[Hearing Aids] Privacy Policy

Who We Are and What This Policy Covers
Smart Innovation, LLC ("SMIL," "we," "us," and "our") respects your privacy. This Privacy Policy explains what personal information we collect, how we use it, with whom we share it, and your choices regarding our use of that information.
This Privacy Policy applies exclusively to the Sites and Services of Hearing Aids by Anker("Hearing Aids"). For information about how other Anker products handle personal information, please refer to the privacy policy applicable to the relevant platform.
By (i) accessing, browsing, and/or using the Services, (ii) creating, subscribing to, or using an Account, (iii) making a purchase from the Sites, or by otherwise indicating acceptance of this Privacy Policy, you acknowledge that you agree with this Privacy Policy. If you do not agree with this Privacy Policy, please do not provide us with any personal information and please refrain from using the Sites.
Policy Updates
We may update this Privacy Policy to reflect changes to our information practices. If we make any material changes in the way we handle personal information, we will notify you by email (sent to the e-mail address specified in your account) or by means of a prominent notice on our website prior to the change becoming effective. All changes shall be effective from the date of publication unless otherwise provided. We encourage you to periodically review this page for the latest information on our privacy practices.
How to Read This Policy
This Privacy Policy is organized into the following sections:
# Article What It Covers
1 Collection of Person Data The sources from which we collect your personal data
2 Creation of Personal Data What data we create about you
3 Categories of Personal Data The categories of personal data we process
4 Purpose of Processing The purposes for which we process data
5 Disclosure of Personal Data Who receives your data and why
6 International Transfer of Personal Data How your data is transferred
7 Data Storage and Retention Where your data is stored and How long we keep your information
8 Data Security How we protect your information
9 Your Privacy Rights Your choices and how to exercise them
10 Children's Privacy Our policy on users under 18
11 Third-Party Links External websites we link to
12 Cookies and Tracking Technologies How we use cookies and your controls
13 Contact Us How to reach us
14 Definitions Key terms used in this Policy
Annex I Details of Processing

  1. Collection of Personal Data

Depending on how you use our Sites, products or services, we may collect or obtain Personal Data about you from the sources described below. For more detailed information, please also refer to the table in Annex I.
  1. Data you provide to us: We obtain Personal Data when you provide those data to us (e.g., when you create or register an account([Hearing Aids] Account) to use any of our sites; where you contact us via email, telephone, or by any other means; or when you provide us with your business card).
  2. Relationship data: We collect or obtain Personal Data in the ordinary course of our relationship with you (e.g., when we provide a service to you or when you otherwise interact with us).
  3. Site data: We collect or obtain Personal Data when you visit or use any of our Sites, or use any features or resources available on or through our Sites.
  4. Content and advertising information: If you interact with any third-party content or advertising on our Sites (including third-party plugins and cookies), we allow the relevant third-party providers to collect your Personal Data relating to your interaction with that content or advertising, and we receive some or all of this Personal Data from the relevant third-party provider relating to your interaction with that content or advertising.
  5. Data you make public: We may collect the Personal Data content you publish, or otherwise manifestly make public, including comments you make about us, through our Sites and other platforms, your social media, or any other publicly available platforms.
  6. Third party information: We collect or obtain Personal Data from third parties who provide it to us (e.g., single sign-on providers and other authentication services you use to connect to our services, third-party providers of integrated services, your employer, other [Hearing Aids] customers, business partners, Processors, and law enforcement authorities).
  7. Data automatically collected: We and our third-party partners automatically collect information you provide to us and information about how you access and use our Sites, products or other services when you visit our services, read our emails, or otherwise engage with us. We typically collect this information through a variety of tracking technologies, including (i) cookies or small data files that are stored on an individual’s computer and (ii) other, related technologies, such as web beacons, pixels, embedded scripts, mobile SDKs, location-identifying technologies and logging technologies (collectively, “tracking technologies”) and we may use third-party partners or technologies to collect this information. Information we collect automatically about you may be combined with other personal information we collect directly from you or receive from other sources.

  1. Creation of Personal Data

We also create Personal Data records about you in certain circumstances, such as records of your interactions with us, details of your past interactions with us. We may also link Personal Data collected from any of our Sites, products, or services, including where those data are collected from different devices.

