PRIVACY POLICY
At Lucid Hearing Holding Company, LLC (“Lucid Hearing”), we are committed to respecting and protecting the privacy of our customers and all individuals who interact with us. We prioritize the security of your personal data and uphold rigorous standards to safeguard it. The information we collect is used exclusively to provide and enhance the services we offer, as well as to improve the quality of our products. We do not use your data for any purposes other than those that directly benefit our customers and improve their experience with our company. This Privacy Policy explains Lucid Hearing’s privacy practices for websites owned or managed by Lucid Hearing and/or its subsidiaries located at lucidhearing.com, westoneaudio.com, etymotic.com, and americahears.com (together with its pages and features, “Site”); mobile software applications (together with its pages and features, “App”); and the hearing aid fitting and customer relationship management system (“Fitting System”) utilized at our hearing centers, predominantly located within Sam’s Club locations, by providing you and any person helping you visit, access, register with or use the Site, the App, and/or Fitting System (collectively, “you” or “your”) with an overview of the following:
This Privacy Policy may also refer to the privacy practices for certain pages or features within the Site and/or the App wherein Lucid Hearing may offer certain health or healthcare-related products or services.
This Privacy Policy applies to information collected through the Site, the App, and/or the Fitting system. Carefully read this Privacy Policy in its entirety.
When you create, register or log into an account through the Site or the App, you are automatically accepting and agreeing to the most-recent version of this Privacy Policy, as well as the Site’s and the App’s Terms and Conditions.
Similarly, by visiting, accessing or using the Site or the App, you are automatically accepting and agreeing to the most-recent version of this Privacy Policy, as well as the Site’s and the App’s Terms and Conditions, and your continuing visit, access or use of the Site or the App reaffirms your acceptance and agreement in each instance.
As used herein, the term “personal information” means information that would allow someone to specifically identify you or contact you physically or online (e.g., your name, physical address, telephone number, email address); and the term “non-personal information” means any information other than personal information that Lucid Hearing may collect from you.
1. Categories of Information Collected.
Lucid Hearing may collect personal and non-personal information about you through the Site, the App, and/or the Fitting System.
a. Categories of Information Collected Through the Site, the App, and/or the Fitting System. The categories of personal and non-personal information collected from you through the Site, the App, and/or the Fitting System might include your:
Name (first, last and/or middle) and unique identifiers (e.g., username);
Login information for the Site and/or the App (e.g., username, password, security questions and answers);
Home contact information (e.g., mailing address, email address, telephone number, fax number);
Gender;
Date of birth;
Electronic signature;
Photographic or video image to the extent provided by you to Lucid Hearing or to Sam’s Club (which may be further subject to the Notice of Privacy Practices);
Medical history, including the results of any questionnaires, audiograms, tests, surveys, history of medical devices and/or products purchased, information requests, interviews, or other documentary, text, video, or audio interactions related to the provision of our products and/or services (which may be further subject to the Notice of Privacy Practices);
Billing, payment or shipping information (e.g., payor or payee name, checking account number, credit card number, expiration date, verification code, accountholder name, cardholder name, billing address, mailing address, tax ID number, billing history);
Business contact information (e.g., company, title, mailing address, email address, telephone number, facsimile number, tax ID number);
Computer, mobile device, browser information (e.g., IP address, mobile device ID information, operating system, connection speed, bandwidth, browser type, referring/existing web pages, web page requests, cookie information, hardware attributes, software attributes), and/or usage activity concerning your interactions with the Site and the App;
Transactional information (e.g., offers, orders, pricing, payments, purchaser, seller, item information, shipping terms, comments, ratings, feedback and instant messages and/or other communications made within or through the Site and/or the App);
Information about third parties that you refer to Lucid Hearing (e.g., name, email and/or other contact information, relationship);
Information set forth in the Site’s and/or the App’s online account registration, subscriber profile, and/or subscriber directory forms completed by you; and/or
Statements or content (e.g., comments, test results, videos, photographs, images), and information about such statements or content, which you submit, create, or publish on or through the Site and/or the App, or which are accessed via your public or linked social media pages (e.g., LinkedIn, Facebook, etc.).
b. Categories of Other Information Collected From Your Mobile Device. If you use your mobile device to visit, access or use the Site or the App, then additional categories of personal and non-personal information collected from you through the Site and/or the App might include:
Your name associated with your mobile device;
Your telephone number associated with your mobile device;
Your geolocation; and/or
Your mobile device ID information.
