Last Revised: May 2021
This Privacy Notice applies to your access and use of the website https://www.miracle-ear.com. Miracle-Ear services, including (without limitation) our website and other interactive properties through which the services are delivered (collectively, the “Service”) are owned, operated, and distributed by Miracle-Ear, Inc. (referred to in this Privacy Notice as “Miracle-Ear” or “we” and through similar words such as “us,” “our,” etc.). This Privacy Notice outlines the personal information that Miracle-Ear may collect, how Miracle-Ear uses and safeguards that information, and with whom we may share it.
THIS SERVICE IS OFFERED FROM THE UNITED STATES (“US”). IN PARTICULAR, IT IS NOT INTENDED FOR USE IN THE EUROPEAN UNION (“EU”). For individuals located outside of the US, please note that Miracle-Ear is a US based company. If you use the Service, all information, including personal information, will be transferred to Miracle-Ear in the U.S., and as described in this Notice.
Miracle-Ear encourages our customers, visitors, business associates, and other interested parties to read this Privacy Notice, which applies to all users. By using our Service or submitting personal information to Miracle-Ear by any other means, you acknowledge that you understand and agree to be bound by this Privacy Notice, and agree that Miracle-Ear may collect, process, transfer, use, and disclose your personal information as described in this Notice. Further, by accessing any part of the Service, you are agreeing to THE TERMS AND CONDITIONS OF OUR TERMS OF SERVICE (the “Terms of Service”). IF YOU DO NOT AGREE WITH ANY PART OF THIS PRIVACY NOTICE OR OUR TERMS OF SERVICE, PLEASE DO NOT USE ANY OF THE SERVICES.
As part of engaging with the Service, you may engage with the Service in a manner regulated by the Health Insurance Portability and Accountability Act (“HIPAA”). This Privacy Notice is not intended for compliance with HIPAA, nor should you take such notice as a reflection of your rights under HIPAA. If you are a patient viewing this Privacy Notice, please contact your provider for information regarding your medical records and/or HIPAA privacy disclosures, or you may review our HIPAA Notice of Privacy Practices.
Personal information (also commonly known as personally identifiable information (PII) or personal data) is information that can be used to identify you, or any other individual to whom the information may relate.
The personal information that we collect directly from those engaging with the Service includes the following categories:
We may invite you to post content on the Service, including your comments, testimonials, and any other information that you would like to be available on the Service, which may become public (“User Generated Content”). If you post User Generated Content, all of the information that you post will be available to authorized personnel of Miracle-Ear. You expressly acknowledge and agree that we may access in real-time, record and store archives of any User Generated Content on our servers to make use of them in connection with the Service. If you submit a review, recommendation, endorsement, or other User Generated Content through the Service, or through other websites including Facebook, Instagram, Google, Yelp, and other similar channels, we may share that review, recommendation, endorsement, or content publicly on the Service.
When providing personal information to Miracle-Ear as described in this Privacy Notice, that personal information is primarily collected directly from you. Miracle-Ear can also collect personal information about you from third party social networking services, publicly accessible sources, Miracle-Ear subsidiaries or affiliates, or third-party service providers and other partners. The information provided by you and the information collected from other sources can be combined as your personal information.
Subject to the terms of this Privacy Notice, Miracle-Ear uses the above-described categories of personal information in several ways. Unless otherwise stated specifically, the above information may be used for any of the following purposes:
We may provide any of the described categories of personal information to Miracle-Ear employees, consultants, affiliates or other businesses or persons for the purpose of processing such information on our behalf in order to provide the Service to you. In such circumstances, we require that these parties agree to protect the confidentiality of such information consistent with the terms of this Privacy Notice.
We may disclose information to third parties in accordance with this Privacy Notice. The third parties we may disclose your information to include:
We will not share your personal information with other, third-party companies for their commercial or marketing use (except as may be described in this Privacy Notice) without your consent except if the information is to be used as part of a specific program or feature for which you have the ability to opt-in or opt-out.