  1. Categories of Personal Data We Collect and Process

When using our Sites, products, or services, we may also collect and/or process the following categories of Personal Data about you:
3.1 Account information: When you register for an account on our Sites, we collect your username, password, and email address and/or phone number. After successfully creating your [Hearing Aids] account, you can use it to log in across [Hearing Aids]’ various Sites without needing to create an account for each specific Site. As you use our Sites and Services, you may voluntarily provide additional profile details — such as your first and last name, date of birth/age, country, language and communication preferences, and other information you choose to provide in connection with our online hearing test or free test program.
3.2. Contact information: including your first and last name, preferred name, phone number, email address, mailing address, and communication preferences, all of which you have voluntarily provided.
3.3 Transaction and Payment Information: When you place orders on our Sites, we collect: (i) order details, including products purchased, prices, and order history; (ii) payment information, such as payment amount, payment date, billing address, and payment method — however, we use third-party payment providers (including Shop Pay, Stripe, Amazon Pay, PayPal, and Google Pay) to process payments, and we do not receive or retain any personally identifiable financial information such as payment card numbers; (iii) delivery details, including consignee name, shipping address and contact information, and shipment tracking; and (iv) post-purchase records, including details of returns and warranty.
3.4 Information collected from third-party authentication services or other third-party accounts you link to our services: some of our Sites, products or services may allow you to log in through a third-party social network or authentication service, such as Amazon, Apple, Google, and Facebook. When you use these single sign-on services to access our Sites, products, or services, we do not receive your login credentials for the relevant third-party service. Instead, we receive tokens from the single sign-on service to help identify you in our system (such as by your username) and confirm you successfully authenticated with the single sign-on services. In addition to authenticating your identity, these services will, in most cases, provide you the option to share certain Personal Data with us, which could include your name, email address, friend list and other contacts, or other information in your public profile (e.g., profile picture, age range, gender, language, country). The data we receive is dependent on that third party’s policies and your privacy settings on that third-party site.
3.5 Hearing information: including your responses to questions presented during our online preliminary hearing test, sound check, your hearing test results( for reference only), your sound check results, any associated scores or recommendations generated by the test, hearing aids settings and configuration data, and any other hearing-related information you choose to provide when accessing or using our Services. We use this information to provide you with a preliminary self-assessment of your hearing condition, to help you determine whether you may benefit from further professional evaluation, and — if you are selected for our free test program — to configure and personalize the Hearing Aids provided to you. Our online hearing test is a self-administered informational tool and does not constitute a medical diagnosis. We may also use anonymized and aggregated hearing health data for research and development purposes, and we will not share your personal information with third parties for such purposes.

  1. Purposes of Processing

We may use the Personal Data we collect for the following purposes, subject to applicable law. For more information about how we Process your Personal Data, please refer to the table in Annex I.
4.1 Fulfilling contractual obligations, delivering our Sites, products, services and promotions you have requested, processing payments, and managing accounts, contracts and customer relationships (including sales, finance, vendor engagement, customer support and preferences);
4.2 Managing our organization and its day-to-day operations, and reviewing business performance;
4.3 Communicating with you — including via our Sites, products and services, email, direct mail, text message, push notification, social media, telephone or video call — about our offerings and other relevant matters, and facilitating relationships with individuals and, where applicable, the companies they represent;
4.4 Marketing and advertising our Sites, products and services, including targeted and retargeted advertising, market research, opportunity tracking, conversion and lead generation;
4.5 Administering, improving and personalizing our Sites, products and services, including displaying tailored content, features and advertising, recognizing returning users and remembering their preferences, analyzing our customer base, enabling user profiles, online shopping, product ratings, loyalty and incentive programs, and integrating third-party functionalities (e.g., trusted shop banners, shipment tracking, product videos);
4.6 Testing, enhancing, updating, auditing and monitoring our products, services, communications and IT systems, and diagnosing or fixing technology problems;
4.7 Maintaining the safety, security and integrity of our property, products, services, technology assets and business, including communicating product recalls and safety advisory notices;
4.8 Detecting, preventing and investigating fraud, security breaches, threats of harm, unlawful activity, and violations of our policies or terms;
4.9 Enforcing our contractual and legal rights — including, where applicable, the Specific Terms of Service, Terms of Use, Software Terms of Service and any addenda or other applicable terms — resolving disputes, and protecting the interests and rights of us and third parties;
4.10 Evaluating potential business partnerships (e.g., affiliate or merchant programs) and facilitating business transactions or corporate reorganizations;
4.11 Complying with applicable legal and regulatory obligations; and
4.12 Fulfilling any other purpose for which you provide your Personal Data or for which you have otherwise consented.

