(Last Updated: July 2016)
Theater Ears, LLC
20423 State Rd. 7 F18
Boca Raton, FL 33498
Information We Collect and How We Collect It
You Provide Your Information to Us
When you register with or otherwise use our Services, you may give us Your Information directly. For instance, when you register with our Services, you will provide us with your name, mailing address, telephone number, email address and other information that may help us improve our Services. Further, we may charge fees for all or part of our Services. To the extent that we charge any such fees, then you may provide us with certain financial information (such as credit card or bank account numbers) in connection with a Transaction.
Information that You Generate Using Our Communications Features
Our Services may allow you to communicate or share information with Theater Ears as well as other Theater Ears users. For instance, you may post public comments or send private messages. You expressly acknowledge and agree that we may access in real-time, record and store archives of these communications and comments on Theater Ears’ servers to make use of them in connection with our Services.
Third Parties Provide Your Information to Us
We May Collect Your Information Using Technology
When you use our Services, we and service providers acting on our behalf may use technology to collect information about you, including your geographic location, IP address, browser type, ISP, referral and exit pages, clickstream data and information related to your device, such as hardware models and IDs, device type, operating system version, installed software, language preference, taps and interests, the request type, the content of your request and basic usage information about your use of our Services, such as date and time. We may also collect and store (i) information locally on your device using mechanisms, such as browser web storage and application data caches; and (ii) usage statistics which will allow us to verify if content was accessed by your account and to what extent that content was used.
We and service providers acting on our behalf may collect such information through a variety of technical methods, including sending cookies, web beacons, pixel tags and other anonymous identifiers to your device. “Cookies” are pieces of data stored on our computer, mobile phone or other device. A “web beacon” is a type of technology that lets us know if you visited a certain page or whether you opened an email. A “pixel tag” is a type of technology placed within a website or email for the purpose of tracking activity, which is often used in combination with cookies. Other “anonymous identifiers” are random strings of characters used for the same purposes as cookies, such as with mobile devices where cookie technology is not available. These technologies help us know that you are logged in to your Theater Ears account, provide you with features based on your preferences, understand when you are interacting with our Services, and compile other information regarding your use of our Services.
We may create a unique device or user ID for you so we can recognize you. In some cases, we can automatically detect or infer your location using GPS, your IP address, watermarks or Bluetooth, but often your operating system will require you to grant us permission to access your GPS or Bluetooth settings; please refer to your device’s system settings regarding location services. Please note that, to use the Theater Ears application, your location must be verifiable by Theater Ears through GPS or location services. If you opt-out of such GPS or location services, you will not be able to use the Theater Ears application.
Furthermore, you authorize us to access the native applications of your cell phone, tablet or other device for the purposes including audio identification, photo and image capture, and automatic screen brightening and dimming, and automatic muting of such device.
From time to time, we may participate in or use advertising networks, such as third-party advertising servers, advertising agencies, technology vendors and research firms. We may use these third-party advertising networks for marketing, advertising and promotional purposes, as well as to serve advertisements to you. Advertising networks often gather data about consumers who view advertisements to make inferences about a consumer’s interests and preferences, which enables such networks to deliver advertisements directly targeted to the consumer’s specific interests. This practice is often referred to as “online behavioral advertising.” For example, a third-party advertising network might collect the type of Internet browser you use, the type of computer operating system you use, the domain name of a website you visit, whether or not you visit specific pages of a website, the location of your Internet service provider’s presence, the date and time of a visit to a website and other interactions between you and a website. Please see the Online Behavioral Advertising subsection of the Choices About How We Use and Collect Your Information section below to read about how you can prevent certain third-party advertising networks from collecting information about you.
Some content or applications, including advertisements, on our Services may be served by third-parties, including advertisers, ad networks and servers, content providers and application providers. These third parties may collect information about you when you use our Services. We do not control these third parties’ tracking technologies or how they may be used. If you have any questions about an advertisement or other targeted content, you should contact the responsible provider directly.
How We Use Your Information
We may use Your Information for various lawful business purposes. Among others, these purposes may include using Your Information to:
§ Provide our Services to you. For example, we might confirm and complete Transactions requested by you, verify information that you provide to us and provide you with administrative notices.
§ Contact you and provide you with information. For example, we might contact you through telephone, email, postal, notifications, text messages or other communications to provide you with Service updates, advertisements or promotional materials, surveys, offers, quotes, personalized information and other information from us or our business partners.
§ Analyze, improve and manage our Services and operations. For example, we might obtain feedback regarding our Services to understand and anticipate your needs and preferences, better understand your use of our Services, customize and tailor Service content and advertising, improve our marketing and promotional efforts, engage in statistical analysis and provide feedback or information to our business partners, vendors, advertisers and other third parties.
How We Disclose Your Information
We may disclose Your Information:
§ To any person who, in our reasonable judgment, is authorized to receive Your Information as your agent, including as a result of your business dealings with that person (for example, your attorney);
§ To our third-party vendors so that they may provide support for our internal and business operations (“Our Vendors”), including for data processing, data verification, data storage, surveys, research, internal marketing, delivery of promotional and marketing materials and our Services’ maintenance and security;
§ To fulfill the purpose for which you provide it;
§ For any other purpose disclosed by us when you provide Your Information to us;
§ With your consent;
§ To third parties that are interested in contacting you or providing offers to you that may be related to our Services or to products or services that you may find of interest;
§ As required by law or ordered by a court, regulatory or administrative agency;
§ As we deem necessary, in our sole discretion, if we believe that you are violating any applicable law, rule or regulation, or are otherwise interfering with another’s rights or property, including our rights or property;
§ If requested by authorities in the event of any act or instance of local, regional, national or international emergency;
§ To enforce or protect our rights;
§ In connection with a business transfer (as described in the section titled Business Transfers below); and
§ To our affiliated companies (for example, companies under common control or management with us).
