Privacy Policy

DATE LAST MODIFIED: July, 2013

Importance of Your Privacy

At Earshot, your privacy is of great importance to us. We understand that you entrust us with certain private information to help us provide various products and services. In exchange for your trust, you expect and deserve our commitment to treat your information with respect and in accordance with this Privacy Policy. Rest assured that we will protect your privacy. Under no circumstances will Earshot sell or share any personal information about you to or with any person or organization except (i) as authorized by you, (ii) as described in the relevant portion of Earshot’s Website (the “Website”) and/or Terms of Use, (iii) in connection with providing various products and/or services to you (the “Services”), (iv) to the extent you post content and/or information into any Activated Social Network (as defined below), such content and/or information, through Earshot’s mobile software application (the “Application”), will be made available to various merchants and/or other businesses that have engaged with Earshot to be provided with such access (“Merchants”), (v) to third parties on an aggregated, non-identifiable basis, (vi) as may be required by law or court order, or (vi) as otherwise set forth herein. The Privacy Policy below describes the standards we adhere to in handling information about you and any personal information you submit through the Website and/or the Application.

PLEASE READ THIS PRIVACY POLICY CAREFULLY BEFORE SUBMITTING ANY INFORMATION TO EARSHOT OR THROUGH ANY EARSHOT SOFTWARE OR MOBILE APPLICATION. BY SUBMITTING ANY INFORMATION YOU ARE ACKNOWLEDGING THAT YOU HAVE READ AND UNDERSTAND THIS POLICY AND THAT YOU AGREE TO BE BOUND BY ITS TERMS. IF YOU DO NOT AGREE TO BE BOUND BY THE TERMS OF THIS PRIVACY POLICY, SIMPLY EXIT THIS PAGE AND/OR THE APPLICATION WITHOUT ACCESSING OR USING ANY OF OUR SERVICES.

A Special Note About Children: Children are not eligible to use our Services and we ask that minors (under the age of 13) do not submit any personal information to us or use the Services. Earshot does not collect or maintain information from those actually known to be under the age of 13, and no part of Earshot’s website, the Application or Services is structured to attract anyone under the age of 13. Other age restrictions may be set forth in Earshot’s Terms of Use from time to time.

Important Categories of Information for you to know:

  1. Who we are
  2. Information we may collect at the Website or through the Application
  3. How your information is used
  4. Altering the information you submit through the Website and/or Application

1. WHO WE ARE Earshot operates a website located at www.earshotinc.com and the Application through which (i) messages, text, content, photographs, audio files, designs, locations and other information posted within any Activated Social Network is made available to Merchants, (ii) you and each such Merchant can engage in private communications regarding any such message or post, and (iii) Merchants will be able to confirm, without being made aware of any of your personal information and solely for informational and demographic purposes, your location via your mobile device from time to time. “Activated Social Network”, for purposes of this Privacy Policy, means each online and/or mobile social network (such as, by way of example and without limitation, Facebook, Twitter, Foursquare and Instagram), with respect to which you have opted-in with Earshot to allow Earshot’s merchant and/or other business customers to access and review posts made by you within each such network which are related in any way to such merchant or business.

2. INFORMATION WE COLLECT There are several areas on the Website and/or within the Application where you may be asked to enter both personal and non-personal information including, by way of example and without limitation, your name, address, phone number, credit card information, birthday, Facebook, Twitter and/or other social network usernames, and information regarding your cell phone and/or other mobile device. In addition, when you use the Application Earshot automatically receives and records information on our server logs from your browser or mobile platform, including your IP address and location. We treat this data as non-personal information for purposes of providing the Services, except where we are required to treat it as personal information under applicable law. We DO NOT sell or share any personal information about you to or with any person or organization except (i) as authorized by you, (ii) as described in the relevant portion of the Website and/or Terms of Use, (iii) in connection with providing the Services, (iv) to the extent you post content and/or information into any Activated Social Network, such content and/or information, through the Application, will be made available to Merchants, (v) to third parties on an aggregated, non-identifiable basis, (vi) as may be required by law or court order, or (vi) as otherwise set forth herein. In addition, and not in limitation of the foregoing, information you enter at the Website and/or which passes through the Application will be shared with the vendor(s) or third party service providers with which Earshot has entered into a business relationship in order to provide the Services. In addition, Earshot may sell or disclose information gathered on the Website or within the Application to third parties on an aggregated basis.

(a) Information we receive from you. To use certain of Earshot’ Services, you’ll need to provide certain personal information which may include, without limitation, your name, address, birthday, phone number, credit card information, Facebook, Twitter and/or other social network user names, e-mail address, information regarding your cell phone or mobile device and other information.

(b) Technical information we collect. In order for Earshot to ensure that we are providing the best possible consumer experience on the Website and within the Application, we collect and track certain user information. When you visit the Website, our Web server sends a cookie to your computer. This cookie stores a limited amount of information about your site visit. The cookie tracks aggregate information on how our site is being used, including session counts, navigation patterns, pages visited, etc. These cookies, however, do not store any personally identifiable information such as your name, email address or phone number as you browse the site. When you submit a question, we store your cookie identification in our system. This cookie allows our site to recognize you when you return. Earshot may also utilize Web Logs to track aggregate information about how our site and/or the Application is being used. Web Logs track anonymous user information, including the number of visitors to the Website, operating systems, Internet Provider addresses (if publicly available), and browser type. Unlike cookies, Web Logs are maintained only on Earshot servers and do not store or place anything on the user’s computer. If you come to the Earshot Website from an online banner ad, an anonymous identification number may be passed to the Website. This information cannot be used to gather any personally identifiable information about you. It will only allow us to track the overall effectiveness of our online advertising, marketing and banner advertisement campaigns.