  1. Disclosure of Personal Data

5.1 We may also share, transmit, disclose, grant access to, make available, and provide Personal Data with and to the following categories of recipients:
5.1.1 Anker affiliates: We share Personal Data amongst the legal entities that make up the Anker group, for legitimate business purposes and the operation of our Sites, products, and services for you, in accordance with applicable law. These legal entities may use your Personal Data in the manner described in this Privacy Notice.
5.1.2 Service providers and integrated third-party services — third-party contractors that process Personal Data on our behalf, including but not limited to: email, marketing, advertising, call-center and text-message service providers; payment processors; shipping and postal carriers; fraud-prevention and risk-assessment services; and, where applicable, professionals who deliver services through or in connection with our Sites (such as customer support, product fitting or consultation, and product-trial screening). Our products and services may also integrate third-party services (such as voice assistants and hearing aids dispense);
5.1.3 Advertising, marketing and business partners — to deliver, personalize and measure advertising, and to jointly offer products or services or operate partner programs, we may share Personal Data with advertising networks, marketing partners and other business partners. These parties may collect information automatically through cookies and similar technologies. We will obtain your consent where required by applicable law. For more information and your choices, please refer to Article 12;
5.1.4 Independent advisors: We may disclose Personal Data to our independent advisors such as accountants, auditors, consultants, lawyers, and other outside professional advisors to SMIL, subject to binding contractual or statutory obligations or statutory of confidentiality;
5.1.5 Legal and regulatory disclosures: we may disclose Personal Data to law enforcement, regulators, legal advisors and other third parties where we reasonably believe in good faith that disclosure is necessary to:
(a) establish, exercise or defend legal claims;
(b) comply with applicable laws or respond to lawful requests and legal process;
(c) protect our rights, property or personal safety, or those of others, including enforcing our agreements and policies;
d) detect, suppress or prevent fraud or other criminal activity; or
(e) as otherwise required by applicable law.
5.1.6 Corporate transactions — in connection with a merger, acquisition, divestiture, reorganization, insolvency or similar event, Personal Data may be disclosed as a business asset. If such a transaction is completed, you will be notified via email and/or a prominent notice on our website of any change in ownership and your choices regarding your Personal Data;
5.1.7 You, your authorized representatives, and individuals you choose: We recommend sharing only with people you trust; and
5.1.8 Other disclosures: to any other third party or publicly, with your prior consent or at your direction.
5.2 Safeguards for processors. Where we engage a third-party processor, it is subject to binding contractual obligations to: (i) process Personal Data only in accordance with our documented instructions; (ii) implement appropriate technical and organizational measures to protect the confidentiality and security of Personal Data; and (iii) comply with any additional requirements under applicable law, including with respect to cross-border data transfers, sub-processing and data breach notification.
5.3 Independent controllers. Certain third parties described above (such as advertising partners, integrated third-party services and fraud-prevention providers) may process your Personal Data as independent data controllers in accordance with their own privacy policies.

  1. International Transfer of Personal Data

We do not transfer, store, or process your personal information outside of the United States. Our personnel and service providers who access your data do so only from within the United States, subject to the confidentiality and security obligations described in this Privacy Policy.
If you access our Sites or Services from outside the United States, please be aware that your information will be transferred to, stored, and processed in the United States, where our servers are located. The data protection laws of the United States may differ from those of your country of residence. By using our Sites or Services, you consent to the transfer of your information to the United States.

