Contact Us

Use the form on the right to contact us.

You can edit the text in this area, and change where the contact form on the right submits to, by entering edit mode using the modes on the bottom right. 

350 West Bowery Street
Akron, OH, 44307
United States

(330) 252-9220

Official website for EarthQuaker Devices. We build guitar effects by hand in the quaint landlocked city of Akron, Ohio.

Privacy Policy

EarthQuaker Devices Privacy Policy

 
 

Effective 05/25/2018

This privacy policy has been compiled to better serve those who are concerned with how their 'Personally Identifiable Information' (PII) is being used online. PII, as described in US privacy law and information security, is information that can be used on its own or with other information to identify, contact, or locate a single person, or to identify an individual in context. Please read our privacy policy carefully to get a clear understanding of how we collect, use, protect or otherwise handle your Personally Identifiable Information in accordance with our website.  This privacy notice applies to www.earthquakerdevices.com, www.asshat.world, www.earthquakerday.com, www.earthquakerdevices.jp, direct email and all company services (collectively "Services") where this privacy notice is referenced, regardless of how you access or use them, including through mobile devices.  We may amend this privacy notice at any time by posting the amended version on this site including the effective date of the amended version. We will announce any material changes to this privacy notice via email.

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.

If you do not agree to any of the provisions of this Privacy Policy, you should not use any of our websites or Services.

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.

Children's Privacy

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.
  • 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'?

Yes. Cookies are small files that a site or its service provider transfers to your computer's hard drive through your Web browser (if you allow) that enables the site's or service provider's systems to recognize your browser and capture and remember certain information. For instance, we use cookies to help us remember and process the items in your shopping cart. Cookies are also used to help us understand your preferences based on previous or current site activity, which enables us to provide you with improved Services. We also use cookies to help us compile aggregate data about site traffic and site interaction so that we can offer better site experiences and tools in the future.

We use cookies to:

  • 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.

Legitimate interests

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.

Third-party disclosure

We do not sell, trade, or otherwise transfer your Personally Identifiable Information to outside parties unless we provide users with advance notice.  These parties will also be disclosed via our privacy policy.  We may also release information when the release is appropriate to comply with the law, enforce our site policies, or protect ours or others' rights, property, safety and cases of National Security and law enforcement requirements.

However, non-personally identifiable visitor information may be provided to other parties for marketing, advertising, or other uses in an aggregate form.

Third-party links

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

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.

Google, as a third-party vendor, uses cookies to serve ads on our site. Google's use of the DART cookie enables it to serve ads to our users based on previous visits to our site and other sites on the Internet. Users may opt-out of the use of the DART cookie by visiting the Google Ad and Content Network privacy policy.

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

We use QR Code Generator to create QR Codes to enhance our marketing and placement campaigns.  Please use the following link to access QR Code Generator’s privacy policy:

https://www.qr-code-generator.com/company/privacy-policy/

Storepoint Store Locator

We use Storepoint Locator as a convenient means of providing the locations of our dealers relative to a geographical location. 

Acuity Scheduling

We use Acuity Scheduling to manage our business interactions and schedule appointments.  Please use the following link to access the privacy policy for Acuity Scheduling:

https://help.acuityscheduling.com/hc/en-us/articles/219149587-Security-Privacy-Compliance

Bill & Pay

We use Bill & Pay to collect and process payment card information.  Please use the following link to access the privacy policy for Bill & Pay:

https://www.billandpay.com/public/docs/bpprivacy.pdf

Stripe

We use Stripe to collect and process payment card information.  Please use the following link to access the privacy policy for Stripe:

https://stripe.com/us/privacy

PayPal

We use PayPal to collect and process payment card information.  Please use the following link to access the privacy policy for PayPal:

https://www.paypal.com/us/webapps/mpp/ua/privacy-full

Intuit

We use Intuit software to manage orders, collect and process payment card information.  Please use the following link to access the privacy policy for Intuit:

