- You means the individual accessing or using the Services, or the company, or other legal entity on behalf of which such individual is accessing or using the Services, as applicable.
- Company (referred to as either “the Company”, “We”, “Us” or “Our” in this Agreement) refers to Capitol Hearing LLC d/b/a Overhearing.com.
- Affiliate means an entity that controls, is controlled by or is under common control with a party, where “control” means ownership of 50% or more of the shares, equity interest or other securities entitled to vote for election of directors or other managing authority.
- Website refers to the Overhearing website, accessible from www.overhearing.com.
- Device means any personal computer, browser, laptop, tablet, mobile phone or other device used to access the Services.
- Service Provider means any natural or legal person who processes the data on behalf of the Company. It refers to third-party companies or individuals employed by the Company to facilitate the Services, to provide the Services on behalf of the Company, to perform services related to the Services or to assist the Company in analyzing how the Services are used.
- Personal Data means any information that identifies, relates to, describes or is capable of being associated with, or could reasonably be linked, directly or indirectly, with You.
- Sale means selling, renting, releasing, disclosing, disseminating, making available, transferring, or otherwise communicating orally, in writing, or by electronic or other means, a Consumer’s Personal information to another business or a third party for monetary or other valuable consideration.
- WHAT PERSONAL INFORMATION DO WE COLLECT?
We collect information You provide directly to us, for example, when you create an account, make a purchase, leave a product review, fill out a form or survey, participate in a contest or promotion, communicate with us via third-party social media sites, request customer support or otherwise communicate with us or engage in interactive features of the Website or other Services. The types of Personal Information we may collect include your name, email address, postal address, phone number, credit card information and any other information you choose to provide. We have collected the following categories of Personal Data within the past twelve (12) months and will continue to collect such Personal Data in the future:
- Identifiers. We receive and store information you provide to us, by entering it into forms on the Website, when using the Services, or that you otherwise provide to the Company (“Identifiers”). Examples of Identifiers include your name, alias, postal address, unique personal identifier, online identifier, Internet Protocol address, email address, account name, driver's license number, or other similar identifiers.
- Commercial Information. We collect and store information obtained by your interactions with us and our Affiliates regarding products or services that you have purchased from us and our Affiliates as well as products or services that you have expressed interest in, requested information regarding, or for which you have requested a free trial (“Commercial Information”). We collect Commercial Information directly from you as well as automatically based on your interactions with us.
- Usage Information. In addition to any information that you choose to submit to us via our Services, we and our third-party service providers may use a variety of technologies that automatically (or passively) store or collect certain information whenever you visit or interact with our Services (“Usage Information”). This Usage Information may be stored or accessed using a variety of technologies that may be downloaded to your Device whenever you visit or interact with our Services. To the extent we associate Usage Information with your Personal Data we collect directly from you through our Services, we will treat it as Personal Data. This Usage Information may include:
- your IP address, UDID or other unique identifier (“Device Identifier”) (a Device Identifier is a number that is automatically assigned to your Device used to access our Services, and our computers identify your Device by its Device Identifier);
- your Device functionality (including browser, operating system, hardware, mobile network information);
- the URL that referred you to our Website or Services;
- the areas within our Services that you visit and your activities there, including remembering you and your preferences;
- your Device location;
- your Device characteristics; and
- certain other Device data, including the time of day, among other information.
- Tracking Technologies. We may use various methods and technologies to store or collect Usage Information (“Tracking Technologies”). Tracking Technologies may set, change, alter or modify settings or configurations on your Device. A few of the Tracking Technologies include, without limitation, the following (and subsequent technology and methods later developed):
- Cookies. A cookie is a data file placed on a Device when it is used to visit our Services.
- Web Beacons. Small graphic images or other web programming code called web beacons (also known as “1×1 GIFs” or “clear GIFs”) may be included in our Website’s pages and messages. Web beacons may be invisible to you, but any electronic image or other web programming code inserted into a page or e-mail can act as a web beacon. Web beacons or similar technologies may be used for a number of purposes, including, without limitation, to count visitors to our Services, to monitor how users navigate our Services, to count how many e-mails that were sent were actually opened or to count how many particular articles or links were actually viewed.