  1. Data Storage and Retention

7.1 All personal information we collect through our Sites and Services is stored and processed on servers located in the United States of America.
7.2 We have implemented processes designed to ensure that your personal information is only retained for the minimum period necessary for the purposes set out in this Privacy Policy. The criteria for determining the duration for which we will retain your personal information are as follows:
7.2.1 We will retain personal information in a form that permits identification only for as long as:
  • we maintain an ongoing relationship with you (e.g., where you are a user of our Services, or you are lawfully included in our mailing list and have not unsubscribed); or
  • your personal information is necessary in connection with the lawful purposes set out in this Privacy Policy, for which we have a valid legal basis (e.g., where your personal information is included in a contract between you and us, and we have a legitimate interest in processing those personal information for the purposes of operating our business and fulfilling our obligations under that contract; or where we have a legal obligation to retain your personal information).
7.2.2 The duration of:
  • any applicable limitation period under applicable law (i.e., any statutory retention periods as required by the law of the applicable region, or any period during which any person could bring a legal claim against us in connection with your personal information, or to which your personal information are relevant); and
  • an additional two (2) month period following the end of such applicable limitation period (so that, if a person brings a claim at the end of the limitation period, we are still afforded a reasonable amount of time in which to identify any personal information that is relevant to that claim).
7.2.3 In addition, if any relevant legal claims are brought, we continue to process personal information for such additional periods as are necessary in connection with that claim.
7.3 During the periods noted in Section 7.2.2 above, we will restrict our processing of your personal information to storage of, and maintaining the security of, those data, except to the extent that those data need to be reviewed in connection with any legal claim, or any obligation under applicable law.
7.4 Once the periods in Section 7.2 above have concluded, we will either:
  • permanently delete or destroy the relevant personal information; or
  • anonymize or de-identify the relevant personal information.
7.5 If you request that your account or data be deleted, you may lose access to certain Services and any accrued benefits associated with your account. You may request the deletion of your personal information by contacting us as set out in Article 13 (Contact Us), but please note that we may be required by law or otherwise to retain certain information and not delete it, or to retain it for a certain period of time, in which case we will comply with your deletion request only after we have fulfilled such requirements. When we delete personal information, it will be deleted from the active database, but may remain in our archives.

  1. Data Security

8.1 All [Hearing Aids] products are built with strong security features that continuously protect your information. The insights we gain from maintaining our services help us detect and automatically block security threats from ever reaching you. And if we do detect something risky that we think you should know about, we’ll notify you and help guide you through steps to stay better protected.
8.2 We work hard to protect you and Anker from unauthorized access, alteration, disclosure, or destruction of information we hold, including:
  1. We use encryption to keep your data private while in transit.
  2. We offer a range of security features, like Safe Browsing, Security Checkup, and 2 Step Verification to help you protect your account.
  3. We review our information collection, storage, and processing practices, including physical security measures, to prevent unauthorized access to our systems.
  4. We restrict access to personal information to Anker employees, contractors, and agents who need that information in order to process it. Anyone with this access is subject to strict contractual confidentiality obligations.
8.2 Please be aware, however, that despite our efforts, no security measures are perfect or impenetrable, and no method of data transmission can be guaranteed against any interception or other types of misuse. Your transmission of information to us via email, SMS text, or other methods from your devices may not be completely secure, and transmission of data by those methods is at your own risk.
8.3 To protect the confidentiality of personal information maintained in your account, you must keep your password confidential and not disclose it to any other person. You are responsible for all uses of our Services by any person using your password. If you believe that your username, password, or other account information has been compromised, or that your interaction with us is no longer secure, please contact us immediately using the contact information provided in Article 13 (Contact Us).

  1. Your Privacy Rights

These following disclosures provide information about our Personal Data processing practices relating to individual residents of certain states in the United States.

