Our Privacy Policy
Thank you for visiting the EMPOWER & HEAR INC. website and for reviewing this Privacy Policy (the “Privacy Policy”). Please know your privacy is important to us, and we respect your privacy. We want you to be familiar with how we collect, use, and share information. We reserve the right to change, modify, add, or remove provisions of this Privacy Policy, and we will post any changes to the Privacy Policy here, and include the date the Privacy Policy was updated.
Personal Information refers to any information, alone or in combination with other information, which can identify a person. This does not include information where identifiers have been removed. We seek to protect your Personal Information and your right to privacy and to comply with applicable privacy laws and regulations of states in the United States of America.
Please read this Privacy Policy carefully. Your use of this website constitutes your acceptance to be bound by the Privacy Policy without limitation, qualification, or change. If at any time you do not agree with this Privacy Policy, we must require that you discontinue use of this Site immediately. By accessing our website, you agree to our use of your Personal Information and other information consistent with the Terms of Use and this Privacy Policy. If you have any questions about this Privacy Policy, please contact us at vadams@empowerandhear.com.
Information We May Collect
If you visit our website to browse, read, or download information:
Your web browser may automatically send us (and we may retain) Personal Information such as the following:
Internet domain through which you access the Internet (e.g., yourServiceProvider.com if you use a commercial Internet service provider, or yourSchool.edu if you use an Internet account from your school);
Internet Protocol (“IP”) address, which refers to a number automatically assigned to your computer whenever you surf the web, as well as information that may be derived from the IP address, such as geographic location;
Behavioral data of the internet connected device you use when on this website, such as advertisements clicked or viewed, sites and content areas;
Location or geolocation information you provide directly or through automated means;
Information about the device you use, such as browser, device type, operating system, the presence or use of “apps,” screen resolution and preferred language;
Type of browser software and operating system you are using;
Demographic information and other information and other information provided by you that does not reveal your specific identity;
Unique IDs such as your mobile device identifier, cookie ID on your browser, pixel tags (also known as web beacons and clear GIFs) and other technologies;
Date and time you access our website; and,
Internet address of the site from which you linked directly to our website.
We may also collect information through the use of cookies, which commonly is used on websites. These are tiny bits of electronic information that a website puts on your computer’s hard drive so that the website can remember your preferences or pages that you have visited on the site and assists us to provide the user with a better experience on our website.
We may use this information as aggregate data to help us maintain our website. This may include information to determine the number of visitors to different sections of our website, to provide the services you seek, to ensure the website is working properly, to perform analyses about your use or interest in our services and content, and to help us make our website more accessible and useful.
We will not use your Personal Information to identify individuals, except for website security or law enforcement purposes.
We may ask that you provide us with Personal Information when you communicate with us online, register to use our website, or receive our communications, for example. You are not required to provide your Personal Information to us, although we may not be able to provide certain services to you without your Personal Information.
Additionally, we may retain other Personal Information, such as your name, street address, email addresses, telephone number, demographic attributes when tied to Personal Information that identifies you, photographs that identify you and testimonials, and transactional data.
We may use the information we collect to inform you of new content, for marketing and promotional purposes, to provide targeted advertising, to analyze, develop, optimize and improve the use, function, and performance of our website and our services, and to comply with applicable laws and regulations.
We may share your Personal Information with those third parties who, in our judgment, are appropriate in order to fulfill requests or other services by you or otherwise provide a commercial purpose and/or business function on our behalf, or as may be required by law or regulation. If, when you provide us with such information, you specify that you do not want us to disclose the information to third parties, we will honor your request. Note, however, that if you do not provide such information, it may be impossible for us to refer, respond to, or fulfill your requests.
If your communication relates to a law enforcement matter, we may disclose the information to law enforcement agencies we deem appropriate.
How Long We Keep Information
We may keep the information that we collect for as long as necessary to fulfill the purposes outlined in this Privacy Policy unless otherwise required by law. You may unsubscribe from our communications or request that your information be deleted at any time by contacting us at vadams@empowerandhear.com.
