Privacy Notice

Earbits, Inc. (“Earbits”) is committed to protecting your privacy. This Earbits Privacy Notice applies to data collected by Earbits through the www.Earbits.com domain name, the "Earbits Website" or "Website”, as well as through Earbits’ proprietary [software] (the “Software”) and any other such service provided by Earbits (collectively with the Software, the “Service”).

Accessing Your Personal Information

You may view or edit your personal information and preferences by visiting the Website and logging into your Earbits account (the “Earbits Account”) online. From your Earbits Account, you can choose to receive or stop the delivery of future newsletters, promotional e-mail, and surveys from Earbits.

Please note that this does not apply to the receipt of mandatory service communications that are considered part of the Services, which you may receive periodically unless you cancel your Earbits Account.

Collection of Your Personal Information

When you open a user account with Earbits, we ask you to provide certain personal information, such as your name, e-mail address, home or work address, and/or telephone number. We may also collect general demographic information, such as your age, gender, ZIP code, preferences, and interests. We may also collect information about your visit to the Website, such as pages viewed, links clicked and other similar navigation action in connection with the Website. Additionally, we collect certain standard browser information, such as your browser type, IP address, and access times.

When you receive promotional e-mails or newsletters from Earbits, we may use customized links or similar technologies to determine whether such newsletters or e-mail has been opened and which links you click. This information is used to provide you more focused e-mail communications and/or other information.

Use of Your Personal Information

Earbits collects and uses your personal information to operate and improve the Website and better deliver the Services. These uses may include performing analysis aimed at improving the Service and making the Website or Services more user friendly by reducing the need for you to repeatedly enter the same information.

We also use your personal information to communicate with you, such as providing you with mandatory notices or discretionary notices about the Service. From time to time, we may also send you surveys or promotional mailings to inform you of other products or services available from Earbits and its affiliates.

In the event that you are offered to participate in a survey, such survey will includes a privacy statement that details the way Earbits will use the information submitted with that survey.

Personal information collected on Earbits sites and services may be stored and processed in the United States or any other country in which Earbits or its affiliates, subsidiaries or agents maintain facilities, and by using a Earbits site or service, you consent to any such transfer of information outside of your country.

Sharing of Your Personal Information

Except as described in this Privacy Notice, your personal information will be used only by Earbits and its controlled subsidiaries and affiliates, and your personal information will not be disclosed to any other third party without your consent. By accessing your Earbits Account, you may choose to share your personal information with select Earbits partners so that they can contact you about their respective products, services or offers.

Earbits occasionally hires other companies to provide limited administrative and communication services on our behalf, such as hosting websites, the processing and delivery of mailings, providing customer support, or performing statistical analysis of the Services. Those companies will be permitted to obtain only such personal information as necessary for them to deliver the service. Those companies are required to maintain the confidentiality of the information and are prohibited from using it for any other purpose.

Earbits may access and/or disclose personal information about you or your account without your prior consent if Earbits has a good faith belief that such action is necessary to: (i) comply with legal process or other legal requirements of any governmental authority; (ii) protect and defend the rights or property of Earbits (including the enforcement of our agreements); (iii) enforce the Terms of Use, which can be accessed at www.earbits.com/general_terms; (v) operate or conduct maintenance and repair of the Services or equipment as authorized by law; or (vi) act in urgent circumstances to protect the personal safety of users of Earbits Services or members of the public.

Security of Your Personal Information

The personally identifiable information Earbits collects is securely stored within our database, and we use standard, industry-wide practices such as firewalls, encryption, and (in certain areas) Secure Socket Layers (“SSL”) for protecting your information. However, as effective as encryption technology is, no security system is impenetrable. Earbits cannot guarantee the security of our database, nor can we guarantee that information you supply won't be intercepted while being transmitted to Earbits over the Internet. We recommend that you not disclose your password to anyone.

Collection and Use of Children's Personal Information

The Website and the Service are intended for general audiences, and Earbits does not knowingly collect any personal information from children. During the registration process for a Earbits Account, Earbits does collect age information, and if users identify themselves as under 13 years of age, Earbits will block such users from providing personal information.

Use of Cookies

Earbits uses "cookies" to collect non-personal data and information. Cookies are small text files a website uses to recognize repeat users, and is typically placed on your hard disk by a Web page server. Cookies contain information that can later be read by a web server in the domain that issued the cookie to you. The way cookies function is by assigning a number to the user that has no meaning outside of the assigning Web site.

You should be aware that Earbits cannot control the use of cookies (or the resulting information) by Earbits’ third-party partners.

You have the ability to accept or decline cookies. Most Web browsers automatically accept cookies, but you can usually modify your browser setting to decline cookies if you prefer. If you choose to decline cookies, you may not be able to sign in or use other interactive features of Earbits sites and services that depend on cookies.

Comments Regarding this Privacy Notice

Earbits welcomes your comments regarding this Privacy Notice. If you have questions regarding this Privacy Notice, please contact us by e-mail at privacy@earbits.com.

Modifications of this Privacy Notice

EARBITS MAY MODIFY THIS PRIVACY NOTICE AT ANY TIME, IN EARBITS’ SOLE DISCRETION, AND SUCH MODIFICATION SHALL BE EFFECTIVE IMMEDIATELY UPON EITHER POSTING OF THE MODIFIED PRIVACY NOTICE ON THE WEBSITE OR NOTIFYING YOU. YOU AGREE TO REVIEW THIS PRIVACY NOTICE PERIODICALLY TO ENSURE THAT YOU ARE AWARE OF ANY MODIFICATIONS. YOUR CONTINUED ACCESS OR USE OF THE WEBSITE AND/OR THE SOFTWARE SHALL BE DEEMED YOUR CONCLUSIVE ACCEPTANCE OF THE MODIFIED PRIVACY NOTICE.

Last modified on August 10, 2010.