  1. General Rights

(1) Depending on your state of residency and subject to certain legal limitations and exceptions, you may be able to exercise some or all of the following rights:
(A) Right to Know: the right to confirm whether we are processing Personal Data about you and, under California and Oregon law only, to obtain certain personalized details about the Personal Data we have collected about you, including:
(a) The categories of Personal Data collected;
(b) The categories of sources of the Personal Data
(c) The purposes for which the Personal Data were collected;
(d) The categories of Personal Data disclosed to third parties (if any), and the categories of recipients to whom this Personal Data were disclosed (or, for Oregon residents only, a list of the specific third parties to whom personal data have been disclosed);
(e) The categories of Personal Data shared for targeted advertising purposes (if any), and the categories of recipients to whom the Personal Data were disclosed for these purposes; and
(f) The categories of Personal Data sold (if any) and the categories of third parties to whom the Personal Data were sold.
(B) Right to Access & Portability: the right to obtain access to the Personal Data we have collected about you and, where required by law, the right to obtain a copy of the Personal Data in a portable and, to the extent technically feasible, readily usable format that allows you to transmit the data to another entity without hindrance.
(C) Right to Correction: the right to correct inaccuracies in your Personal Data, taking into account the nature of the Personal Data and the purposes of the processing of the Personal Data.
(D) Right to Control Over Sensitive Personal Data: the right to exercise control over our collection and processing of certain Sensitive Personal Data.
(E) Right to Opt-Out of Targeted Advertising: the right to direct us not to use or share Personal Data for certain targeted advertising purposes.
(F) Right to Opt-Out of Sales: the right to direct us not to sell Personal Data to third parties.
(G) Right to Deletion: the right to have us delete Personal Data we maintain about you (subject to certain exceptions).
(2) Depending on your state of residency, you may also have the right to not receive retaliatory or discriminatory treatment in connection with a request to exercise the above rights. However, the exercise of the rights described above may result in a different price, rate or quality level of product or service where that difference is reasonably related to the impact the right has on our relationship or is otherwise permitted by law.
(3) Submitting Privacy Rights Requests
Please submit a request specifying the right you wish to exercise by:
(A) Completing our online form found here; or
(B) Sending us an email at the following address: us.health@anker.com

To exercise your right to opt-out as it relates to the use of cookies and similar technologies that involve the sale of Personal Data or the use of Personal Data for targeted advertising purposes, please click the “Cookie Settings” link in the footer of the website and adjust your preferences accordingly. If you are visiting our Sites with the Global Privacy Control enabled, any cookies that constitute sales or are used for targeted advertising should already be turned off automatically in our cookie preference manager. Please note this opt-out tool is website, device and browser specific, so you will need to change your preferences on each device and browser you use to interact with the specific website you are visiting. In addition, you can also opt-out of cookie-based sales by businesses that participate in the Digital Advertising Alliance’s CCPA Opt-Out Tool by visiting https://www.privacyrights.info/. Lastly, you may follow the other steps set forth in Article 12 below to further exercise control over cookies and similar technologies.

Before processing your request to exercise certain rights (including the Right to Know, Access & Portability, Correction, and Deletion), we will need to verify your identity and confirm you are a resident of a state that offers the requested right(s). In order to verify your identity, we will generally either require the successful authentication of your account, or the matching of sufficient information you provide us to the information we maintain about you in our systems. As a result, we require requests submitted through our online form and email address to include the requester’s name and email address, their relationship with SMIL, the brands relevant to the request, and the consumer’s email address, state/ country/ zip and any comments relating to the request.

In certain circumstances, we may decline or limit your request, particularly where we are unable to verify your identity or locate your information in our systems, or where you are not a resident of one of the eligible states.
(4) Submitting Authorized Agent Requests
In certain circumstances, you are permitted to use an authorized agent to submit requests on your behalf through the designated methods set forth above where we can verify the authorized agent’s authority to act on your behalf. In order to verify the authorized agent’s authority, we generally require evidence of either (i) a valid power of attorney or (ii) a signed letter containing your name and contact information, the name and contact information of the authorized agent, and a statement of authorization for the request. Depending on the evidence provided and your state of residency, we may still need to separately reach out to you to confirm the authorized agent has permission to act on your behalf and to verify your identity in connection with the request.
(5) Appealing Privacy Rights Decisions
Depending on your state of residency, you may be able to appeal a decision we have made in connection with your privacy rights request. All appeal requests should be submitted by replying to the communication resolving your original request.

  1. Marketing Opt-Out

You may unsubscribe from specific promotional email campaigns at any time by simply clicking on the unsubscribe link included in every promotional electronic communication we send, or you may unsubscribe from all SMIL promotional emails by unsubscribing online. After you unsubscribe, we will not send you further promotional emails in connection with the email campaigns you have unsubscribed from, but in some circumstances we will continue to contact you to the extent necessary for the purposes of providing any Sites, products, or services you have requested or in connection with any email campaigns to which you remain subscribed.