Use of Cookies
Our website may use cookies and other tracking technologies (such as pixels, device identifiers, and web beacons.) Your web browser places cookies on its hard drive for record-keeping purposes, to enhance your experience, or to access or store information. You may choose to set your web browser to refuse cookies or to alert you when cookies are being sent. If you do so, note that some parts of the website may not function properly.
Children’s Online Privacy Protection Act (COPPA)
We comply with the requirements of COPPA in that we do not knowingly collect Personal Information from children under the age of 13. Therefore, this website is not directed to individuals under the age of 13, and we request that anyone under the age of 13 not provide Personal Information. If a parent or guardian becomes aware that his or her child has provided us with Personal Information without the consent of the parent or guardian, such as the child misrepresenting his or her age, we ask the parent or guardian to contact us at vadams@empowerandhear.com. If we become aware that we have inadvertently received Personal Information from a child under the age of 13, we will delete such information from our records. Please see our Terms of Use for additional information regarding the use of this Site by minors.
California Consumer Privacy Act (CCPA)
This Privacy Policy is intended to comply with the CCPA, which provides certain rights to California residents. Under the CCPA, “Personal Information” means anything that identifies, relates to, describes, is reasonably capable of being associated with, or could reasonably be linked, directly or indirectly, with a California consumer or household.
If you are a California resident, under California law you have the right to know about and request the following information regarding your Personal Information we collect and disclose for the period covering 12 months preceding your request:
The categories and specific pieces of Personal Information we collected;
The categories of sources from which we collected your Personal Information;
The business or commercial purpose for which we collected or sold your Personal Information; and,
The categories of third parties to whom we disclosed or sold your Personal Information.
Empower & Hear does not sell Personal Information. Please note, however, that the CCPA may consider some uses or sharing of your Personal Information as a “sale” to include sharing of Personal Information with third parties for valuable consideration. This may include agreements with third party providers, as described below.
If you are a California resident, you have the right to request that we delete your Personal Information we collect, although this request may be denied if a legal exemption is applicable. Also, if you request, you have the right to receive notice of the categories of Personal Information about you.
In order to exercise your rights as a California resident under the CCPA, please contact us at vadams@empowerandhear.com. Please specify your full name, mailing and email addresses, and the details about your request. We will respond to verifiable consumer requests consistent with the CCPA and its regulations. To ensure the request is coming from you and to protect your security, we may require that you provide certain information to us, including a declaration or affidavit under penalty of perjury, to verify your identify. You may also use an authorized agent to exercise your rights if the authorized agent has your power of attorney to act on your behalf.
Please note that we will not discriminate against you for exercising your privacy rights under the CCPA, any other law, or this Privacy Policy generally.
Third-Party Providers
From time to time, we may establish a business relationship with other businesses. For example, we may contract with third-party providers to provide certain services, such as hosting, web maintenance, or receiving donations. We provide our third-party providers with the information necessary for them to perform these services on our behalf. Each such service provider is expected to use reasonable security procedures and practices appropriate to the nature of the information involved in order to protect your Personal Information from unauthorized access, use, or disclosure. This Privacy Policy does not address, and we are not responsible for, the privacy, practices, or information of any third parties, including those third parties operating any website or service to which our website may link.
Links to Other Websites
Our website may contain advertisements from third parties and links to other websites. Any Personal Information you provide on the linked pages is provided directly to that third party and is subject to that third party’s privacy policy. This Privacy Policy does not apply to such linked sites, and we are not responsible for the content or privacy and security practices and policies of those websites or any other sites that are linked to or from our website. We advise that you learn about the privacy and security practices and policies of such other sites before providing your Personal Information to those sites. Please see our Terms of Use for additional information regarding links to third party websites.
Changes to this Privacy Policy
As stated above, we have the discretion to update this Privacy Policy at any time. When we do, we will revise the updated date at the bottom of this page.
We encourage you to frequently check this Privacy Policy for any changes to stay informed about how we are helping to protect the Personal Information we collect. You acknowledge and agree that it is your responsibility to review this Privacy Policy periodically and become aware of modifications.