2. How Information Is Collected.
Lucid Hearing might collect personal and non-personal information from you when you visit, access or use the Site, the App, and/or a hearing aid center through the Fitting System; when you register with or subscribe to the Site and/or the App; when you register for or subscribe to the products and/or services of Lucid Hearing online through the Site and/or the App; when you register for or subscribe to the products and/or services of Lucid Hearing; when you “sign in,” “log in,” or the like to the Site and/or the App; when you allow the Site and/or the App to access, upload, download, import or export content found on or through, or to otherwise interact with, your computer or mobile device (or any other device you may use to visit, access or use the Site and/or the App) or online accounts with third-party websites, networks, platforms, servers or applications (e.g., your online social media accounts, your cloud drives and servers, your mobile device service provider); or whenever Lucid Hearing asks you for such information, such as, for example, when you process a payment through the Site and/or the App, or when you answer an online survey or questionnaire or take tests on through the Site and/or the App.
In addition, if you or a third party sends Lucid Hearing a comment, message or other communication (such as, by way of example only, email, letter, fax, phone call, or voice message) about you or your activities on or through the Site and/or the App, then Lucid Hearing may collect any personal or non-personal information provided therein or therewith.
Finally, Lucid Hearing might use various tracking, data aggregation and/or data analysis technologies, including, for example, the following:
Cookies, which are small data files (e.g., text files) stored on the browser or device you use to view a website or message. They may help store user preferences and activity, and may allow a website to recognize a particular browser or device. There are several types of cookies, including, for example, browser cookies, session cookies, and persistent cookies. Cookies may record information you access on one page of a website to simplify subsequent interaction with that website, or to help streamline your transactions on related pages of that website. Most major browsers are set up so that they will initially accept cookies, but you might be able to adjust your browser’s or device’s preferences to issue you an alert when a cookie is downloaded, or to block, reject, disable, delete or manage the use of some or all cookies on your browser or device.
For further information about cookies, visit www.allaboutcookies.org.
Web beacons, which are pieces of code embedded in a website or email to monitor your activity on the website or your opening of the email, and which can pass along information such as the IP address of the computer or device you use to view the website or open the email, the URL page on which the web beacon is located, the type of browser that was used to access the website, and previously set cookie values. Web beacons are sometimes used to collect advertising data, such as counting page views, promotion views or advertising responses. Disabling your computer’s, device’s or browser’s cookies may prevent some web beacons from tracking or recording certain information about your activities.
Scripts, which are pieces of code embedded in a website to define how the website behaves in response to certain key or click requests sent by the user. Scripts are sometimes used to collect information about the user’s interactions with the website, such as the links the user clicks on. Scripts are often times temporarily downloaded to the user’s computer or device from the website server, active only while the user is connected to the Site and/or the App, and deactivated or deleted when the user disconnects from the website.
Analytic tools and services, which are sometimes offered by third parties, and which track, measure and/or generate information about a website’s or program’s traffic, sales, audience and similar information, and which may be used for various reasons, such as, for example, statistical research, marketing research, and content ratings research, and conversion tracking.
Please be advised that if you choose to block, reject, disable, delete or change the management settings for any or all of the aforementioned technologies and/or other tracking, data aggregation and data analysis technologies, then certain areas of the Site and/or the App might not function properly.
By visiting, accessing or using the Site and/or the App, you acknowledge and agree in each instance that you are giving Lucid Hearing permission to monitor or otherwise track your activities on the Site and/or the App, and that Lucid Hearing may use the aforementioned technologies and/or other tracking, data aggregation and data analysis technologies.
3. Use of Information Collected.
Lucid Hearing may use the personal and/or non-personal information it collects from you through the Site, App, and/or hearing aid centers through the Fitting System in a variety of ways, such as, for example, to:
fulfill your requests;
process your payments;
facilitate your movement through the Site and/or the App;
facilitate your use of the Site, the App and/or their respective products and/or services;
send you communications like, for example, administrative emails, answers to your questions and updates about the Site and/or the App;
Provide you with information about Lucid Hearing, and/or its businesses, products and services by letter, email, text, telephone or other forms of communication;
improve the Site, the App and/or their respective content, features and/or services;
improve the products, services, marketing and/or promotional efforts of Lucid Hearing or its business partners, including Sam’s Club;
create new products, services, marketing and/or promotions for Lucid Hearing or its business partners, including Sam’s Club;
market the businesses, products and/or services of Lucid Hearing or its business partners, including Sam’s Club;
help personalize user experiences with the Site, the App and/or their respective products and/or services;
analyze traffic to and through the Site and/or the App;
analyze user behavior and activity on or through the Site and/or the App;
conduct research and development activities for purposes of product and service research and development, advertising claim substantiation, market research, and other activities related to Lucid Hearing, the Site, the App and/or their respective products and/or services;
protect or enforce Lucid Hearing’s rights and properties; and/or
protect or enforce the rights and properties of others (which may include you).
