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Privacy Policy

Earlux Holdings, Inc. (referred to herein as “Earlux”, “our”, “us” or “we”) is committed to respecting the privacy rights of those visiting our websites, including the Earlux website (at https://earlux.com), our Independent Hearing Pros’ Replicated Websites and our mobile applications (hereafter collectively referred to as the “Website” or “Websites”). We created this Privacy Policy to give you confidence as you visit and use the Websites, and to demonstrate our commitment to fair information practices and to the protection of privacy.

This Privacy Policy is only applicable to our Websites and not to any Third-Party websites that may link to or from this Website, which may have data collection, storage and use practices and policies that differ materially from this Privacy Policy. For additional information, see the section concerning Third-Party Websites, below.

The Website is located in United States and is subject to U.S. laws. If you are outside of the United States, your use of the Website constitutes consent to the transmission of personal information to the United States. If your use of the Website is against the laws of your jurisdiction, it is your responsibility to refrain from the use of the Website.

BY USING THE WEBSITE, YOU REPRESENT AND WARRANT THAT YOU HAVE READ AND UNDERSTOOD, AND AGREE TO THE TERMS OF, THIS PRIVACY POLICY. IF YOU DO NOT UNDERSTAND OR DO NOT AGREE TO BE BOUND BY THIS PRIVACY POLICY, YOU MUST IMMEDIATELY LEAVE THE WEBSITE.

Each time you use the Website, the then-current version of this Privacy Policy will apply. Accordingly, each time you use the Website you should check the date of this Privacy Policy (which appears at the end) and review any changes since the last time you visited the Website. For additional information, see the section concerning Updates and Changes to Privacy Policy, below.

Children’s Privacy
Earlux is committed to the safety of our children. Persons under the age of 18 may not enroll as Earlux Independent Hearing Pros (hereafter “Hearing Pro”) or register as customers. Children under the age of 13 may not purchase products or services through any of our Websites. Earlux does not solicit or knowingly collect personally identifiable information from children under the age of 13. If Earlux obtains actual knowledge that it has collected personally identifiable information from a child under the age of 13, Earlux will immediately delete such information from its database. Because Earlux does not collect personally identifiable information from children under the age of 13, Earlux has no such information to use or disclose to third parties.

Information Collection
Earlux is the sole owner of the Websites. We collect information from Hearing Pros, customers, and visitors to the Websites at different points on the Websites.