Your Acceptance of These Terms
By accessing the website, you confirm your acceptance of the terms of this Privacy Policy. If you do not agree to our Terms of Use or this Privacy Policy, please do not use our website. Your continued use of the website following the posting of changes to this Privacy Policy will also be deemed your acceptance of those changes.
Contacting Us
You are welcome to submit any questions or concerns about this Privacy Policy, our compliance, or your interactions with this website by contacting us vadams@empowerandhear.com.
November 2022
Terms of Use
EMPOWER & HEAR INC. (E&H) welcomes you to our website and all site-related services subject to your compliance with the terms and conditions set forth in these Terms of Use (“TOU”). These Terms govern the relationship between E&H and you with respect to your use of the E&H website.
It is important that you read these Terms of Use carefully before you use our website, and if you do not agree with them, please do not use this website. Any questions or comments you may have regarding this website should be sent to vadams@empowerandhear.com.
E&H reserves the right to modify the Terms of Use without prior notice at any time, and we will post a revised Terms of Use and update the date at the bottom of the Terms of Use. Your continued use of the website after such notice will be deemed acceptance of such changes. It is therefore important that you read this page from time to time to ensure you are updated regarding any changes to this TOU.
1. Intended Use of the E&H Website. By using or attempting to use the E&H website, you certify that you are at least 13 years of age or, if under the age of 13, you have the consent of your parent or guardian (over the age of 18) to use the website. If you do not meet these requirements or, if for any reason, you do not agree with all of the terms and conditions contained in this TOU, please discontinue using our website immediately.
By using the website, you agree to be bound by the provisions of this TOU and any additional terms that govern any products, if applicable, and services, which will be presented in conjunction with those products and services. Such additional terms and the website’s Privacy Policy are hereby incorporated in this TOU by reference. This TOU will remain in full force and effect as long as you are a user of our website and in the event you no longer use the website, you will still be bound by any obligations on your part under this TOU.
2. Content You Share. In the event you provide information about yourself, you agree to provide accurate, current, and complete information and to update your information as appropriate. Please read our Privacy Policy, which describes the personally identifiable information we collect, use, maintain, and may disclose. You acknowledge that, if any information provided by you is untrue, inaccurate, not current or incomplete, we reserve the right to terminate this TOU and your use of the website.
3. Rules of Conduct. While using the E&H website, you agree to comply with all applicable laws, rules, and regulations, including, but not limited to, those governing copyright and trademark and other intellectual property matters. You may not engage in any unauthorized use, copying, or distribution of any of website content, including reproducing, displaying, publicly performing, or distributing website content in any way for any public or commercial purpose.
You also agree you will refrain from engaging in the following conduct or transmitting any of the following when using the website:
a. Any unlawful, threatening, defamatory, obscene, scandalous, deceptive, fraudulent, tortious, obscene, pornographic, inflammatory, profane, or infringing material or any material that could constitute or encourage conduct that would be considered a criminal offense, give rise to civil liability, or otherwise violate any law;
b. Any virus, worm, Trojan horse, Easter egg, time bomb, spyware or other computer code, file, or program that is harmful or invasive or may or is intended to damage or hijack the operation or to monitor the use of, any hardware, software or equipment;
c. Any unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letter,” “pyramid scheme” or investment opportunity, or any other form of solicitation; and
d. Other activity that violates the legal rights of others, including without limitation, others’ privacy rights or rights of publicity, or harvest or collect personally identifiable information about other users of the Site.
4. Intellectual Property. You further acknowledge that Empower & Hear is the owner of the trademark and service mark EMPOWER & HEAR and design logo. You agree that all uses of the foregoing marks shall only be in connection with any goods and services related to Empower & Hear. The website, including all website software, databases, proprietary information and website content, as well as any intellectual property and other rights relating thereto, including, without limitation, the selection, sequence, appearance, and “look and feel,” are owned and operated by Empower & Hear.