Please note that the list above is not exhaustive and that we may, in our sole discretion, share, loan, rent, sell or otherwise disclose information we collect from you to third parties at any time, for any lawful purpose, without notice or compensation to you.
Aggregation and De-Personalization
We may take Your Information and de-identify it either by combining it with information about other individuals (aggregating Your Information with information about other individuals), or by removing characteristics (such as your name) that make Your Information personally identifiable to you (de-identifying Your Information). We reserve the right to share, loan, rent, sell or otherwise disclose such information to third parties at any time, for any lawful purpose, without notice or compensation to you.
Circumvention of Security Measures
Please be aware that methods of transmission and electronic storage are not completely secure. We cannot guarantee the privacy or security of Your Information or any voice or data transmissions, as third parties may unlawfully intercept or access transmissions or electronic storage. Further, we are not responsible for circumvention of any privacy settings or security measures of our Services. Therefore, you use our Services at your own risk, you should not expect, that Your Information or voice or data transmissions will always remain private, and we do not guarantee the performance or adequacy of our privacy settings or security measures. In the event that an unauthorized third party compromises our security measures, we will not be responsible for any damages, directly or indirectly, caused by an unauthorized third party’s ability to view, use or disseminate Your Information.
You may provide information (including messages and other content) to be published, posted, submitted, transmitted, or displayed (collectively, “posted”) on or through our Services to Theater Ears users or other third parties (collectively, “User Contributions”). Your User Contributions are posted on our Services at your own risk. We cannot control the actions of other users of our Services with whom you may choose to share your User Contributions. Therefore, we cannot and do not guarantee that your User Contributions will not be viewed by unauthorized persons.
Choices About How We Use and Disclose Your Information
We strive to provide you with choices regarding Your Information that you provide to us. Below are some mechanisms that provide you with control over certain information:
· Communications. If you do not wish to receive notifications, text messages, alerts, posts, notices, emails or other communications from us, you can opt-out of receiving such communications from us (other than service-related communications, such as those communications related to the completion of your registration, correction of user data, change of password and other similar communications essential to your transactions on or through our Services) through your account settings or, to the extent applicable, by using the unsubscribe process at the bottom of such communication or by emailing us at email@example.com. Please be aware that it can take up to 30 business days to remove you from our marketing lists. If you opt-out from receiving our marketing communications, you may continue to receive service-related communications, such as communications that are essential to your transactions on or through our Services.
· Accessing and Correcting Personal Information. If a portion of our Services allows you to create an account with us, then you can review and update some of Your Information by logging into that portion of our Services, visiting your account profile page and making changes.
· Online Behavioral Advertising. Certain third-party advertising networks that deliver behavioral advertising are members of the Network Advertising Initiative (“NAI”). You can prevent NAI member companies from collecting preference data about you by visiting http://www.networkadvertising.org/choices/ and following the NAI’s directions. Note that if you opt-out through the NAI, you will still receive advertising. In addition, if you opt-out through the NAI and later delete your cookies, use a different browser or buy a new computer, you will need to renew your opt-out choice.
Your Information that You Disclose to Third Parties
Our Services may contain advertisements from third-party advertising servers, advertising agencies, technology vendors, research firms and other service providers, which are companies other than Theater Ears that may link to their own websites, online services or mobile applications. We are not responsible for the content, privacy policies and other practices of such third parties. Any information that you disclose to third parties will be subject to the privacy policies and practices of such third parties. You should review the privacy policies and practices of such third parties prior to disclosing information to them. If you have any questions about how these third parties use your information, you should review their policies and contact them directly.
Operations of Our Services in the United States
Our Services are operated in the United States. Your Information may be transferred to, and stored at, a destination within or outside the United States. Your Information may also be processed by us or our third-party vendors in the country where it was collected as well as other countries (including the United States) where laws regarding processing of Your Information may be less stringent than the laws in your country.
We do not knowingly collect personally identifiable information from children under 13. If we learn that we have inadvertently gathered personal information from a child under 13, we will take reasonable measures to promptly remove that information from our records.
Changing Your Information
To the extent required by applicable law, you may request that we inform you about Your Information that we maintain, and where appropriate, request that we update, correct or suppress Your Information that we maintain in our active database. We will make all required updates and changes within the time specified by applicable law, and where permitted under applicable law, may charge an appropriate fee to cover the costs of responding to such request. Please remember, if you make such a request, we may not be able to provide you with the same quality and variety of products and services to which you are accustomed. Please direct your requests to the address listed above under the section titled Introduction above.
Your California Rights Policy
Individuals who are residents of California and have provided Your Information to us may request certain information regarding our disclosure of Your Information to third parties for direct marketing purposes. Such requests must be submitted to us at firstname.lastname@example.org or in writing at:
Theater Ears, LLC
20423 State Rd. 7 F18
Boca Raton, FL 33498
California privacy rights requests must include the reference “Request for California Privacy Information” on the subject line and in the body of the message and must include the email address or mailing address, as applicable, for us to send our response. This request may be made no more than once per calendar year. We reserve the right not to respond to requests submitted other than to the address specified above.