Visiting any of our websites and/or using any our Services or continuing to subscribe to our marketing channels constitutes consent to use your information as outlined in this privacy notice. You, the user, are responsible for contacting us to revoke consent if you no longer wish for us to use your data. However, visiting any of our websites and/or using our Services after such a request to revoke consent will constitute a new instance of consent until you should re-new your request to revoke your consent.
What is Personally Identifiable Information (PII)?
Personally Identifiable Information is information relating to an identified or identifiable natural person. An identifiable natural person is one who can be identified, directly or indirectly, by reference to an identifier such as a name, an identification number, location data, an online identifier, or to one or more factors specific to the physical, physiological, genetic, mental, economic, cultural or social identity of that natural person.
We do not consider personal information to include information that has been anonymized or aggregated so that it can no longer be used to identify a specific natural person, whether in combination with other information or otherwise.
We collect personal information from you when you use our Services.
What personal information do we collect from the people that visit our blog, website, or app?
When ordering or registering on our site, as appropriate, you may be asked to enter your name, email address, mailing address, phone number, credit card information or other details to help you with your experience. You will be given the opportunity to opt-in to any marketing that would require further retention or usage of your information.
When do we collect information?
We collect information from you when you register on our site, place an order, subscribe to a newsletter, enter a contest, respond to a survey, provide us with feedback on our products or Services, fill out a form, open a Support Ticket, or enter information on our site.
Our websites are general audience websites and not intended for children. We do not knowingly collect personal information from users deemed to be children under their respective national laws.
How do we use your information?
We may use the information we collect from you when you register, make a purchase, sign up for our newsletter, respond to a survey or marketing communication, surf the website, or use certain other site features in the following ways:
To personalize your experience and to allow us to deliver the type of content and product offering in which you are most interested.
To improve our website and Services in order to better serve you.
To administer a contest, promotion, survey, or other site feature.
To quickly process your transactions.
For the purpose of fulfilling orders with our order fulfillment partner
To send periodic emails regarding your order or other products and Services.
To follow up with you after correspondence (live chat, email or phone inquiries)
How do we protect your information?
Our website is scanned on a regular basis for security holes and known vulnerabilities in order to make your visit to our site as safe as possible.
We use regular Malware Scanning.
Your personal information is contained behind secured networks and is only accessible by a limited number of persons who have special access rights to such systems, and are required to keep the information confidential. In addition, all sensitive/credit information you supply is encrypted via Secure Socket Layer (SSL) technology.
We implement a variety of security measures when a user places an order, enters, submits, or accesses its information to maintain the safety of the user’s personal information.
All transactions are processed through a gateway provider and are not stored or processed on our servers.
Do we use 'cookies'?
Help remember and process the items in the shopping cart.
Understand and save user's preferences for future visits.
Keep track of advertisements.
Compile aggregate data about site traffic and site interactions in order to offer better site experiences and tools in the future. We may also use trusted third-party Services that track this information on our behalf.
You can choose to have your computer warn you each time a cookie is being sent, or you can choose to turn off all cookies. You do this through your browser settings. Since every browser is a little different, look at your browser's Help Menu to learn the correct way to modify your cookies.
If you turn cookies off it will turn off some of the features of the site.
We have a legitimate interest in using your personal information. In particular, we have a legitimate interest in the following circumstances:
To operate our business and provide you with tailored advertising and communications.
To develop and promote our business via our websites, social media, and Services.
To analyze and improve the safety and security of our websites and Services.
To provide and improve the Services, including any personalized customer service.
To analyze the effectiveness of our marketing campaigns.
To market directly to individuals in ways that are compliant with this agreement.
However, non-personally identifiable visitor information may be provided to other parties for marketing, advertising, or other uses in an aggregate form.
Occasionally, at our discretion, we may include or offer third-party products or services on our website. This Privacy Notice addresses only our use and handling of personal information that we collect from you in connection with providing you our products and Services. If you disclose your information to a third party or visit a third-party website via a link from our websites, the third party’s privacy notices and practices will apply to any personal information you provide to them or they collect from you.
We cannot guarantee the privacy or security of your personal information once you provide it to a third party, and we encourage you to evaluate the privacy and security policies of your trading partner before entering into a transaction and choosing to share your personal information. Nonetheless, we seek to protect the integrity of our site and welcome any feedback about these sites.
Third-Party Tools & Services and Onward Transfers:
EarthQuaker Devices LLC does not plan to disclose personally identifiably information to any third-party. However, you may be disclosing your information to third-parties when using our websites and other Services. As such, EarthQuaker Devices LLC is not responsible for the privacy practices of these other websites, apps and services, and we recommend that you review the privacy policies of each of these websites, apps or services before visiting our websites, using our Services or sharing any personally identifiable information. Visitation or use of our websites and Services constitutes acceptance of this agreement and constitutes your agreement to hold EarthQuaker Devices LLC and its affiliates harmless from the privacy practices of our third-party tools. Such transfers would only be self-actuated by an individual visiting or using our websites, Services, subscriptions and/or social media channels. As such, the GDPR provision regarding liability for the actions of agent processors does not apply, as EarthQuaker Devices LLC is not transferring your Personally Identifiable Information to third-parties in these self-actuated instances. The act of an individual visiting or using our websites, Services, subscriptions and/or social media channels constitutes acknowledgement that that they are responsible for the data that they are transferring to third-parties. EarthQuaker Devices LLC is liable in actual cases of onward transfers where a third party organization processes or transfers data in a manner not consistent with the Privacy Shield Principles. See below for a comprehensive list of third-party tools and Services:
Google's advertising requirements can be summed up by Google's Advertising Principles. They are put in place to provide a positive experience for users. https://support.google.com/adwordspolicy/answer/1316548?hl=en
We use Google AdSense Advertising on our website.