Lucid Hearing reserves the right to use your personal and non-personal information when:
Required by applicable law, court order or other governmental authority (including, without limitation and by way of example only, in response to a subpoena or other legal process); or
Lucid Hearing believes in good faith that such use is otherwise necessary or advisable (including, without limitation and by way of example only, to investigate, prevent, or take legal action against someone who may be causing injury to, interfering with, or threatening the rights, obligations or properties of Lucid Hearing, a user of the Site, which may include you, a user of the App, which may include you, or anyone else who may be harmed by such activities, or to further Lucid Hearing’s legitimate business interests).
4. Sharing of Information Collected.
Lucid Hearing reserves the right to share your personal information with Lucid Hearing’s employees, agents, administrators, accountants, financial advisors and legal advisors; with Sam’s Club; with the employed or contracted doctors, nurses and other providers, who might also provide you with health- or healthcare-related products and/or services; with other vendors that may fill your product orders; and with those third parties who help manage, administer, distribute and/or operate the Site, the App, and/or their respective products, services platforms, support services companies, credit card or other payment processing companies), as needed in order for them to perform such services.
In certain cases, Lucid Hearing may be required to disclose personal information to investigate, prevent, or take action concerning: (1) legal requests; (2) the enforcement of our Terms and Conditions; (3) the protection of our rights, property, or personal safety or the rights, property, or personal safety of our users and the public; (4) our exercise of legal rights; and (5) any other disclosure required by law.
Lucid Hearing does not limit the ways in which it may use or share non-personal information because non-personal information does not identify you. For example, Lucid Hearing may freely share non-personal information with its affiliates, suppliers and representatives, as well as with other individuals, businesses, and government entities.
You may choose to share certain information and/or follow other users on the Site and/or the App. You may choose to share your contact information with other users or provide it publicly.
5. Data Retention.
Lucid Hearing may retain your personal information and non-personal information for as long as it believes necessary; as long as necessary to comply with its legal obligations, resolve disputes and/or enforce its agreements; and/or as long as needed to provide you with the products and/or services of the Site, the App, and/or Lucid Hearing. For example, Lucid Hearing will retain (a) information regarding the products ordered by customers for a minimum of seven years after your last interaction with us and (b) the results of your hearing exams for a minimum of seven years after your last interaction with us or as otherwise required by applicable law.
Lucid Hearing may dispose of or delete any such personal information or non-personal information at any time, except as set forth in any other agreement or document executed by Lucid or as required by law.
6. Transactions.
In connection with any transaction that you conduct through the Site and/or the App (e.g., the purchase or sale of any products on or through the Site and/or the App), you may be asked to supply certain information relevant to the transaction, including, without limitation, your credit card number and expiration date, your billing address, your shipping address, your phone number and/or your email address. By submitting such information, you grant Lucid Hearing without charge the irrevocable, unencumbered, universe-wide and perpetual right to provide such information to third parties (e.g., payment processing companies, shipping companies, buyers on the Site and/or the App, sellers on the Site and/or the App) for the purpose of facilitating the transaction.
The vast majority of credit card, debit card and other monetary transactions on or through the Site and/or the App occur through an online payment processing application(s) accessible through the Site and/or the App. This online payment processing application(s) is provided by Lucid Hearing’s third-party online payment processing vendors, which include WooCommerce, PayPal, and Authorize.Net. Additional information about WooCommerce, PayPal, and Authorize.Net, their privacy policies and their information security measures (collectively, the “Online Payment Processor Privacy Policies”) should be available on their websites located at Privacy Policy | WP Engine®; PayPal Privacy Statement; and Visa Privacy Center | Visa; or by contacting them directly. Reference is made to the Online Payment Process Privacy Policies for informational purposes only and they are in no way incorporated into or made a part of this Privacy Policy. Lucid Hearing’s relationships with payment processors if any, are merely contractual in nature, as they are nothing more than a third-party vendor to Lucid Hearing, and are in no way subject to Lucid Hearing’s direction or control; thus, their relationship is not, and should not be construed as, one of fiduciaries, franchisors-franchisees, agents-principals, employers-employees, partners, joint venturers or the like.
