Privacy Policy

Privacy Policy

Effective Date: May 29, 2025

This Privacy Policy describes how EARPware LLC ("EARPware," "Company," "we," "us," or "our"), located at 324 Nicholas Pkwy West, Suite E, Cape Coral, Florida 33991, collects, uses, stores, protects, and discloses personal information in connection with our software (SaaS) and marketing products. We are committed to protecting your privacy and handling your data in a transparent manner.

Our Role in Data Processing

Understanding our role is crucial to understanding how your data is handled. As a Data Controller, we collect personal information directly from you when you visit our public websites, contact us, or become our direct client (e.g., when you sign up for an EARPware account, manage your subscription, or interact with our sales or support teams). In these instances, we determine the purposes and means of processing your personal information. As a Data Processor, we provide software and tools (utilizing various platforms that may use other providers like Google) to our business clients ("Clients"). Our Clients then use these services to interact with their own customers, leads, or users. In such cases, our Clients are the "data controllers" for the personal information they collect from their end-users through the software we provide, and EARPware LLC acts solely as a "data processor" on their behalf. We process this data strictly in accordance with our Clients' instructions and our contractual agreements with them, including Data Processing Agreements (DPAs). If you are an end-user of one of our Clients' services, please refer to their privacy policy for information on how they collect, use, and share your personal information. You should direct any requests regarding your personal information that was collected by our Clients to the Client you directly interact with.

Information We Collect

When we act as a data controller, we collect various types of personal information from and about users of our services and website. While not all types of data are collected from every individual, we may collect the following categories: Identifiers such as name, email address, phone number, mailing address, unique personal identifiers, online identifiers, IP address, device IDs, account name, and company name. We may collect Professional/Employment Information like company name and job title. Financial Information includes payment card details (processed securely by third-party payment processors, we do not directly store raw payment card numbers), billing address, and transaction history related to your EARPware services. Commercial Information covers records of products or services purchased, obtained, or considered from us. We collect Internet or Other Electronic Network Activity Information such as Browse history, search history, information regarding your interaction with our websites, applications, or advertisements, including data on pages visited, time spent on pages, referral sources, clicks, and interactions with our SaaS platform. Geolocation Data is general location inferred from your IP address. Audio, Electronic, Visual Information may be collected if you communicate with us via phone, video call, or otherwise provide such information (e.g., in customer support interactions). We may also derive Inferences from the above information to create a profile reflecting your preferences, characteristics, and behavior related to our services. Finally, we collect Other Information You Choose to Provide, which is any other information you voluntarily give us through forms, surveys, support tickets, or direct communications.

How We Collect Information

We collect information directly from you when you register for an account, subscribe to our services, fill out forms on our website, contact our sales or support teams, participate in surveys, or communicate with us directly. We also collect information automatically through our websites and SaaS platform. As you navigate and interact with our websites and services, we use cookies, web beacons, pixels, and similar tracking technologies to collect usage data, device information, and Browse patterns. This helps us analyze trends, administer the site, track users’ movements, and gather demographic information. Additionally, we may receive information from third-party service providers that assist us with billing, customer support, marketing, or analytics, subject to their privacy policies.

How We Use Your Information

We use the personal information we collect (as a controller) for various business and commercial purposes. These include providing and maintaining our services, such as creating, managing, and maintaining your EARPware account, providing access to and functionality of our SaaS and marketing products, processing payments, managing billing inquiries, delivering customer support and technical assistance, and managing our contractual obligations with our direct clients. We also use your information to improve and develop products by monitoring and analyzing usage, trends, and activities to enhance the functionality, performance, and user experience of our services, troubleshooting and debugging issues, and developing new new features. For communication and marketing, we may send you important account-related notices, updates, security alerts, administrative messages, newsletters, promotional offers, and personalize your experience. You can opt out of marketing communications at any time. Your information is also used for security and fraud prevention, including detecting, investigating, and preventing fraudulent transactions, unauthorized access, and protecting our rights, property, and safety. We use it for legal compliance, to meet our legal and regulatory obligations and respond to lawful requests. Finally, we may use Aggregated and Anonymized Data to create statistics, insights, or for research, as this data cannot reasonably identify you.