We have implemented the following:
Remarketing with Google AdSense
We, along with third-party vendors such as Google use first-party cookies (such as the Google Analytics cookies) and third-party cookies (such as the DoubleClick cookie) or other third-party identifiers together to compile data regarding user interactions with ad impressions and other ad service functions as they relate to our website.
Opting out of Google advertisements and analytics:
Users can set preferences for how Google advertises to you using the Google Ad Settings page. Alternatively, you can opt out by visiting the Network Advertising Initiative Opt Out page or by using the Google Analytics Opt out Browser add on.
QR Code Generator
Storepoint Store Locator
We use Storepoint Locator as a convenient means of providing the locations of our dealers relative to a geographical location.
Bill & Pay
We use Avalara to manage sales tax calculations, tax liabilities and tax exemption certificates.
Salesforce Lightning Sales Cloud, Knowledge, Digital Engagement, Salesforce Inbox, Einstein and Lightning Service Cloud
In compliance with the Privacy Shield Principles, EarthQuaker Devices LLC commits to resolve complaints about our collection or use of your personal information. EarthQuaker Devices European Union and/or Swiss individuals with inquiries or complaints regarding our Privacy Shield policy should first contact EarthQuaker Devices LLC at:
Attn: Joshua Kolenc
350 West Bowery Street
Akron, OH 44307
United States of America
EarthQuaker Devices LLC has further committed to cooperate with panel established by the Data Protection Authorities (DPAs) and the Swiss Federal Data Protection and Information Commissioner (FDPIC) and comply with the advice given by such authorities with regard to unresolved Privacy Shield complaints concerning data transferred from the EU and Switzerland. If you do not receive timely acknowledgment of your complaint from us, or if we have not resolved your complaint, it is within your rights to contact the Data Protection panel in your country.
Under certain conditions, an individual has the possibility to invoke binding arbitration for complaints regarding Privacy Shield compliance not resolved by any of the other Privacy Shield mechanisms. Please reference the following link for more information: https://www.privacyshield.gov/article?id=ANNEX-I-introduction
The Federal Trade Commission has jurisdiction over EarthQuaker Devices LLC’s compliance with the Privacy Shield.
Your right to file complaints with a data protection supervisory authority remains unaffected.
A list of businesses that have certified to be in compliance with Privacy Shield can be found at: https://www.privacyshield.gov/list
Right of Access and Portability
You have the right to gain access to the PII data, and the right of rectification, disabling, deletion and transference of your personal data. If you have any questions concerning the collection, processing or use of your personal data, please contact us at Info@EarthQuakerDevices.com. The same is valid for information, deletion and change requests regarding your personal data as well as for revocation of given consent.
California Online Privacy Protection Act
You can request disclosure, change or erasure of your personal information:
By emailing us at: Info@EarthQuakerDevices.com
By calling us at: 330-252-9220
According to CalOPPA, we agree to the following:
Users can visit our site anonymously.
How does our site handle Do Not Track signals?
We honor Do Not Track signals and Do Not Track, plant cookies, or use advertising when a Do Not Track (DNT) browser mechanism is in place.
Does our site allow third-party behavioral tracking?
It's also important to note that we allow third-party behavioral tracking via the self-actuated third party tools listed in the “Third-Party Tools & Services and Onward Transfers” section of this policy.
COPPA (Children Online Privacy Protection Act)
When it comes to the collection of personal information from children under the age of 13 years old, the Children's Online Privacy Protection Act (COPPA) puts parents in control. The Federal Trade Commission, United States' consumer protection agency, enforces the COPPA Rule, which spells out what operators of websites and online services must do to protect children's privacy and safety online.
We do not specifically market to children under the age of 13 years old.
Fair Information Practices
The Fair Information Practices Principles form the backbone of privacy law in the United States and the concepts they include have played a significant role in the development of data protection laws around the globe. Understanding the Fair Information Practice Principles and how they should be implemented is critical to comply with the various privacy laws that protect personal information.
In order to be in line with Fair Information Practices we will take the following responsive action, should a data breach occur:
We will notify you via email within 7 business days of discovery.
We also agree to the Individual Redress Principle which requires that individuals have the right to legally pursue enforceable rights against data collectors and processors who fail to adhere to the law. This principle requires not only that individuals have enforceable rights against data users, but also that individuals have recourse to courts or government agencies to investigate and/or prosecute non-compliance by data processors.
The CAN-SPAM Act is a law that sets the rules for commercial email, establishes requirements for commercial messages, gives recipients the right to have emails stopped from being sent to them, and spells out tough penalties for violations.
We collect your email address in order to:
Send information, respond to inquiries, and/or other requests or questions
Process orders and to send information and updates pertaining to orders.
Send you additional information related to your product and/or service (when you opt in)
Market to our mailing list or continue to send emails to our clients after the original transaction has occurred.
To be in accordance with CAN-SPAM, we agree to the following:
Not use false or misleading subjects or email addresses.
Identify the message as an advertisement in some reasonable way.
Include the physical address of our business or site headquarters.
Monitor third-party email marketing services for compliance, if one is used.
Honor opt-out/unsubscribe requests quickly.
Allow users to unsubscribe by using the link at the bottom of each email.
If at any time you would like to unsubscribe from receiving future emails, you can email us at firstname.lastname@example.org
You can also follow the instructions at the bottom of each email, and we will promptly remove you from ALL correspondence.
350 West Bowery St
Akron, Ohio 44307
United States of America