  • Traffic Data. Like most website operators, Earlux automatically gathers information of the sort that browsers automatically make available, including: (i) IP addresses; (ii) domain servers; (iii) types of devices accessing the Website; and (iv) types of Web browsers accessing the Website (collectively “Traffic Data”). Traffic Data is anonymous information that does not personally identify you.
  • Cookies. A “Cookie” is a string of information that a website stores on a user’s computer, and that the user’s browser provides to the website each time the user submits a query to the website. The purpose of a Cookie is to identify the user as a unique user of the Website. Earlux uses Cookies to customize your experience on the Website to your interests, to ensure that you do not see the same informational messages repeatedly, and to store your username so you do not have to re-enter it each time you visit the Website. For additional information on Earlux’s uses of Cookies, see the section concerning Information Use and Disclosure Practices/Traffic Data and Information Gathered Using Cookies, below.
  • Third Party Cookies. We may allow third parties to use Cookies on the Websites, but we do not control the use or contents of third-party Cookies. Such third-party cookies may include:
    • Ad Services. In the course of providing advertisement services, the third parties may utilize cookies on the Website.
    • Data Providers. We use third-party data provider cookies in connection with the Website.
    • Analytics. We use third-party analytics cookies to gain insight into how our visitors use the Website. Third parties such as Google Analytics utilize cookies on the Website for analytics.
  • Opting Out of Cookies. IF YOU DO NOT WISH TO HAVE COOKIES PLACED ON YOUR COMPUTER, YOU SHOULD SET YOUR BROWSER TO REFUSE COOKIES BEFORE ACCESSING THE WEBSITE, WITH THE UNDERSTANDING THAT CERTAIN OF THE SERVICES AND CERTAIN FEATURES OF THE WEBSITE MAY NOT FUNCTION PROPERLY WITHOUT THE AID OF COOKIES. IF YOU REFUSE COOKIES, YOU ASSUME ALL RESPONSIBILITY FOR ANY RESULTING LOSS OF FUNCTIONALITY.
  • Personal Information. Through your use of or visits to our Websites, you may be required or requested to provide personally identifiable information (hereafter “Personal Information”) to us. Personal Information is any piece of information which can potentially be used to uniquely identify, contact, or locate a single person. We collect the following categories of Personal Information from users:
    • Name
    • Mailing Address
    • Email Address
    • Telephone Number
    • Social Security/Taxpayer Identification Number
    • Username
    • Account Password
    • Geolocation Information
    • Credit Card Information
    • Billing Information
    • Bank Account Information
    • Information associated with other accounts belonging to a user
  • Protected Health Information. Protected health information that users provide to us in connection with the purchase of hearing assistive devices is protected as set forth in our supplemental Protected Health Information Privacy Notice at https://www.earlux.com/PHI. To the extent of any inconsistency between this Privacy Policy and the PHI Privacy Notice, the terms of the PHI Privacy Notice shall control.
  • Consent. We do not collect Personal Information from a user without first asking the user to provide it. The Website does not gather Personal Information from users without their knowledge. We may supplement the Personal Information that a user provides to us with additional Personal Information gathered from public sources or from third parties (e.g., consumer reporting agencies) who may lawfully provide such information to us. You are under no obligation to provide Personal Information to us, with the caveat that your refusal to do so may prevent you from using certain of the features and services available on the Website or from purchasing some or all of our products.
  • Credit Card Information. Credit card information collected at registration or for shopping cart orders is used only to process payment for purchases. Credit card information is retained by us in order to facilitate subscription purchases. In addition, users may elect to store their credit card information for in order to pay for future product orders and recurring fees. To protect your Personal Information, we take reasonable precautions and follow industry best practices to make sure your credit card information is not inappropriately lost, misused, accessed, disclosed, altered or destroyed. Although no method of transmission over the Internet or electronic storage is 100% secure, we implement additional generally accepted industry standards
  • Information that you make Public. The Website may contain features (e.g., public profiles, forums, and message boards) that permit you to upload, post, transmit, display, perform or distribute content, information or other material, including some of your Personal Information. Any information that you choose to disclose by means of such features becomes public information over which Earlux is unable to exercise control. You should exercise caution when deciding to disclose your Personal Information by means of such features, and you agree to assume all responsibility for doing so.

Information Obtained from Third Party Sources
We may receive information about you such as contact information and demographics information from other sources. In addition, we may combine information you give us with information from these sources. The types of information and sources of such information include without limitation the following categories:

  • Vendors. We may receive contact information and demographic information that you provide to or through our vendors, such as through our email and text message campaigns.
  • Your Earlux Hearing Pro (if applicable). Information such as account or demographic information that is submitted by your Earlux Hearing Pro on your behalf.
  • Payment Service Providers. Payment information such as updated credit card number and expiration dates from your bank or credit card company which we use to keep our records current and service you better.
  • Delivery Service Providers. Delivery details such as updated delivery, contact information, and address information from our carriers or other third parties which we use to keep our records current, process orders, deliver your next purchase, and service you better.
  • Social Media Services. Information that you publicly post on our and your social media pages (e.g., our Facebook®, Instagram®, and Twitter® pages), such as your contact and demographic information, such as likes, interests, preferences, comments, suggestions, and opinions, general feedback, and content.
  • Other Third-Party Sources (Including Data Aggregators and Public Databases). Transactional data from third party purchases; contact information, demographics information, including profile data; information about products or services purchased from other companies.