7. Third Party Applications and Networks.
The Site, the App, and/or any communications sent through or as a function of the Site and/or the App may contain links to third-party websites, networks, platforms, servers and/or applications. To the fullest extent permitted by law, Lucid Hearing is not responsible for, and you hereby release Lucid Hearing from any and all liability which may arise from, such third-party websites, networks, platforms, servers and applications (including, without limitation, the privacy policies and practices of such third-party websites, networks, platforms, servers, and applications).
You may have the opportunity to access the Site and/or the App using your online user accounts with certain third-party websites, networks, platforms, servers or applications, which may be subject to separate privacy policies pertaining to those third-party websites, networks, platforms, servers or applications. Lucid Hearing may also collect information from those third-party websites, networks, platforms, servers or applications (such as, for example, your name, gender, date of birth and personal interests, when you “like” or click links provided by or through those third-party websites, networks, platforms, servers, or applications and other information available through your online account or page with those third-party websites, networks, platforms, servers or applications). It is your responsibility to carefully read, accept and comply with the relevant terms of use, waivers, and privacy policies associated with those third-party websites, networks, platforms, servers and applications.
8. Security.
Lucid Hearing implements security measures to help protect the personal information it collects through the Site and the App. To the extent applicable, Lucid Hearing may also encrypt the transmission of information through the Site by using secure socket layer (SSL) technology.
Regardless of the foregoing, as a consumer you should be aware that any activity anywhere on the internet or through an app comes with risk. Therefore, your access and use of the Site and/or the App, and your opening of any communications sent through or as a function of the Site and/or the App, are done at your own risk.
To help maintain the security of your personal information, Lucid Hearing asks that you please notify it immediately of any unauthorized visit, access or use of the Site and/or the App, or the loss or unauthorized use of your user access information for the Site and/or the App (e.g., username or password).
9. Retention, Review, and Change of Information Collected.
You may request at any time that Lucid Hearing provide you with an opportunity to review and change your personal information collected through the Site, the App, and/or at hearing center locations through the Fitting System or to no longer use your personal information to provide you with any products or services. Please submit any such request (“Request Concerning Personal Information”) to any one of the following:
By mail: Lucid Hearing, c/o Legal Department, 14301 FAA Blvd., Suite 105, Fort Worth, TX 76155 with a subject line of “Your Personal Information.”
By email: privacyinquiries@lucidhearing.com, with a subject line of “Your Personal Information.”
For each Request Concerning Personal Information, please state “Your Personal Information” in the email or letter subject line, and clearly state the following in the body:
d.whether you prefer to receive a response to your request by mail or email.
If you send a Request Concerning Personal Information by mail, then please do so by U.S. Certified Mail, Return Receipt Requested to allow for confirmation of mailing, delivery and tracking. Lucid Hearing will not accept a Request Concerning Personal Information via telephone or facsimile. Lucid Hearing is not responsible for any Request Concerning Personal Information that is incomplete, incorrectly labeled, or incorrectly sent.
You are solely responsible for the accuracy and content of your personal information, and for keeping your personal information current and correct.
10. Your Privacy Rights.
You can exercise your privacy rights in accordance with applicable law by contacting us at privacyinquiries@lucidhearing.com. You have multiple privacy rights, subject to applicable law, with respect to the personal information we process about you.
Notwithstanding the above, please note that we may still need to retain personal information necessary to provide you with products or services you have purchased or as otherwise permitted by applicable law.
11. California privacy rights
If you are a California resident, you may request that we:
You can exercise your California privacy rights in accordance with applicable law through our webform. You may also contact us at privacyinquiries@lucidhearing.com or by calling us toll-free at (800) 785-6052.
We will respond to your request consistent with applicable law. If you are an authorized agent making an access or deletion request on behalf of a Californian resident, please reach out to us via the inquiry form and indicate that you are an authorized agent. We will provide you with instructions on how to submit a request as an authorized agent on behalf of a Californian resident.