https://security.intuit.com/index.php/privacy

Method CRM

We use Method CRM software to manage orders, collect and process payment card information, and manage our customer relations.  Please use the following link to access the privacy policy for Method CRM:

https://www.method.me/legal/privacy-policy/

SlickText

We use SlickText to send texts to our customers that opt to receive marketing and notification via text message.  SlickText is only available to citizens of the United States.  Your standard messaging rates apply, and EarthQuaker Devices is not responsible for any charges that are incurred with your provider as a result of your subscription to our SlickText feed.  Please use the following link to access the privacy policy for SlickText:

https://www.slicktext.com/privacypolicy.php 

MailChimp

MailChimp is an automated marketing platform that we use to stay in contact with people that opt in to our email updates.  Please use the following link to access the privacy policy for MailChimp:

https://mailchimp.com/legal/privacy/

Rebrandly

Rebrandly is a web link shortening service that we use to create shorter and more memorable web links that are more approachable to our customers.  Please use the following link to access the privacy policy for Rebrandly:

https://www.rebrandly.com/privacy-policy

Facebook

We use Facebook as a means of marketing and increasing our level of contact with our customers.  We never provide any Personally Identifiable Information to Facebook, unless we have express permission.  For example, sharing a picture and tagging a contest winner.  Advertisements in Facebook may be a result of Google AdSense, Remarketing and their use of the DART cookies and third party cookies.  Please refer the ‘Google’ section of this notice for further information.  The information collected by Facebook when interacting with or viewing our Facebook profile and your rights for this data are outlined in Facebook’s privacy policy.  Please use the following link to access the privacy policy for Facebook:

https://www.facebook.com/policy.php  

Instagram

We use Instagram as a means of marketing and increasing our level of contact with our customers.  We never provide any Personally Identifiable Information to Instagram, unless we have express permission.  For example, sharing a picture and tagging a contest winner.  Advertisements in Instagram may be a result of Google AdSense, Remarketing and their use of the DART cookies and third party cookies.  Please refer the ‘Google’ section of this notice for further information.  The information collected by Instagram when interacting with or viewing our Instagram profile and your rights for this data are outlined in Instagram’s privacy policy.  Please use the following link to access the privacy policy for Instagram:

https://help.instagram.com/519522125107875?helpref=page_content

Twitter

We use Twitter and Twitter ads as a means of marketing and increasing our level of contact with our customers.  We never provide any Personally Identifiable Information to Twitter, unless we have express permission.  For example, sharing a picture and tagging a contest winner.  Advertisements in Twitter may be a result of Google AdSense, Remarketing and their use of the DART cookies and third party cookies.  Please refer the ‘Google’ section of this notice for further information.  The information collected by Twitter when interacting with or viewing our Twitter feed and your rights for this data are outlined in Twitter’s privacy policy.  Please use the following link to access the privacy policy for Twitter:

https://twitter.com/en/privacy

Snapchat

We use Snapchat as a means of marketing and increasing our level of contact with our customers.  We never provide any Personally Identifiable Information to Snapchat, unless we have express permission.  For example, sharing a picture and tagging a contest winner.  Advertisements in Snapchat may be a result of Google AdSense, Remarketing and their use of the DART cookies and third party cookies.  Please refer the ‘Google’ section of this notice for further information.  The information collected by Snapchat when you are interacting with our account and content and your rights for this data are outlined in Snapchat’s privacy policy.  Please use the following link to access the privacy policy for Snapchat:

https://www.snap.com/en-US/privacy/privacy-policy/ 

YouTube

We use YouTube as a means of marketing, demonstration and increasing our level of contact with our customers.  We never provide any Personally Identifiable Information to YouTube, unless we have express permission.  For example, sharing a video and tagging a contest winner, or instances which fall under public domain and fair use.  Advertisements in YouTube may be a result of Google AdSense, Remarketing and their use of the DART cookies and third party cookies.  Please refer the ‘Google’ section of this notice for further information.  The information collected by YouTube when you are interacting with our account and content and your rights for this data are outlined in YouTube’s privacy policy.  Please use the following link to access the privacy policy for YouTube:

