The Types of Information that We Collect
Two types of information are collected from visitors of our website: personally identifiable and non-personally identifiable information.
If you purchase our products or services, we request certain personally identifiable information from you on our order form. This includes contact information such as your name, email address, and shipping address, as well as financial information such as a credit card number and its expiration date. We use the personally identifiable information that we collect for billing purposes and to fill your orders. If we have trouble processing an order, we also will use this information to contact you. Note that we do not store any financial data, including debit/credit card details.
If you contact us by email through our website, we may keep a record of your contact information and correspondence. In any event, we reserve the right to use your email address and any other personally identifiable information that you provide to us to respond to you and to send you marketing materials for our own products and services. We will not share your information with outside parties who wish to market other products and services to you.
If at any time you would like to change your personally identifiable information, or if you no longer wish to receive materials from us or would like your personal information removed from our database, please contact us at contact@Earsmile.com.com. Alternatively, if you receive materials from us by email you can make use of the “unsubscribe” provision in our communications so that we know that you no longer wish to receive any materials from us.
Our website may incorporate “pixel tags”, “cookies” or similar tracking technologies that allow us to track the actions of visitors of our website. Pixel tags and cookies are used to collect non- personally identifiable information, such as the name of your internet service provider, the IP address of the computer you are using, the type of browser software and operating system that you use, the date and time you access our website, the website address, if any, from which you linked directly to our website, the website address, if any, to which you travel from our website, your home page customization preferences and other similar traffic-related information. We may aggregate your information with similar data collected from other visitors to help us improve our website and the products, services, applications, content and features that we provide through our website. We do not use non-personally identifiable information in any way to create or maintain a personal profile of you or collect personally identifiable information from you.
What we do with the information we collect about you
Generally, we will not disclose the personally identifiable information that we collect through your use of our website to unaffiliated third parties. We reserve the right, however, to provide such information to our employees, contractors, agents, and designees to the extent necessary to enable them to perform certain services for us, including order fulfillment and website- related services such as web hosting, to improve website-related services and features, to perform maintenance services, and to distribute advertisements and other marketing materials on our behalf. We also reserve the right to disclose any personally identifiable information that we collect to any third party if we believe that we are required to do so for any or all of the following reasons:
1. to comply with the law;
2. to comply with legal processes or governmental requests;
3. to prevent, investigate, detect, or prosecute criminal offenses or attacks on the technical integrity of our website or our network; and/or
4. to protect the rights, property, safety and security of Earsmile.com and its employees, our website visitors, and/or the public.
Our website is only offered to those of age 18 and over. We do not knowingly solicit or collect information from anyone below 18 years of age. Whenever children use their computers, parents should supervise their activities.
Protection of Information
Our physical, electronic, and procedural safeguards meet or exceed current federal standards regarding the protection of customer information. We also require contractors and outside companies who work with us to adhere to strict privacy standards through their contracts with us. Unfortunately, no security system, or system of transmitting data over the Internet, can be guaranteed to be 100% secure. Consequently, while we use commercially reasonable efforts to protect your personally identifiable information, we cannot guarantee the security of our servers, the means by which information is transmitted between your computer and our servers, or any information provided to us or to any third party through or in connection with the website. Any information that you provide to us is done so entirely at your own risk.
Changes to this Privacy Statement
Privacy Policies of Third Party Websites
Notice of Privacy Practices (especially with respect to HIPAA)
As required by the privacy regulations created as a result of the Health Insurance Portability and Accountability Act of 1996 (HIPAA), this notice describes how health information about may be used and disclosed and how you can get access to your individually identifiable health information.
Please review this notice carefully
A. Our commitment to your privacy:
Earsmile.com is dedicated to maintaining the privacy of your individually identifiable health information (also called protected health information, or PHI). In conducting our business, we may create records regarding you the services we provide to you. We are required by law to maintain the confidentiality of health information that identifies you. We also are required by law to provide you with this notice of our legal duties and the privacy practices that we maintain in our practice concerning your PHI. By federal and state law, we must follow the terms of the Notice of Privacy Practices that we have in effect at the time.
1. Public health risks. Our business may disclose your PHI to public health authorities that are authorized by law to collect information for the purpose of:
• Reporting problems with products or devices.
• Notifying individuals if a product or device they may be using has been recalled.
2. Health oversight activities. Earsmile.com, may disclose your PHI to a health oversight agency for activities authorized by law. Oversight activities can include, for example, investigations, inspections, audits, surveys, licensure and disciplinary actions; civil, administrative and criminal procedures or actions; or other activities necessary for the government to monitor government programs, compliance with civil rights laws and the health care system in general.
3. Lawsuits and similar proceedings. Earsmile.com, may use and disclose your PHI in response to a court or administrative order, if you are involved in a lawsuit or similar proceeding. We also may disclose your PHI in response to a discovery request, subpoena or other lawful process by another party involved in the dispute, but only if we have made an effort to inform you of the request or to obtain an order protecting the information the party has requested.
