EARNWARE PRIVACY STATEMENT
Effective Date: 11/09/21
This Privacy Statement governs the manner in which Earnlink Network, LLC d/b/a Earnware (“We”, “Us”, or “Earnware”) collects, stores, uses and discloses information collected from visitors and users of www.earnware.com (“Website”). This Privacy Statement applies to Earnware’s advertisers, agencies, publishers and networks (collectively “Business Associates”) utilize the Website, Earnware Platform and other services provided by Earnware (collectively “Services”). By visiting or using this Website or Services, you accept the practices described in this Statement.
This Privacy Statement does not apply to information and the data our Business Associates provide to Us as a Service Provider.
We reserve the right to update this Privacy Statement at any time. We will post the updates on this page without further notification. Please be sure to check back periodically for any updates and you will find the “Effective Date” below the title of this document. All changes to this Privacy Statement shall begin from the Effective Date forward.
1. Information We Collect.
1.2. “Personal and Business Information” Each time you provide or transmit information to Us, We obtain and collect personal information about you, including, but not limited to, your name, email address, mailing address, tax identification number, credit card information, bank account information and telephone or mobile phone number(s). We may collect this same information about all other persons when you provide it to Us.
1.3. “Behavioral Information” is information which is automatically collected pertaining to how you use our Website, the areas of our Website that you visit, what services you access, and information about your computer hardware and software, including your IP address, geographic location, browser preference, operating system type, domain names, times that you access the internet, and other websites you have visited.
1.4. “Third party information” is information about you that We acquire from a third party which may include personal, business or behavioral information. We have no access or control as to how this information was collected and have no responsibility or liability for the policies and practices of these parties.
1.6 “Log Files” are electronic logins of your use of our Website or Platform. When you view your account or login or view content on our Website, We automatically collect information about your computer hardware and software. This information can include your IP address, browser type, domain names, internet service provider (ISP), the files viewed on our site (e.g., HTML pages, graphics, etc.), operating system, clickstream data, access times and referring website addresses. We use this information to general statistics regarding use of the Website for the purpose of improving our Website. When you access your account with Us, We log such access and use for business and security purposes.
1.7. Credit Card Information and Bank Account Information. We may, in certain instances, collect credit card number(s), bank account information and related information, when you place an order on our Website.
1.8 No Collection of Information About Children. Our Website and services are not intended for or targeted at children under 16, and We do not knowingly or intentionally collect personal information about children under 16. If you believe that We have collected personal information about a child under 16, please contact Us at your earliest convenience and We will delete the information.
1.9 Technology Collection. Generally, We as well as third party tracking vendors use technologies such as cookies, web beacons, and java scripts. These technologies collect internet protocol (IP) addresses, browser type, internet service provider (ISP), referring/exit pages, operating system, date/time stamp, and/or clickstream data. This information is used to analyze trends, administer our Website, track user’s movements through our Website and gather demographic information about our user base as a whole. We may receive reports based on these technologies on an individual or aggregated basis.
2. Use of Information Collected.
2.1. Providing Services and Products. Primarily, We are a Service Provider. As a Service Provider, We act as a data repository of Personal Information provided by our Business Associates. We also provide customer relationship management (“CRM”) services for our Business Associates as well as tracking systems for delivery and payment purposes. We also track and process opt-out requests and TCPA permission and withdrawal of such permission throughout technology services. We use the information We gather on our Website and in our Platform to provide you with the services and or products you have requested and respond to your inquiries or to respond to any concerns or inquires you may have. This may include passing your information on to a third party to provide such services or products. Although We have contracts in place to limit the use of your information, We do not control the privacy practices of third parties. If you have any questions or wish to remove your information from the third party databases, you will need to contact that party directly. We also use the information collected to contact our Business Associates about their accounts, billing, contract updates and other administrative matters. We will use it to investigate or prevent security issues or abuse or meet legal requirements; or provide it to an investor or purchaser in the event of a sale or merger of the assets of our company.
2.2. Improving Our Website and Services. We use the information We gather to respond to any inquires you make, operate and improve the functionality of our Website, and deliver the products and services advertised on our Website. Our services include the display of personalized products, content, and advertising, relating to your experience and interests. This includes improving your experience by personalizing content shown on our Website or in our emails. We may also use this information to develop and improve our products and services or
2.3. Marketing to our Business Associates and Users. We use the information We gather to send information or content to you which We think may be of interest to you and send you marketing materials relating to our business. We use the information to promote use of our services by sending you promotional and informational content to you.
3. Disclosure of Information to Others.
(i) Product and Service Delivery. We share your information with third party Service Providers who help Us in the delivery of the products and services you have requested .
(ii) Website Functionality. We share your information with companies and individuals We employ to perform technical functions on our behalf. Examples include third parties who host our Website, analyze our data, provide marketing assistance, process credit card payments, and provide customer service.
(iv) Anonymous information. We share aggregated anonymous information about you, combined with other persons using our Website with third parties, so that they can understand the kinds of visitors that come to our Website, and how those visitors use our Website. This includes demographic information and behavioral information.
(v) Legal Process. We disclose your information if legally required to do so, or at our discretion, pursuant to a request from a governmental entity, or if We believe in good faith that such action is necessary to (a) conform to legal requirements or comply with legal process; (b) protect our rights or property, or our affiliated companies; (c) prevent a crime or protect national security; or (d) protect the personal safety of users or the public.