https://www.youtube.com/static?template=privacy_guidelines   

SoundCloud

We use SoundCloud as a means of marketing, demonstration and increasing our level of contact with our customers.  We never provide any Personally Identifiable Information to SoundCloud, unless we have express permission.  For example, sharing an audio recording, or instances which fall under public domain and fair use.  Advertisements in SoundCloud may be a result of Google AdSense, Remarketing and their use of the DART cookies and third party cookies.  Please refer the ‘Google’ section of this notice for further information.  The information collected by SoundCloud when you are interacting with our account and content and your rights for this data are outlined in SoundCloud’s privacy policy.  Please use the following link to access the privacy policy for SoundCloud:

https://pages.soundcloud.com/geo/uk_us_ie/legal/privacy-policy.html

Squarespace

We use Squarespace software as a service-based content management system, integrated website builder, blogging platform, hosting service, commerce platform, source of analytics and domain name registrar.  Please use the following link to access the privacy policy for Acuity Scheduling:

https://www.squarespace.com/privacy-new  

Microsoft Office365

We use Microsoft products to perform many daily business functions, including sending/receiving emails, hosting and managing our email service, and to prepare business documents.  Please use the following link to access the privacy policy for Microsoft:

https://products.office.com/en-us/business/office-365-trust-center-privacy   

Privacy Shield

EarthQuaker Devices LLC complies with the EU-U.S. Privacy Shield Framework and the Swiss-U.S. Privacy Shield Frameworks as set forth by the U.S. Department of Commerce regarding the collection, use, and retention of personal information transferred from the European Union and/or Switzerland to the United States.  EarthQuaker Devices has certified to the Department of Commerce that it adheres to the Privacy Shield Principles.  If there is any conflict between the terms in this privacy policy and the Privacy Shield Principles, the Privacy Shield Principles shall govern.  To learn more about the Privacy Shield program, and to view our certification, please visit https://www.privacyshield.gov/

In compliance with the Privacy Shield Principles, EarthQuaker Devices LLC commits to resolve complaints about our collection or use of your personal information.  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

Info@earthquakerdevices.com

350 West Bowery Street
Akron, OH 44307
United States of America

Phone:  330-252-9220

Fax:  330-252-9221

EarthQuaker Devices LLC has further committed to cooperate with panel established by the Data Protection Authorities (DPA).  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

CalOPPA is the first state law in the nation to require commercial websites and online services to post a privacy policy. The law's reach stretches well beyond California to require any person or company in the United States (and conceivably the world) that operates websites collecting Personally Identifiable Information from California consumers to post a conspicuous privacy policy on its website stating exactly the information being collected and those individuals or companies with whom it is being shared. - See more at: http://consumercal.org/california-online-privacy-protection-act-caloppa/#sthash.0FdRbT51.dpuf

You can request disclosure, change or erasure of your personal information:

According to CalOPPA, we agree to the following:

Users can visit our site anonymously.

Once this privacy policy is created, we will add a link to it on our home page or as a minimum, on the first significant page after entering our website.

Our Privacy Policy link includes the word 'Privacy' and can easily be found on the page specified above.

You will be notified of any Privacy Policy changes:

  • Via Email

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.

CAN-SPAM Act

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 info@earthquakerdevices.com

You can also follow the instructions at the bottom of each email, and we will promptly remove you from ALL correspondence.

This policy and any subsequent privacy policy is available at www.earthquakerdevices.com/privacy

Contacting Us

If there are any questions regarding this privacy policy, you may contact us using the information below.

https://www.earthquakerdevices.com/contact/

350 West Bowery St
Akron, Ohio 44307
United States of America

info@earthquakerdevices.com

330-252-9220