Information Use and Disclosure Practices

  • Traffic Data and Information Gathered Using Cookies. Earlux analyzes Traffic Data and information gathered using Cookies to help Earlux better understand who is using the Website and how they are using it. By identifying patterns and trends in usage, Earlux is able to better design the Website to improve your experience, and to serve you more relevant and interesting content. From time to time, Earlux may release Traffic Data and information gathered using Cookies in the aggregate, such as by publishing a report on trends in the usage of the Website. Earlux does not attempt to link information gathered using Cookies to Personal Information.
  • Personal Information. Personal Information is used and disclosed as described in this Privacy Policy. In general, we use your Personal Information to:
    • Process your orders;
    • Communicate with you regarding your orders, your account, the use of our products or services, or otherwise provide customer service;
    • Maintain your account and keep track of any purchases made by you;
    • Authenticate your account credentials and identify you to log in to the Website;
    • Personalize your experience on the Website;
    • Send you marketing communications about services and products offered by us and our affiliated companies, as permitted by law;
    • Improve our website, your personal information may be analyzed to search for patterns which may help improve the overall website experience;
    • Improve the customer service we provide; your personal information may be used for review and quality control purposes;
    • Authenticate your credit or debit card account information;
    • Create de-identified personal information to be used by us; and
    • Use for any other reason you consent to.

    Except as specifically set forth in this Privacy Policy, Earlux DOES NOT share Personal Information. Earlux may share aggregated information from time to time with its partners, vendors or other third parties. When such aggregate information is shared by Earlux, no Personal Information is shared.

  • Disclosure Practices. Except under the following circumstances and otherwise as set forth in this Privacy Policy, Earlux will keep your Personal Information private and will not sell it to or share it with third parties.
    • Disclosure in Connection with Services. Earlux discloses Personal Information to those who help it provide Services, including those who provide services associated with a customer’s purchase of hearing aids (e.g., hearing tests, fitting of hearing aids, and ordering of hearing devices), email marketing and other communications, performance of technical, administrative and data processing tasks such as hosting, billing, fulfillment, and data storage and security.
    • By Law or to Protect Rights. Earlux discloses Personal Information when required to do so by law, or in response to a subpoena or court order, or when Earlux believes in its sole discretion that disclosure is reasonably necessary to protect the property or rights of Earlux, third parties or the public at large.
    • Legally Required Law Enforcement, Judicial and Administrative Agency Disclosures. Earlux will provide confidential and personally identifiable information as necessary to comply with judicial and administrative orders, subpoenas, Civil or Criminal Investigative Demands, Administrative and Regulatory Demands and other legal obligations. In order for Earlux to conduct business in certain jurisdictions, Earlux must disclose certain personally identifiable and confidential information to regulatory authorities in such jurisdictions. Such information may include, but is not limited to, income information and personally identifiable information.
    • Business Transfers; Bankruptcy. Earlux reserves the right to transfer all Personal Information in its possession to a successor organization in the event of a merger, acquisition, or bankruptcy or other sale of all or a portion of Earlux’s assets. Other than to the extent ordered by a bankruptcy or other court, the use and disclosure of all transferred Personal Information will be subject to this Privacy Policy, or to a new privacy policy if you are given notice of that new privacy policy and an opportunity to affirmatively opt-out of it. Personal Information submitted or collected after a transfer, however, may be subject to a new privacy policy adopted by Earlux’s successor organization.
    • Unpaid Accounts. If you fail to pay any balance owed to Earlux, we may, as permitted by law, report your Personal Information, including without limitation your unpaid balance, to consumer credit reporting services, collection agencies and others.
    • Invite a Friend. When you invite family or friends to join the Earlux network or to attend an Earlux event, Earlux will send an email on your behalf to the indicated recipient. Your name and email address will appear in the “From” line of such email.
    • Lead Assignment and Hearing Pro Locator Features. Earlux occasionally will assign prospective sales and prospective Hearing Pro leads to Hearing Pros. In these cases, we will provide the prospective customer or Hearing Pro with the appropriate Hearing Pro’s name and contact information and/or provide a Hearing Pro with the prospective customer’s or Hearing Pro’s name and contact information.
    • Downline Activity/Genealogy Reports. As a direct selling company, Earlux provides certain information to Hearing Pros regarding other Hearing Pros and Customers enrolled in a Hearing Pro’s downline marketing organization (sales team). To help Hearing Pros in Earlux’s direct selling program manage their independent businesses, we provide our Hearing Pros with some of the Personal Information of the other Hearing Pros and customers whom they have personally sponsored/enrolled as well as other Hearing Pros who are on their marketing teams. If you enroll as a Hearing Pro or register as an Earlux Customer, your name, address, telephone number, and email address, as well as data relating to your sales, purchases, and recruitment activity will be disclosed to the Hearing Pro who sponsored you and to other Hearing Pros who are upline to you and your sponsoring Hearing Pro. No other Personal Information will be shared with Hearing Pros. Such information is shared via the Hearing Pro Back-Office. Information relating to downline Hearing Pros is made available to Hearing Pros subject to a confidentiality and non-solicitation covenant in the agreement that each Hearing Pro enters into with Earlux. However, Earlux does not warrant that other Hearing Pros will adhere to the confidentiality and non-solicitation covenants, and Earlux shall not be responsible for Hearing Pros’ violation of these covenants. By enrolling as a Hearing Pro or registering as an Earlux Customer, you consent to the disclosure of your Personal Information as described in this paragraph.
    • Surveys. It may become necessary to conduct surveys of our customers or Hearing Pros. Should we deem it necessary to conduct a survey, we may outsource the survey to a third party. We will provide the third-party survey company with your Personal Information as is necessary for the third-party survey company to conduct the survey and to those third parties whom we engage to review and analyze the results of the survey. We will not provide your social security number, credit card or banking information to the survey provider.