In addition, we may release personal information: (i) to the extent we have a good-faith belief that such action is necessary to comply with any applicable law; (ii) to enforce any provision of the Terms of Service , protect ourselves against any liability, defend ourselves against any claims, protect the rights, property and personal safety of any user, or protect the public welfare; (iii) when disclosure is required to maintain the security and integrity of the Service, or to protect any user’s security or the security of other persons, consistent with applicable laws (iv) to respond to a court order, subpoena, search warrant, or other legal process, to the extent permitted and as restricted by law; or (v) in the event that we go through a business transition, such as a merger, divestiture, acquisition, liquidation or sale of all or a portion of our assets.
Miracle-Ear will retain your personal information only for as long as is necessary for the purposes set out in this Privacy Notice. To determine the appropriate retention period for your personal information, we will consider the amount, nature, and sensitivity of the personal information, the potential risk of harm from unauthorized use or disclosure of your personal information, the purposes for which we use your personal information and whether we can achieve those purposes through other means, and the applicable legal requirements.
Miracle-Ear will also retain usage data for internal analysis purposes. Usage data is generally retained for a shorter period of time, except when this data is used to strengthen the security or to improve the functionality of the Service, or we are legally obligated to retain this data for longer periods.
You can make changes to your information, access your information, or delete your information. To do so, please contact the Compliance Department via telephone at (800) 234-9314 or (763) 268-4103 or via email at firstname.lastname@example.org.
You have the right to opt out of email communications from Miracle-Ear. Each email incudes opt-out instructions that you can use to stop receiving these communications, or you can contact the Compliance Department directly. Requests made through the opt-out instructions may take up to 10 days to process.
Miracle-Ear sends autodialed marketing text messages to devices that have opted into receiving them. Opting into text messages is not a condition of purchase. If you would like stop receiving text messages from Miracle-Ear, you can respond to any of our text messages with ‘STOP’ or contact the Compliance Department directly. Requests to opt out of text messages made through text message are effective immediately upon receipt. Standard message and data rates may apply.
When you use our Service, we may record unique identifiers associated with your device (such as the device ID and IP address), your activity within the Service, and your network location. Miracle-Ear uses aggregated information (such as anonymous user usage information, cookies, IP addresses, browser type, clickstream information, etc.) to improve the quality and design of the Service and to create new features, promotions, functionality, and services by storing, tracking, and analyzing user preferences and trends. Specifically, we may automatically collect the following information about your use of the Service through cookies, web beacons, and other technologies:
We may also collect information regarding application-level events, such as crashes, and associate that temporarily with your account to provide customer service. In some circumstances, we may combine this information with personal information collected from you (and third-party service providers may do so on behalf of us).
At this time, we do not respond to “Do Not Track” signals sent from Web browsers or other mechanisms that provide users the ability to exercise choice regarding the collection of personally identifiable information about a user’s online activities over time and across third party internet services.
Opting out from one or more companies listed on the DAA Consumer Choice Page or the NAI Consumer Opt-Out Page will remove you from those companies’ delivery of interest-based content or ads to you, but it does not mean you will no longer receive any advertising through the Site or on other third party websites. Even if you opt-out from one or more companies listed on the DAA Consumer Choice Page or the NAI Consumer Opt-Out Page, you may continue to receive advertisements, for example, based on the particular website that you are viewing (i.e., contextually based ads). Also, if your browsers are configured to reject cookies when you opt-out on the DAA or NAI websites, your opt-out action may not be effective. Additional information is available on the DAA’s website at www.aboutads.info or the NAI’s website at.
For individuals located outside the US, in particular in Switzerland, the United Kingdom and the European Economic Area (EEA), please note that Miracle-Ear is a US based company. Miracle-Ear does not market to or solicit customers from outside the US, therefore, users of the Service should not expect to avail themselves of the rights provided under the EU’s General Data Protection Regulation (“GDPR”). If you use the Service, all information, including personal information, will be transferred to Miracle-Ear in the US. By using the Service, you unambiguously consent to the transfer of your personal information and other information to the US and elsewhere for the purposes and uses described in this Privacy Notice. Further, you acknowledge that Miracle-Ear is not subject to the GDPR or similar international privacy laws, and, therefore, you will be unable to claim the privacy rights provided in those laws.