12. A Special Note About Minors.
The Site is a general audience website intended for use by adults. Neither the Site nor the App is designed or intended to attract, and is not directed to, children under eighteen (18) years of age, let alone children under thirteen (13) years of age. Lucid Hearing does not collect personal information through the Site or the App from any person it actually knows to be under thirteen (13) years of age. If Lucid Hearing obtains actual knowledge that it has collected personal information through the Site or the App from a person under thirteen (13) years of age, then it will use reasonable efforts to refrain from further using such personal information or maintaining it in retrievable form.
Furthermore, if you are under eighteen (18) years of age, then you (or your parent or legal guardian) may at any time request that Lucid Hearing remove content or information about you that is posted on the Site or the App. Please submit any such request (“Request for Removal of Minor Information”) to any one of the following:
By mail: Lucid Hearing, c/o Legal Department, 14301 FAA Blvd., Suite 105, Fort Worth, TX 76155, with a subject line of “Removal of Minor Information.”
By email: privacyinquries@lucidhearing.com, with a subject line of “Removal of Minor Information.”
Please note that the aforementioned removal does not ensure complete or comprehensive removal of such content or information posted on the Site and/or the App.
Also, please note that Lucid Hearing is not required to erase or otherwise eliminate, or to enable erasure or elimination of, such content or information in certain circumstances, such as, for example, when an international, federal, state, or local law, rule or regulation requires Lucid Hearing to maintain the content or information; when the content or information is stored on or posted to the Site by a third party other than you (including any content or information posted by you that was stored, republished or reposted by the third party); when Lucid Hearing anonymizes the content or information, so that you cannot be individually identified; when you do not follow the aforementioned instructions for requesting the removal of the content or information; and when you have received compensation or other consideration for providing the content or information.
The foregoing is a description of Lucid Hearing’s voluntary practices concerning the collection of personal information through the Site from certain minors, and is not intended to be an admission that Lucid Hearing is subject to the Children’s Online Privacy Protection Act, the Federal Trade Commission’s Children’s Online Privacy Protection Rule(s), or any similar international, federal, state, or local laws, rules, or regulations.
13. Users outside the United States.
We are headquartered in the United States of America. Personal information may thus be accessed by us or transferred to us in the United States. By providing us with personal information, you consent to the storage or processing of your personal information in the United States and acknowledge that the personal information will be subject to the laws of the United States, including the ability of governments, courts or law enforcement or regulatory agencies of the United States to obtain disclosure of your personal information.
We will protect the privacy and security of personal information according to this Privacy Policy, regardless of where it is processed or stored.
14. Modifications of this Privacy Policy.
Lucid Hearing may supplement, amend, or otherwise modify this Privacy Policy at any time without notice to you. Such supplements, amendments and other modifications will be posted on this or a similar page of the Site and the App, and shall be deemed effective as of their stated effective or modification dates. It is your responsibility to carefully review this Privacy Policy each time you visit, access or use the Site or the App.
Again, by visiting, accessing or using the Site and/or the App, you are automatically accepting and agreeing to the most-recent version of this Privacy Policy, as well as the most-recent version of the Site’s and the App’s Terms and Conditions, and your continuing visit, access or use of the Site and/or the App reaffirms your acceptance and agreement in each instance.
15. Mergers, Acquisitions, and Other Business Transactions.
Lucid Hearing may decide to sell, buy, merge, or otherwise reorganize its business. If that occurs, you will be notified via email or a prominent notice on our website of any ownership change and any changes in the use of your personal information. These types of transactions may involve the disclosure of personal information to prospective or actual purchasers, or receiving it from sellers. We seek appropriate protection for personal information in these types of transactions.
16. Severability.
If any term or condition of this Privacy Policy is deemed invalid or unenforceable by a court of law with binding authority, then the remaining terms and conditions shall not be affected, and the court shall reform the invalidated or unenforceable term or condition to the maximum extent permitted under the law and consistent with the intent of this Privacy Policy.
17. Contact Us.
Please direct any questions you may have about this Privacy Policy, the Site or the App to any one of the following:
By mail: Lucid Hearing, c/o Legal Department, 14301 FAA Blvd., Suite 105, Fort Worth, TX 76155, with a subject line of “Privacy Policy.”
By email: privacyinquiries@lucidhearing.com, with a subject line of “Privacy Policy.”
The foregoing contact information may change from time-to-time by supplementation, amendment, or modification of this Privacy Policy.
18. Modification Date.
This Privacy Policy was last modified on October 1, 2024.
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