Retention of Personal Information
Unless there is something in this Policy to the contrary, we may retain your Personal Information for as long as your account is active and for a period of time thereafter to allow you to re-activate your account without loss of information. We may also retain your Personal Information as necessary to comply with legal requirements and obligations, defend our rights, resolve conflicts, improve the Website, address complaints, and enforce contracts.

Electronic Communications
Consistent with this Privacy Policy and as is permitted by applicable law, we may communicate with you via electronic messages, including email. We receive notice when you open an email or click a link within a marketing email.

Online Advertising
We may display advertising on our Website and partner with third parties to manage advertising on other Websites for our products and services. We may also partner with third parties, including business partners, advertising networks, and other advertising service providers, who gather information about you on our Sites and other sites to provide you with advertisements on the Website and elsewhere online based on your browsing history and tailored to your interests, preferences, and characteristics. Cookies or other similar technologies may be used to provide you with advertising based upon your browsing activities and interests. We are not responsible for the privacy practices of these third parties, and the information practices of these third parties are not covered by this Policy.

Some third parties collect information about users of our Website to provide interest-based advertising on our Website and elsewhere, including across browsers and devices. These third parties may use the information they collect on our Website to make predictions about your interests in order to provide you with ads (from us and other companies) across the Internet. Some of these third parties may participate in industry-developed programs designed to provide consumers with choices about whether to receive targeted advertising. Due to differences between using apps and websites on mobile devices, you may need to take additional steps to disable targeted ad technologies in mobile apps. Many mobile devices allow you to opt out of targeted advertising for mobile apps using the settings within the mobile app or your mobile device. For more information, please check your mobile settings. You also may uninstall our apps using the standard uninstall process available on your mobile device or app marketplace.

To opt out of interest-based advertising across browsers and devices from companies that participate in the Digital Advertising Alliance or Network Advertising Initiative opt-out programs, please visit the websites operated by the Network Advertising Initiative (http://www.networkadvertising.org/choices/) and the Digital Advertising Alliance (http://www.aboutads.info/choices/). You may also be able to opt out of interest-based advertising through the settings within the mobile app or your mobile device, but your opt-out choice may apply only to the browser or device you are using when you opt out, so you should opt out on each of your browsers and devices if you want to disable all cross-device linking for interest-based advertising. Please note that even if you use an industry-based opt-out for interest-based advertising, you will continue to receive generic advertisements and your experience on our Website may be degraded.