(c) Other Information we get from your use of the Services. We may collect information about the Services that you use and how you use them. This information includes: Device information We may collect device-specific information (such as your hardware model, operating system version, unique device identifiers, and mobile network information including phone number). Location information When you use the Service, we may collect and process information about your actual location, such as GPS signals sent by a mobile device. We may also use various technologies to determine location, some of which may be made available through third party licensors.

(d) Information from surveys. You may have the option of completing an online survey at the Website or within the Application from time to time. Participation in surveys is completely voluntary and it is your choice whether or not you wish to disclose your personal information to us in connection with any such survey.

(e) Information from the “Contact Us” section of the Website or Application. You may contact Earshot through the “Contact Us” feature. Participation in this area is completely voluntary and it is your choice whether or not you wish to disclose your personal information to us.

(f) Information collected other sections of the Website or Application. Earshot may, from time to time, make various resources available to you at the Website or within the Application. At times we may collect personal information in connection with providing such services.

3. HOW YOUR INFORMATION IS USED. We use the information you provide to provide the applicable Services to you, either directly or through third party service providers. Earshot may also share certain aggregated data with other third parties for general marketing and demographic purposes; however, this data does not include any of your personal identifying information. In addition, to the extent you elect to share conversation threads through use of the Application, other users of the Services and/or Application (i) may become aware of your location, and (ii) will be able to read such posts, and may elect to share some or all of the content within any such post with other third parties. Some of our Services may be offered in conjunction with partner companies, affiliates or other companies or websites with which we work. In order for us to provide these Services to you, it may be necessary for us to share your personal information with one of such entities. These parties are not allowed to use personally identifiable information except for the purpose of providing these Services. If you do not want your data to be shared, you can choose not to allow the transfer by not using that particular Service. One of the special features of the Application and the Services is that it allows you to enable various online third party services, such as social media and social networking services (for these purposes, “Third Party Services”), to be directly integrated into your Earshot experience. To take advantage of this feature, we will ask you to provide us your username and password for the relevant Third Party Services. By enabling such Third Party Services, you are allowing us to pass your log-in information and send and receive other information (such as geo-location and lists) to and from these service providers. When you add a Third Party Service account to the Services, we will collect your login information and other relevant information necessary to enable the Application to access that Third Party Service and your data contained within that Third Party Service. However, please remember that the manner in which Third Party Services use, store and disclose your information is governed solely by the policies of such third parties, and Earshot shall have no liability or responsibility for the privacy practices or other actions of any Third Party Service that may be enabled within the Application. In addition, Earshot may disclose account or other personal information when we have reason to believe that disclosing this information is necessary to identify, contact or bring legal action against someone who may be causing injury to or interference with Earshot’s rights or property, other Website or Application users or anyone else that could be harmed by such activities.

4. ALTERING INFORMATION YOU SUBMIT.

(a) Deleting your information. Federal and state regulations may require that we store questions or submissions for various periods of time. In order to comply with these regulations, we may be unable to delete information from our databases.

(b) Altering Information. Earshot may alter, modify or delete any information you submit to the Website or through the Application if it believes, in its sole discretion, it is necessary or desirable to do so.

(c) Request to stop receiving emails from us. Periodically, Earshot may send you emails to alert you to various opportunities or offers available at the Website or within the Application. If you do not wish to receive any of these offers, please send an e-mail to support@earshotinc.com to remove yourself from our mailing list.

SECURITY

Earshot uses extensive and sophisticated secure technology to protect your data and transmissions between you and Earshot. Transmission between browsers and our web server is implemented using either Secure Sockets Layer (SSL) technology or Earshot’s proprietary mobile application that utilizes SSL-encrypted communication. This technology requires an SSL-capable browser. Although Earshot has taken these reasonable and appropriate measures to ensure that your personal information is delivered and disclosed only in accordance with your instructions, Earshot cannot and does not guarantee that the personal information you provide will not be intercepted by others and decrypted.

CHANGES TO PRIVACY POLICY

If we make a change to our Privacy Policy in the future that will affect how we treat your information, we will post such change at the Website and/or within the Application, and such change will be deemed to be effective 2 days from the date of such posting. In that case, your ability to opt out of the new policy will be determined by applicable laws.

BUSINESS TRANSFER

We may, in the future, sell or otherwise transfer some or all of our assets or equity to a third party. Your personally identifiable information and other information we obtain from you via the Website or the Application may be disclosed to any potential or actual third party purchasers of such assets or equity and may be among the assets transferred.

ACCEPTANCE

If you do not agree to the terms of this Privacy Policy, please do not provide us with any information and do not use the Website or the Application. By using the Website or the Application and/or voluntarily providing information which will pass through the Website and/or Application, you consent to our collection and use of the information as set forth in this Privacy Policy.

LINKS

The Website and/or Application may contain links to other websites or applications that are owned and operated by third parties that are not affiliated with us. When you use those links, you leave the Website or Application (as applicable) and we are unable to control how the owners of the websites or applications you link to handle any information they gather about you, including their privacy practices and use of cookies. This Privacy Policy applies only to the Website and Application and does not govern activities on linked websites or applications. We encourage you to review the privacy policy of any other website or application you visit, download or access to understand its owner’s practices on how it collects, uses and discloses your information.

MISCELLANEOUS

The Application utilizes the Google Maps API, and as such, the Google privacy policy located at http://www.google.com/privacy.html is hereby incorporated by reference.