  1. Opt-Out of SMS Text Messages

You may unsubscribe from specific promotional text campaigns at any time by replying STOP via text message to any of the promotional text communications we send in relation to the specific campaign you would like to opt out from. After you unsubscribe, we will not send you further promotional text messages in connection with the text campaigns you have unsubscribed from, but in some circumstances, we will continue to contact you to the extent necessary for the purposes of providing any Sites, products, or services you have requested or in connection with any text campaigns to which you remain subscribed.

  1. Cookie Choices

For information on how to manage your cookie preferences and opt out of interest-based advertising, please see Article 12 (Cookies and Tracking Technologies) above and our Cookie Notice.

  1. Collection and Use of Personal Data

Personal Data

  1. As described in more detail in Article 3 above, we collect, and have collected in the preceding 12 months, the following categories of Personal Data:
    1. Identifiers, such as first and last name, preferred name, phone number, email address, user ID, and online identifiers.
    2. Customer records, such as contact information, and account information.
    3. Protected classification characteristics, such as age, gender, and health status.
    4. Commercial information, such as records of purchases and prices, shipping address and contact information, and details of returns, and consumer histories and tendencies.
    5. Internet / network information, such as the device type, manufacturer, and model, operating system, IP address, browser type, Internet service provider, and unique identifiers associated with you, your device, or your network.
    6. Audio, electronic, visual, thermal, olfactory, or similar information, including voice prompts / recordings and service avatars, images and video.
    7. Hearing health information, including your responses to our online hearing test.
    8. Sensitive personal data, such as account credentials, and health data (as further described below).
    9. Other Personal Data, such as your communication preferences, entertainment preferences, participation in our loyalty and incentive programs, and any other Personal Data you choose to share in custom messages sent through the forms, email addresses, or other contact information we make available to customers.
    10. Inferences, including consumer preferences, predispositions, and characteristics.
  2. As described in Article 1 above, we collect this Personal Data directly from you, automatically when you interact with our Sites, products, or other services, from third parties, and from public third-party platforms such as social media websites.
  3. We collect Personal Data from and about you for a variety of purposes. For example, we use Personal Data to communicate with you; to facilitate, process, and fulfill orders you place with us or the services you request; to conduct surveys, sweepstakes, contests and other promotions; to analyze and improve the use of our Sites and Applications; to deliver marketing communications and personalized and non-personalized advertising; and to facilitate our customer services. For more information about our use of Personal Data, please refer to Article 4 above.

Sensitive Personal Data

  1. The following Personal Data elements we collect or are otherwise processed in connection with our Sites, products or services may be classified as “sensitive” under certain privacy laws (“Sensitive Personal Data”):
    1. Account credentials.
    2. Payment card information (collected and processed solely by our third-party payment providers; SMIL does not have access to this data).
    3. Hearing health information, including your responses to our online hearing test.
  2. We only use or disclose Sensitive Personal Data where reasonably necessary and proportionate,and where permitted by law, for the purposes of performing services you have requested, verifying and improving the services we provide, detecting security incidents, fraud and other illegal actions, ensuring the physical safety of natural persons, performing services on behalf of the business, or short-term transient use. We only collect and process Sensitive Personal Data without the purpose of inferring characteristics about the relevant individual, and we do not sell Sensitive Personal Data or process or otherwise share Sensitive Personal Data for the purpose of targeted advertising (as further described below).
  3. However, depending on your state of residency and subject to certain legal limitations and exceptions, you may be able to limit, or withdraw your consent for, our processing of Sensitive Personal Data.

Deidentified Information:

We may at times receive, or process Personal Data to create, deidentified information that can no longer reasonably be used to infer information about, or otherwise be linked to, a particular individual or household. Where we maintain deidentified information, we will maintain and use the information in deidentified form and not attempt to reidentify the information except as required or permitted by law.