- Embedded Scripts. An embedded script is programming code that is designed to collect information about your interactions with our Services, such as the links you click on. The code is temporarily downloaded onto your Device from our web server or a third-party service provider, is active only while you are connected to our Services and is deactivated or deleted thereafter.
- Browser Fingerprinting. Collection and analysis of information from your Device, such as, without limitation, your operating system, plug-ins, system fonts and other data, for purposes of identification.
- ETag, or Entity Tag. A feature of the cache in browsers. It is an opaque identifier assigned by a web server to a specific version of a resource found at a URL. If the resource content at that URL ever changes, a new and different ETag is assigned. Used in this manner ETags are a form of Device Identifier. ETag tracking may generate unique tracking values even where the consumer blocks HTTP, and/or HTML5 cookies.
- Recognition Technologies. Technologies, including application of statistical probability to data sets, which attempt to recognize or make assumptions about users and devices (e.g., that a user of multiple devices in the same user).
- HOW DO WE USE YOUR INFORMATION?
We use Identifiers, Commercial Information, Usage Information (including information obtained by using Tracking Technologies), and other Personal Data that we collect for the following purposes:
- Responding to Your requests, providing the Services to You, delivering more personalized Services to You by customizing the Services to Your preferences, communicating with You, and carrying out our obligations and enforcing our rights arising from any contracts entered into with You, including for billing and collections;
- Carrying out processing necessary to comply with professional, legal and regulatory obligations that apply to our business as well as operational reasons, such as improving efficiency, training and quality control;
- Improving Our Software and Services, including the content and performance of our Services, as well as developing new products and services;
- Using Identifiers and Commercial Information for providing communications including specialized mailings, invitations to in-person events and web-casts, as well as to inform you of products and services that you may buy from the Company or our Affiliates. It is your choice whether to receive such mailings, emails or calls. Please contact us at firstname.lastname@example.org if you are receiving information or content you do not wish to receive. The Company uses reasonable efforts to enable all users to opt out of all emails within the email itself in accordance with the CAN-SPAM Act and other regulations.
- Preventing and detecting fraudulent activity and unauthorized access to the Services, improving security in connection with the Services and ensuring the confidentiality of Personal Data and commercially sensitive information.
- HOW WE SHARE PERSONAL INFORMATION WITH THIRD PARTIES?
Within the past twelve (12) months we have shared with certain third parties the following categories of information that we collect from you, including all categories of Personal Data unless otherwise noted, and will continue to share such Personal Data in the future as follows:
- We share information with service providers who assist us in our business operations, including payment processors, and cloud providers. While this many include all categories of Personal Data, we only provide each service provider with the Personal Data necessary to perform the functions for which they have been retained. We also require these third party service providers to maintain the privacy and security of all Personal Data they process on our behalf.
- We may also share information where required by law or to satisfy any applicable law, regulation, subpoena, government request, or other legal process.
- We may also disclose Personal Data when necessary to protect this Website, our Services, or the life, safety or property of others. This includes exchanging information with third parties such as law enforcement or regulatory bodies, and other companies and organizations for fraud protection and credit risk reduction.
- We share Identifiers and Commercial Information with our Affiliates for marketing and other business purposes.
- We may share Personal Data with any subsequent owner in the event of a merger, consolidation, sale of our assets, or other change in our business, including during the course of any due diligence process.
- HOW DO WE PROTECT THE SECURITY OF YOUR INFORMATION?
We have appropriate security measures in place to prevent Personal Data from being accidentally lost or used or accessed in an unauthorized way. We limit access to your Personal Data to those who have a genuine business need to access it. Third parties processing your information on our behalf are required to do so only in an authorized manner and are subject to a duty of confidentiality. We also have procedures in place to deal with any suspected data security breach. We will notify you and any applicable regulator of a suspected data security breach where we are legally required to do so. While these measures help ensure your data is safe and secure, please be aware no service over the Internet or wireless networks is completely secure against hacks, intrusions, attacks, or other unauthorized access. We cannot guarantee such events will not occur, so please take care in deciding what information you provide to us.