Miscellaneous

  • Dispute Resolution. This privacy policy is governed by the laws of the State of Utah. The offer extended by this Agreement, and any acceptance of its terms, shall occur in Utah County, State of Utah. Any dispute arising from or relating to this privacy policy shall be brought in the courts of the State of Utah residing in Utah County. Each party to a dispute arising from or relating to this privacy policy shall bear his/her/its own attorney’s fees, costs, and expenses. If a visitor to this site wishes to bring an action for the breach of this privacy policy, he/she shall do so on an individual basis. Visitors waive all rights to bring an action on a class or consolidated basis. If a visitor to this site is also a Hearing Pro and combines claims under this privacy policy with claims that are subject to the Earlux Hearing Pro Agreement, the dispute resolution provisions of the Hearing Pro Agreement shall govern.
  • Links. Earlux’s Websites may contain links to other sites. Please be aware that Earlux is not responsible for the privacy practices of such other sites. We encourage users to be aware when they leave our site and to read the privacy statements of each and every website that collects Personal Information. This privacy statement applies solely to information collected by Earlux Websites.
  • Security. Earlux has implemented and maintains reasonable security procedures and practices to protect against the unauthorized access, use, modification, destruction, or disclosure of your Personal Information.
  • Do-Not-Track Requests. “Do-Not-Track” is a web browser setting that sends a signal instructing the website not to track a user. The Website does not have a mechanism to respond to “Do-Not-Track” requests.
  • Lost or Stolen Information. You must promptly notify us if your credit, banking, other financial information, username, or password is lost, stolen, or used without permission. In such an event, we will remove that credit card number, bank account information, other financial institution information, username, or password from your account.
  • Promotional Activities. From time to time, Earlux may conduct contests, giveaways, and other promotions (collectively, “Promotional Activities”). Any information submitted in connection with Promotional Activities will be treated in accordance with this Privacy Policy. From time to time, Earlux may also ask you to participate in surveys designed to help Earlux improve the Websites, its products, services, or the Earlux direct selling program. Any Personal Information provided to Earlux in connection with any survey will be used only in relation to that survey and will be disclosed to third parties not bound by this Privacy Policy only in aggregated form.
  • Changes to this Privacy Policy. Earlux reserves the right to amend or change this Privacy Policy at any time at its sole discretion. It is your responsibility to periodically access this Privacy Policy by clicking on the Privacy Policy link at our home page. You can determine the date this Privacy Policy was last updated by referring to the effective date found at the end of the policy. When material changes or amendments are made to the Privacy Policy, we will announce the same at our home page for a period of 30 days following implementation of the amended Privacy Policy.
  • Making Changes to Your Personal Information. Hearing Pros and Registered Customers may update their Personal Information as necessary by logging into their Earlux online Back Offices, which allows them to access and edit their registration account information. In addition, Hearing Pros and Registered Customers may contact us at support@earlux.com to update their profiles.
  • Online Privacy Policy Only. Except as may otherwise be provided herein, this Privacy Policy applies only to information collected through the Website. It does not apply to information collected offline.
  • Questions. Questions regarding this Privacy Policy should be directed to support@earlux.com.
  • Effective Date. The effective date of this Privacy Policy is January 1, 2023.

Supplemental Privacy Notice for California Residents. The following applies solely to California residents. Effective January 1, 2020.

Shine the Light. Residents of the State of California (under California Civil Code Section 1798.83) have the right to request from companies conducting business in California a list of all third parties, if any, to which the company has disclosed Personal Information during the preceding year for direct marketing purposes (e.g., requests made in 2022 will receive information about 2021 sharing activities). We comply with this law by offering California residents the ability to tell us not to share your Personal Information with third parties for their direct marketing purposes. To make such a request, please email us at support@earlux.com. You must include the name of this Site and “California Resident” as the subject line, and your full name, e-mail address, and postal address in your message. Please note that any request under this paragraph will be limited to our use and disclosure of your Personal Information. You will need to make the same request of your Hearing Pro if you would like to obtain information about any disclosure that she or he has made of your Personal Information.