How We Share Your Information

We may share the personal information we collect in several circumstances. We share with Third-Party Service Providers (Sub-processors) such as cloud hosting providers (e.g., utilizing services like Google and others for our operations), payment processors, customer support platforms, email communication services, analytics providers, and marketing and advertising partners. These providers are contractually obligated to protect your personal information and use it only for the purposes we specify. For data processed on behalf of our Clients via the services we provide, our Clients are the data controllers and have access to their end-users' data; we process this data according to their instructions. We may disclose your information for Legal Reasons if required

by law or in the good faith belief that such action is necessary to comply with legal obligations, protect our rights, prevent

wrongdoing, or protect public safety. In the event of Business Transfers (like a merger or acquisition), personal information may be disclosed or transferred as part of the transaction. EARPware LLC does not sell personal information in exchange for monetary compensation. While some data sharing for advertising or analytics purposes may be considered "sharing" under California law, we do not engage in activities typically understood as "selling" personal information.

Data Security

We implement reasonable technical and organizational measures designed to protect your personal information from unauthorized access, use, alteration, and disclosure. These measures include encryption, access controls,

secure coding practices, regular security assessments, and employee training. We utilize robust platforms which employ industry-standard security measures, including those provided by underlying infrastructure like Google.

However, please be aware that no method of transmission over the Internet or method of electronic storage is 100% secure. While we strive to

use commercially acceptable means to protect your personal information, we cannot guarantee its absolute security.

Data Retention

We retain personal information for as long as necessary to fulfill the purposes for which it was collected, including

for the provision of services, to comply with our legal obligations, resolve disputes, and enforce our agreements. The specific retention period will depend on the type of data and the context of its use. For data processed on behalf of our clients, retention is generally governed by our agreements with those clients.

Your Privacy Rights

Depending on your jurisdiction and applicable data protection laws, you may have various rights regarding your personal information. These include the Right to Access a copy of your personal information, the Right to Rectification/Correction of inaccurate data, the Right to Erasure ("Right to be Forgotten") subject to exceptions, the Right to Restriction of Processing, the Right to Data Portability, and the Right to Object to Processing where we rely on legitimate interests. You can also Opt-Out of Marketing communications. California Residents have specific rights under CCPA/CPRA, including the Right to Know what personal information we collect and how it's used, the Right to Delete their personal information (with exceptions), the Right to Opt-Out of Sale or Sharing (if applicable), and the Right to Non-Discrimination for exercising these rights.

To exercise any of these rights, please contact us at privacy@earpware.com or call our office at 800-385-1755. We will respond to your request within the timeframes required by applicable law and may need to verify your identity before processing your request.

International Data Transfers

EARPware LLC is based in the United States. Your personal information may be transferred to, stored in, and processed in

the United States and other countries where our service providers operate. These countries may have data protection laws that are different from the laws of your country.

For transfers of personal information from the European Economic Area (EEA) and the UK, we rely on legally approved mechanisms, such as Standard Contractual Clauses (SCCs), to ensure an adequate level of data protection.

Children's Privacy

Our services are not directed to individuals under the age of 13. We do

not knowingly collect personal information from children without appropriate parental or guardian consent. If you are a parent or guardian and believe that your child has provided us with personal information, please contact us at privacy@earpware.com, and we will take steps to delete such information from our systems.

Changes to This Privacy Policy

We may update this Privacy Policy from time to time to reflect changes in our practices, technology, legal requirements, or other factors.

We will notify you of any material

changes by posting the new Privacy Policy on this page and updating the "Effective Date" at the top. We encourage you to review this Privacy Policy periodically for any changes.

Your continued use of our services after the effective date of the revised Privacy Policy constitutes your acceptance of the terms.

Contact Us:

If you have any questions about this Privacy Policy, our privacy practices, or if you wish to exercise your rights, please contact us at:

EARPware LLC
324 Nicholas Pkwy West, Suite E
Cape Coral, Florida 33991
Email: privacy@earpware.com
Phone: 800-385-1755