(vi) Acquisition or Merger. We may disclose and transfer your information to a third party who acquires any or all of our business, whether such acquisition is by way of merger, consolidation or purchase of all or a substantial portion of our assets. In the event We become the subject of an insolvency proceeding, whether voluntary or involuntary, We or our liquidator, administrator, receiver or administrative receiver may sell, license or otherwise dispose of, such information in a transaction approved by the court.
(v) Use of Credit Card or Banking Information. If you provide Us with a bank account or credit card information for payment for our Services or Products, We use it solely as authorized by you in accordance with this Privacy Statement and your individual contracts in order for you to use the Services, including to check your financial qualifications and collect payment from you. We use a third-party service provider to manage credit card processing. This service provider is not permitted to store, retain, or use information you provide except for the sole purpose of credit card processing on our behalf.
4. Retention of Personal Information. The length of time We retain information We collect about you depends on the type of information and the reason it was collected. We retain Personal Information that you provide to Us where We have an ongoing legitimate business need to do so (for example, as needed to comply with our legal obligations, resolve disputes and enforce our agreements). When We have no ongoing legitimate business need to process your Personal Information, We securely delete the information, or deidentify or anonymize it or, if this is not possible, securely store your Personal Information and isolate it from any further processing until deletion is possible.
5. Security. We endeavor to safeguard and protect your information. When you submit information on our Website, such information is protected both online and offline. We have security measures in place to protect against the loss, misuse, and alteration of personal information under our control. The servers in which We store your information are kept in a secure physical environment. The servers have industry standard firewalls. Access to such servers is password protected and access by our employees is limited. Currently, We use Secure Socket Layer software (“SSL”) to protect data and to secure any transactions. SSL encrypts information including credit card number(s), and names and addresses, as they are transmitted over the Internet. Please be advised that, although We take commercially reasonable technological precautions to protect your data, no data transmission over the Internet can be guaranteed to be 100% secure; therefore, We cannot and do not warrant that your information will be absolutely secure. Any transmission of data at or through our Website is at your own risk. However, access to your information is strictly limited and not accessible to the public.
6. Your California Rights
6.1 SHINE THE LIGHT. California residents have the right to receive, once a year, information about third parties with whom We have shared information about you or your family for their marketing purposes during the previous calendar year, and a description of the categories of personal information shared. In addition California residents have the right to know if We respond to do not track signals or cookies. We do not respond to such signals or cookies.
6.2 CALIFORNIA CONSUMER PROTECTION ACTIVACY ACT.
A. General Disclosure. The California Consumer Privacy Act (“CCPA”) requires businesses to disclose whether they sell California Resident’s Personal Information. As set forth in this Statement, We do not sell Personal Information. However as a Service Provider, We disclose and share Personal Information as set forth in this Agreement with third parties if those third parties are authorized service providers or business Business Associates who have agreed to our contractual limitations as to their retention, use, and disclosure of such Personal Information.
B. Personal Information Defined. For purposes of this section “Personal Information” has the meaning given in the California Consumer Privacy Act (“CCPA”).
C. Collection Use and Sharing of Personal Information of California Residents: In the past twelve (12) months, have collected the following statutory categories of Personal Information:
- Identifiers such as name, e-mail address, mailing address, and phone number. We collect this information directly from you or from third party sources.
- Commercial information such as corporate and payment records. We collect this information directly from you.
- Internet or network information such as browsing and search history. We collect this information directly from your device.
- Geolocation data such as IP address. We collect this information from your device.
- Financial information such as Payment Information or financial account numbers in the process of providing you with a subscription. We collect this information from you.
- Inferences from Personal or Non Personal Information when you interact with Us online, by phone or email in the context of receiving help through our help desks or other support channels; participation in customer surveys or contests; or in providing the Service.
D. Business Purpose of Collection and Disclosure. The business and commercial purposes for which We collect this information are described above in this Privacy Statement.
E. Your California Rights. You have certain rights regarding the Personal Information We collect or maintain about you. Please note these rights are not absolute, and there may be cases when We decline your request as permitted by law.
- The right of deletion means that you have the right to request that We delete Personal Information collected or maintained by Us, subject to certain exceptions.
- The right to opt-out of the Sale of Personal Information means that you have the right to opt-out of any sale of your Personal Information unless you are requesting a product or service, this is an exemption from this right, and We will process your request. But you have the right to cease all further sale of your Personal Information.
- The right to delete means that you have a right to request the deletion of your Personal Information collected or maintained it in the past 12 months. There are certain exemptions to this such as legal compliance or to complete a transaction and document that transaction or security incidents; protect against malicious, deceptive, fraudulent or illegal activity (or prosecute those responsible); debug to identify and repair functionality errors; exercise or ensure the right of another to exercise free speech or other legal right or comply with a legal obligation.
- Right to Non-Discrimination for the Exercise of a Consumer’s Privacy Rights. You have a right and We will not undertake any discriminatory treatment against you if you exercise of the privacy rights conferred by the CCPA.
F. How to Exercise your California Rights. You can exercise your rights yourself or you can alternatively designate an authorized agent to exercise these rights on your behalf. Please note that to protect your Personal Information, We will verify your identity by a method appropriate to the type of request you are making. We may also request that your authorized agent have written permission from you to make requests on your behalf, and We may also need to verify your authorized agent’s identity to protect your Personal Information. Please use the contact information , if you would like to:
- Access this policy in an alternative format;
- Exercise your rights;
- Learn more about your rights or our privacy practices; or
- Designate an authorized agent to make a request on your behalf.
5580 La Jolla Blvd #332, La Jolla, CA 92307.