You understand and agree that the website is protected by U.S. and international copyright, trademark, and other laws, and your use of this website does not provide any ownership rights to you. You are permitted to link to, copy, and share pages from our website for educational, journalistic, or commentary purposes provided you provide accurate credit and sourcing to Empower & Hear and include the website URL of the website page from which the text was obtained. These uses, however, may not be edited but must be as presented on our website without editing or alteration. You are forbidden from any commercial reproduction and distribution of the E&H website. Moreover, you are not allowed to copy, reproduce, or otherwise use or make derivative works from any photograph or illustration on the website.
5. Services. In the event E&H provides services to you, you agree that all information you are requested to provide will be current and accurate, and you will abide by any terms of engagement or retainer as you and E&H agree.
6. Links. The website may contain links to other Internet websites. Empower & Hear does not review all of the websites’ content that are linked to the website, is not responsible for such content, and the presence of such links does not indicate the approval or endorsement of any material contained in any linked sites. Accordingly, we encourage you to become familiar with the terms of use and practices of any linked site and to review that Site’s Privacy Policy for additional information regarding third party websites.
7. Children’s Online Privacy Protection Act. This website complies with the Children’s Online Privacy Protection Act. However, we cannot prohibit minors from visiting this website. We must rely on parents and guardians of children under 13 to monitor such children’s activities and determine what website content is acceptable. All personally identifiable information (PII) of a child under 13 must have the parent or guardian’s permission, and we will delete all PII from a child under the age of 13 in the event we inadvertently receive and learn about such information. Please see our Privacy Policy for more information.
8. Limitation of Liability. You acknowledge that this website and all content, information, and materials made available through this website are provided to you “as is” without any express warranties or representations of any kind. E&H disclaims all statutory and implied representations, warranties, terms, and conditions with respect to this website, and all content, information, and materials made available through this website, including, without limitation, implied warranties of title, merchantability, fitness for a particular purpose, and noninfringement. Neither Empower & Hear, nor any other party involved in creating, producing, or delivering the website, is liable for any direct, incidental, consequential, indirect, or punitive damages or losses arising out of or in connection with your access to, or use of, the website, its features, or any content made available through the website.
9. Indemnity. Except to the extent prohibited under applicable law, you agree to defend, indemnify, and hold harmless Empower & Hear and any other party involved in creating, producing, or delivering the website, and their respective directors, officers, employees, agents, and representatives, from and against all claims, losses, costs, and expenses, including without limitation attorneys’ fees, arising out of (a) your use of, or activities in connection with, the website; (b) any violation of these terms of use by you in connection with the website; or, (c) any allegation that any content that you make available or create through the website, infringes or otherwise violates the copyright, trademark, trade secret, privacy, or other intellectual property or other rights of any third party.
10. Termination. This TOU is effective until terminated. You agree that we may terminate your access to or use of the website or any portion thereof, at any time, if you breach the Terms of Use, or we reasonably believe that you have breached these Terms of Use, subject to any restrictions placed on our exercise of such rights under applicable law. Upon any such termination, your right to access and use the website will immediately cease. You agree that any termination of your access to or use of the website may be affected without prior notice to you.
11. Disclaimers. You agree that this website, the materials on the website, and any services or products obtained through the site are provided “as is” and without warranties of any kind, either express or implied, and you use the website at your own risk. You acknowledge E&H is not liable for any damages, including direct, incidental, special, consequential, or punitive, in connection with or arising from your use of the website. To the fullest extent permissible pursuant to applicable law, E&H and agents disclaim all warranties, express or implied, with respect to the website, the materials, and any product or service obtained through the website, including, without limitation, fitness for a particular purpose, implied warranties of title, non-infringement, accuracy, merchantability, and fitness for a particular purpose, and any warranties that may arise from course of dealing, course of performance, or usage of trade, that the website is free of viruses or other harmful components.
12. Other. In the event any provision of the TOU is deemed unlawful, void, or unenforceable, such provision shall be deemed severable from the TOU and shall not affect the validity and enforceability of any remaining provisions, and such remaining terms and provisions remain valid and in full force and effect.
This is the entire agreement between us relating to the subject matter herein and supersedes any and all prior or contemporaneous written or oral agreements between us with respect to such subject matter. The TOU is not assignable by you except with the prior written consent of Empower & Hear. No waiver by either party of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default.
September 2022