California Consumer Privacy Act Notice. If you are a California resident, you may have certain rights under the California Consumer Privacy Act (CCPA) as described below:

  • To access some of our services, use certain feature of our Websites, or to purchase products or services from us, you will be required to provide certain Personal Information to us.
  • You have the right to know:
    • The California Consumer Privacy Act (CCPA) sets forth certain obligations for businesses that “sell” Personal Information. Based on the definition of “sell” under the CCPA and under current regulatory guidance, we do not believe we engage in such activity and have not engaged in such activity in the past 12 months.
    • We do not sell your Personal Information to any third party.
    • In the 12 months preceding the revision date of this Privacy Policy, we have not sold any Personal Information.
    • We do not discriminate against consumers as a result of a consumer’s exercise of any of his or her rights listed in this section. For example, we will not, as a result of a consumer’s exercise of any rights listed in this section:
      • Deny goods or services to the consumer;
      • Charge different prices or rates for goods or services;
      • Provide a different level or quality of goods or services; or
      • Suggest in any way that a consumer will receive a different price or rate for goods or services or a different level or quality of goods or services.
    • We may provide discounts or other incentives to customers who provide us with certain of their Personal Information. For example, we may offer a discount to a consumer who provides her contact information and payment information in order to register with us.
  • You may request the following relating to your Personal Information from us:
    • A description of the categories of Personal Information we collect and the reasons we collect this information.
    • All Personal Information we have about you.
    • That we delete your Personal Information.
    • A description of the categories of Personal Information we collect and the categories of third parties to which we disclose your Personal Information.
    • A list of third parties to which we have provided your Personal Information for business purposes, and the corresponding purpose for which we have disclosed your information.

To exercise any of your rights under this section, contact us at (833) 432-7589 or support@earlux.com. You will be required to provide us with your name, address and Hearing Pro or customer identification number, and the last four digits of the credit card that you have on file with us so that we can verify your identity.

Supplemental Privacy Notice for Nevada Residents. The following applies solely to Nevada Residents.

Residents of Nevada have certain rights with respect to your Personal Information.

  • You have the right to know that we do not sell any of your Personal Information to any third party or parties.
  • You have the right to request that we not sell any of your Personal Information. Although we do not sell your Personal Information to any third parties, you have the right to submit a request to us directing us not to sell any of your Personal Information that we have collected from you or will collect from you in the future to any third party or parties. You may make such a request by sending an email to us at support@earlux.com. Please include the following information in your request: Your name, your email address, and, if applicable, your Hearing Pro or Customer Number. Upon our receipt and verification of your identity, we will not sell your Personal Information. Within 60 days of our receipt of your request, we will respond to you.
  • We collect the following types of Personal Information from visitors who browse our Websites: None.
  • We collect the following types of Personal Information (“Covered Information”) from visitors who purchase products from us or enroll as Hearing Pros through our Websites:
    • First name, middle name or middle initial, and last name;
    • Home or other physical mailing address;
    • Credit card or other payment information;
    • Email address;
    • Telephone number; and
    • Social Security Number (Hearing Pros Only).
  • We share Covered Information only as specified in this Privacy Policy.
  • If you wish to review, update or otherwise make changes or request that changes be made to the Covered Information you have provided to us, you may do so as specified in “Making Changes to Your Personal Information” above.
  • If we ever change the types of Covered Information that we collect from you, with whom we share it, or the process by which you may review and request or make changes to your Covered Information that is collected and maintained by us, we will notify you as described in the “Changes to this Privacy Policy” above.
  • No third party or third parties may collect Covered Information about your online activities over time when you use any of our Websites.

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