If you are a California resident, California law may provide you with certain rights with regard to your personal information under the California Consumer Privacy Act (“CCPA”). Throughout this Privacy Notice you will find information required by CCPA regarding the categories of personal information collected from you, the purposes for which we use personal information, and the categories of third parties your data may be shared with. This information is current as of the date of this Privacy Notice and is applicable in the 12 months preceding the effective date of this Privacy Notice.
As a California resident, the CCPA provides you the ability to make inquiries regarding to your personal information. Specifically, the degree to which the information is not already provided in this Privacy Notice, you have the right to request disclosure about the collection and use of your personal information over the past 12 months, including:
Please note that you may only make the above requests twice in a 12-month period. You also have the right to request that any of your personal information collected and retained be deleted, subject to certain exceptions. Finally, you have the right to not receive discriminatory treatment by Miracle-Ear or any business for exercising any of the rights provided under CCPA.
You may submit a request regarding your rights under CCPA by submitting a request through the following form or by contacting us at one of the following: email@example.com, Toll Free Hotline: 1-800-234-9314.
If we receive a CCPA request from you, we will first make a determination regarding the applicability of the law, and we will then take steps to verify your identity prior to responding. The steps to verify your identity may vary based on our relationship with you, but, at a minimum, it will take the form of confirming and matching the information submitted in the request with information already held by Miracle-Ear and/or contacting you through previously used channels to confirm that you submitted the request (i.e. confirming identity through contact information that we have on file, not the contact information submitted to make the request).
Your rights as stated here can also be exercised by an authorized agent on your behalf. Miracle-Ear will follow the standards set by the Attorney General of California regarding designation of an authorized agent to exercise rights under CCPA. You may review information available from the Attorney General regarding how an individual can be designated as an authorized agent under CCPA.
In addition to CCPA, Section 1798.83 of the California Civil Code permits California residents to request from a business, with whom the California resident has an established business relationship, certain information about the types of personal information the business has shared with third parties for those third parties’ direct marketing purposes and the names and addresses of the third parties with whom the business has shared such information during the immediately preceding calendar year. You can make one request each year by emailing us at firstname.lastname@example.org.
We employ industry-standard security measures designed to protect the security of all information submitted through the Service. However, the security of information transmitted through the internet or via a mobile device can never be guaranteed. We are not responsible for any interception or interruption of any communications through the internet or for changes to or losses of data.
Users of the Service are responsible for maintaining the security of any password, user ID or other form of authentication involved in obtaining access to password protected or secure areas of the Service. In order to protect you and your information, we may suspend your use of any of the Service, without notice, pending an investigation, if any breach of security is suspected.
The Service may contain links to other websites maintained by third parties. Please be aware that we exercise no control over linked sites and Miracle-Ear is not responsible for the privacy practices or the content of such sites. Each linked site maintains its own independent privacy and data collection policies and procedures, and you are encouraged to view the privacy policies of these other sites before providing any personal information.
You hereby acknowledge and agree that Miracle-Ear is not responsible for the privacy practices, data collection policies and procedures, or the content of such third-party sites, and you hereby release Miracle-Ear from any and all claims arising out of or related to the privacy practices, data collection policies and procedures, and/or the content of such third-party sites.
The Service is not intended for children under the age of 13, and Miracle-Ear does not knowingly collect the personal information of children under the age of 13.
Miracle-Ear reserves the right to modify this Privacy Notice from time to time in order to ensure that it accurately reflects the regulatory environment and our data collection principles. When material changes are made to this Privacy Notice, Miracle-Ear will post the revised Privacy Notice on our website. This Privacy Notice was last modified as of May 15, 2021.
If you have any questions or comments about this Privacy Notice or the Service provided by Miracle-Ear, please contact us at:
Attn: Compliance Officer
150 South 5th Street, Suite 2300
Minneapolis, MN 55402
Telephone: (800) 234-9314 or (763) 268-4103