  1. Personal Data Disclosures, Sales, and Targeted Advertising

We may disclose the categories of Personal Data above to the following categories of third parties: the entities that make up the Anker group, Processors, ad networks and advertising partners, business and marketing partners, third-party providers with services integrating with our services, individuals you choose to share Personal Data with, and certain third parties where you have provided consent or where otherwise required or permitted by law. Please see Article 5 for more details. Please be aware that we will not transfer your Sensitive Personal Data to any third parties, including advertising platforms, data brokers, or information resellers, for purposes other than providing or improving the use case or features of our Sites, Applications, products, or services, without your consent.
Our disclosure or making available of identifiers, customer records, commercial information, internet/ network information, and inferences to ad networks and advertising partners may qualify as the sale of Personal Data or the sharing or processing of Personal Data for the purpose of displaying advertisements that are selected based on Personal Data obtained or inferred over time from an individual’s activities across businesses or distinctly-branded websites, applications, or other services (otherwise known as “targeted advertising” or “cross-context behavioral advertising”) under certain privacy laws.
Depending on your state of residency and subject to certain legal limitations and exceptions, you may be able to limit or opt-out of the sale of Personal Data or the processing of Personal Data for purposes of targeted advertising (as described in the 9.1 General Rights section above).
Please note we do not sell the Personal Data of individuals we know to be less than 16 years of age or share such information for targeted advertising purposes. In addition, we do not sell Sensitive Personal Data, and we do not process or otherwise share Sensitive Personal Data for the purpose of targeted advertising.

  1. Automated Decision-Making and Profiling

We do not conduct automated processing of Personal Data for the purposes of evaluating, analyzing, or predicting an individual’s personal aspects in furtherance of decisions that produce legal or similarly significant effects. As a result, we do not provide a right to exercise control over such forms of automated decision-making and profiling.

  1. Financial Incentives and Loyalty Programs

(1) We offer various financial incentives to our customers, including:
(A) Discounts, coupons, and special offers via email when signing up for our email lists or creating an account;
(B) Rewards when referring a friend who purchases our products or services; and
(C) Loyalty programs, where customers earn / redeem rewards based upon their past transactions with us.
(2) To obtain access to certain of these programs and other offerings, we may ask to collect your Personal Data, including name, contact information, professional information, account information, and transaction information. We consider the value of these programs and other offerings to be reasonably related to the value of the Personal Data to our business, based on our reasonable but sole determination. We estimate the value of the Personal Data by considering the expense incurred by the business related to the collection, storage, and retention of the Personal Data in the context of the financial incentive program and the expenses related to the provision of the financial incentive.
(3) The terms applicable to each program and other offering are provided at the time an eligible customer is offered an opportunity to participate. Interested customers can opt-in to these programs and offerings by following the instructions presented at the time the offer is made. Participating customers may withdraw from our programs and other offerings at any time by unsubscribing from our emails (for email-based incentives), closing their accounts (for loyalty and reward program incentives), following the instructions provided in connection with each offering.

  1. California's Shine the Light Law

California Civil Code Section 1798.83, also known as the "Shine the Light" law, permits California residents to annually request information regarding the disclosure of their personal information to third parties for those third parties' direct marketing purposes.
We do not share personal information with third parties for those third parties' own direct marketing purposes. However, if we disclose Personal Information that is primarily used for personal, family, or household purposes of a California user to a third party for said third party’s direct marketing purposes, we will identify such third party along with the type of personal data disclosed, upon your request.
For further clarification, please refer to the Article 13 Contact Us below. Under California law, businesses are only required to respond to a user’s request once during any calendar year.

  1. Nevada

Nevada residents who wish to exercise their sale opt-out rights under Nevada Revised Statutes Chapter 603A may submit a request to https://www.privacyrights.info/ . Please note that we do not currently sell data triggering that statute's opt-out requirements.

  1. Washington My Health My Data Act

Washington residents: If you are a Washington resident, certain provisions of the Washington My Health My Data Act (RCW 19.373) may apply to the hearing health information we collect.

  1. Feedback

If you provide feedback to us, we may use and disclose such feedback for any purpose, provided we do not associate such feedback with your personal information. We will collect any information contained in such feedback and will treat the personal information in it in accordance with this Privacy Policy.