4. Law enforcement. We may release PHI if asked to do so by a law enforcement official:
• Regarding a crime victim in certain situations, if we are unable to obtain the person’s agreement.
• Concerning a death we believe has resulted from criminal conduct.
• In response to a warrant, summons, court order, subpoena or similar legal process.
• To identify/locate a suspect, material witness, fugitive or missing person.
• In an emergency, to report a crime (including the location or victim(s) of the crime, or the description, identity or location of the perpetrator).
5. Military. Our business may disclose your PHI if you are a member of U.S. or foreign military forces (including veterans) and if required by the appropriate authorities.
6. Workers’ compensation. Our business may release your PHI for workers’ compensation and similar programs.
E. Your rights regarding your PHI:
You have the following rights regarding the PHI that we maintain about you:
1. Confidential communications. You have the right to request that Earsmile.com, communicate with you about your health and related issues in a particular manner or at a certain location. For instance, you may ask that we contact you at home, rather than work. In order to request a type of confidential communication, you must make a written request to Earsmile.com Privacy specifying the requested method of contact, or the location where you wish to be contacted. Earsmile.com, will accommodate reasonable requests. You do not need to give a reason for your request.
2. Requesting restrictions. You have the right to request a restriction in our use or disclosure of your PHI for treatment, payment or health care operations. Additionally, you have the right to request that we restrict our disclosure of your PHI to only certain individuals involved in your care or the payment for your care, such as family members and friends. We are not required to agree to your request; however, if we do agree, we are bound by our agreement except when otherwise required by law, in emergencies or when the information is necessary to treat you. In order to request a restriction in our use or disclosure of your PHI, you must make your request in writing to Earsmile.com Privacy (contact@Earsmile.com.com. Your request must describe in a clear and concise fashion:
• The information you wish restricted,
• Whether you are requesting to limit our business’s use, disclosure or both,
• To whom you want the limits to apply.
3. Inspection and copies. You have the right to inspect and obtain a copy of the PHI that may be used to make decisions about you, including patient medical records and billing records. You must submit your request in writing to Earsmile.com Privacy contact@Earsmile.com.com in order to inspect and/or obtain a copy of your PHI. Earsmile.com may charge a fee for the costs of copying, mailing, labor and supplies associated with your request. Our business may deny your request to inspect and/or copy in certain limited circumstances; however, you may request a review of our denial. Another licensed health care professional chosen by us will conduct reviews.
4. Amendment. You may ask us to amend your health information if you believe it is incorrect or incomplete, and you may request an amendment for as long as the information is kept by or for our practice. To request an amendment, your request must be made in writing and submitted to Earsmile.com Privacy contact@Earsmile.com. You must provide us with a reason that supports your request for amendment. Earsmile.com, will deny your request if you fail to submit your request (and the reason supporting your request) in writing. Also, we may deny your request if you ask us to amend information that is in our opinion: (a) accurate and complete; (b) not part of the PHI kept by or for the business; (c) not part of the PHI which you would be permitted to inspect and copy; or (d) not created by our business, unless the individual or entity that created the information is not available to amend the information.
5. Accounting of disclosures. All of our customers have the right to request an “accounting of disclosures.” An “accounting of disclosures” is a list of certain non-routine disclosures our practice has made of your PHI for purposes not related to treatment, payment or operations. Use of your PHI as part of the routine business practices of our company is not required to be documented – for example, the billing department using your information to file your insurance claim. In order to obtain an accounting of disclosures, you must submit your request in writing to Earsmile.com Privacy contact@Earsmile.com.com. All requests for an “accounting of disclosures” must state a time period, which may not be longer than six (6) years from the date of disclosure and may not include dates before April 14, 2003. The first list you request within a 12-month period is free of charge, but our practice may charge you for additional lists within the same 12-month period. Our practice will notify you of the costs involved with additional requests, and you may withdraw your request before you incur any costs.
6. Right to a paper copy of this notice. You are entitled to receive a paper copy of our notice of privacy practices. You may ask us to give you a copy of this notice at any time. To obtain a paper copy of this notice, contact Earsmile.com Privacy contact@Earsmile.com.com.
7. Right to file a complaint. If you believe your privacy rights have been violated, you may file a complaint with the Secretary of the Department of Health and Human Services. To file a complaint with our practice, contact Earsmile.com Privacy contact@Earsmile.com.com. All complaints must be submitted in writing. You will not be penalized for filing a complaint.
8. Right to provide an authorization for other uses and disclosures. Earsmile.com will obtain your written authorization for uses and disclosures that are not identified by this notice or permitted by applicable law. Any authorization you provide to us regarding the use and disclosure of your PHI may be revoked at any time in writing. After you revoke your authorization, we will no longer use or disclose your PHI for the reasons described in the authorization.