We do not sell products or services to children and do not intend our Services to be used by anyone under the age of 18. If you are under 18, you may not use our Services without the involvement of a parent or guardian. In accordance with the Child Online Privacy Protection Act, in the event that we learn that we have collected personal information from a child under age thirteen (13) without verification of parental consent, we will delete that information as quickly as possible. If you believe that we might have any Personal Data from or about a minor, please contact us at email@example.com.
- OTHER WEBSITES
- ACCESSING AND CORRECTING YOUR INFORMATION
You are responsible for maintaining the accuracy of the information you submit to us, such as your contact information. You can change or update your Personal Data by visiting logging into your Overhearing account.
You may also send us an e-mail at firstname.lastname@example.org to request access to, correct or delete any Personal Data that you have provided to us. If you have an account to use the Services, we cannot delete your Personal Data except by also deleting your user account, which would prevent your further use of the Services. We may not accommodate a request to change information if we believe the change would violate any law or legal requirement or cause the information to be incorrect.
- YOUR RIGHTS UNDER THE CCPA
If you are a resident of California, or another state that has enacted a similar privacy law, You may have the following additional rights under the law.
- The right to disclosure. You have the right to know the categories of Personal Data that we have collected about you within the last twelve months, the sources from which that data is collected, the purposes for which the Personal Data is and has been used, the categories of third parties with whom we share Personal Data, if any, and the specific pieces of Personal Data that we have collected about You. Please note that we are not required to: retain any Personal Data that was collected for a single one-time transaction if it is not retained in the ordinary course of business, reidentify or otherwise link any data that, in the ordinary course of business, is not maintained in a manner that would be considered Personal Data or provide you with a copy of your Personal Data more than twice in a 12-month period. We cannot respond to your request or provide you with Personal Data if we cannot verify your identity or authority to make the request and confirm the Personal Data relates to you.
- The right to access / the right to request. You have the right to request and obtain from the Company information regarding the disclosure of Your Personal Data that has been collected in the past 12 months by the Company or its subsidiaries to a third-party for the third party’s business purposes.
- The right to say no to the sale of Personal Data. You have the right to ask the Company not to sell Your Personal Data to third parties.
- The right to delete Personal Data. You have the right, subject to certain exceptions, to request the deletion of Your Personal Data that has been collected in the past 12 months and have us direct any service provider we use to similarly delete such Personal Data. However, if you have an account to use the Services, we cannot delete your Personal Data without also deleting your account, which would prevent you from continuing to use the Services.
The right not to be discriminated against. You have the right not to be discriminated against for exercising any of Your Consumer’s rights, including by:
- Denying goods or services to You
- Charging different prices or rates for goods or services, including the use of discounts or other benefits or imposing penalties
- Providing a different level or quality of goods or services to You
- Suggesting that You will receive a different price or rate for goods or services or a different level or quality of goods or services.
- EXERCISING YOUR CCPA DATA PROTECTION RIGHTS
In order to exercise any of Your rights under the CCPA or a comparable law in another state, and if you are a resident of California or another state that has enacted a comparable privacy law, You can email us at email@example.com. We do not sell your Personal Data so there is no need to opt out of any such sale. The Company will disclose and deliver the required information free of charge within 45 days of receiving Your verifiable request. The time period to provide the required information may be extended once by an additional 45 days when reasonably necessary and with prior notice. We cannot respond to your request or provide you with Personal Data if we cannot verify your identity or authority to make the request and confirm the Personal Data relates to you.
- “DO NOT TRACK” POLICY
Do Not Track is a technology that enables users to opt out of tracking by websites they do not visit. Currently, our Service does not monitor and we do not take any action with respect to Do Not Track technology.
- Contact Information