  1. Children's Privacy

Our Sites and Services are not intended for use by persons under the age of 18, and no one under age 18 is authorized to submit any information, including personal information, on our Sites. We do not knowingly collect or use any personal information from persons under the age of 18. If we become aware that we have unknowingly collected personal information from a person under the age of 18, we will take the necessary steps to delete such information from our systems as soon as reasonably practicable.
Parents or legal guardians who believe that we may have inadvertently collected personal information from their child may contact us using the contact information provided in Article 13 (Contact Us).

  1. Third-Party Links

Our Sites may contain links to other websites that have information we believe may be of interest to you. This Privacy Policy applies only to our Sites and Services and does not apply to any third-party websites or services. We are not responsible for the content or privacy practices of those websites. We encourage you to read the privacy policy of any website you visit that may collect your personal information before providing them with any personal information.

  1. Cookies and Tracking Technologies

13.1 SMIL and its third-party partners and providers use cookies and similar technologies to automatically collect certain Personal Data when you visit or interact with our Sites and services to enhance navigation, analyze trends, administer the Sites, track users’ movements around the Sites, gather demographic information about our user base as a whole, and assist with our marketing efforts and customer service. You can control the use of cookies at the individual browser level, but if you choose to disable cookies, it may limit your use of certain features or functions on our Sites and services.
13.2 Our Sites provide you the ability to adjust your preferences regarding our use of cookies and similar technologies by clicking the "Cookie Settings” link in the footer of our Sites. These cookie preference manager tools are website, device, and browser specific, so you will need to change your preferences on each device and browser you use when interacting with the specific Site you are visiting. You can also stop all collection of information via our web services by not using our Sites and services.
13.3 You may also be able to utilize third-party tools and features to further restrict our use of cookies and similar technologies. For example, cookies may generally be disabled or removed by tools available as part of most commercial browsers, and in some instances blocked in the future by selecting certain settings. Browsers offer different functionalities and options, so you may need to set them separately. In addition, you may be able to exercise specific privacy choices, such as enabling or disabling certain location-based services, by adjusting the permissions in your mobile device or internet browser. You may also exercise choice regarding the use of cookies from Google Analytics by going to https://support.google.com/analytics/answer/181881?hl=en to download the Google Analytics Opt-out Browser Add-on. For information on how Google Analytics collects and processes data, as well as how you can control information sent to Google, review Google's website here: https://policies.google.com/technologies/partner-sites.
13.4 You may also opt-out of targeted advertising by companies that participate in the Digital Advertising Alliance (“DAA”) AdChoices Program by visting optout.aboutads.info. For more information on the DAA AdChoices Program, please visit www.youradchoices.com. In addition, the Network Advertising Initiative (“NAI”) has developed a tool that allows consumers to opt out of certain tailored advertising delivered by NAI members’ advertising networks. To learn more about opting out of such targeted advertising or to use the NAI tool, see https://optout.networkadvertising.org/.
13.5 In compliance with applicable state privacy laws, SMIL recognizes and abides by universal "Do Not Track" signals. Many web browsers allow you to enable a "Do Not Track" function to inform websites that you do not want your online activities tracked.

  1. Contact Us

If you have any questions or concerns about this Privacy Policy or our privacy practices, please contact us at:
Email: us.health@anker.com
We will attempt to comply with your request as soon as reasonably practicable. To exercise any of your privacy rights, please see Section 9.1 above.

  1. Definitions

The following defined terms are used in this Privacy Policy:
"CCPA" means the California Consumer Privacy Act of 2018, as amended by the California Privacy Rights Act of 2022 (CPRA).
"Cookie" means a small data file stored on your computer or device when you visit a website, used to remember information about you and your preferences.
"De-identified Information" means information that cannot reasonably be used to infer information about, or otherwise be linked to, a particular individual or household. Where we maintain de-identified information, we will maintain and use the information in de-identified form and not attempt to re-identify it except as required or permitted by law.
"Personal Information" or "Personal Data" means any information that identifies, relates to, or could reasonably be linked to a particular individual, directly or indirectly. This includes the categories of information described in Article 3 of this Privacy Policy.
"Processor" means an entity that processes personal information on behalf of a Controller, subject to the Controller's instructions.
"Sensitive Personal Information" means personal information that is subject to heightened protections under applicable law, including account credentials, payment card information, and hearing health information, as further described in Section 9.5 of this Privacy Policy.