Privacy Policy & Terms

PRIVACY POLICY INTRODUCTION

Your privacy on the Internet is of the utmost importance to us. At ESCO, we want to make your experience online complete and safe. Because we gather certain types of information about our users, we feel you should fully understand our policy and the terms and conditions surrounding the capture and use of that information. The information you provide is safeguarded. This Privacy Policy discloses what information we gather and how we use it. It applies to information we collect on this Website, including through electronic messages between you and the Website (for example, when you submit a message using our “Feedback” form). It does not apply to information collected by us offline or through other means, or to information collected by third parties, including through any application or content that may link to or be accessible from this Website. By accessing or using this Website, you agree to this Privacy Policy. Please review it carefully.

INFORMATION ESCO GATHERS AND TRACKS

When requesting information or an ESCO quote, you will be asked to enter your name, email address, mailing address, phone number, and/or other details to help you with your experience.

  • Information that users provide through optional, voluntary submissions. This information may include personal information, such as your name, phone number, email address, state and zip code. We collect this information to respond to requests from users, customize our features for individual visitors who are ESCO customers and to notify customers about updates to our site and products or services.
  • Information that we collect automatically as you navigate the Website. This information may include usage details, IP addresses and information collected through tracking technologies such as cookies and web beacons. Information ESCO gathers through aggregated tracking is used to determine which areas of our sites users like and don’t like based on traffic to those areas. We do not track what individual users read, but rather how well each page performs overall. We collect this information in order to determine how to create the best experience for our customers.

WHEN DO WE COLLECT INFORMATION?

We collect information from you when you fill out the “Contact Us” or “Enroll Now” form. We will never request your password, user name, or other PII through e-mail. This practice, called “phishing,” is oftentimes a scam designed to steal your personal information. If you receive an e-mail message that looks like it is from us asking for your personal information, please do not respond.

HOW WE PROTECT YOUR INFORMATION

ESCO takes information security very seriously and utilizes appropriate safeguards to protect the information we collect consistent with this Privacy Policy. We secure the information you provide on servers in a controlled, secure environment. In certain areas, we may use industry-standard Secure Socket Layer (SSL) encryption. All sensitive information you supply is encrypted via SSL technology. These safeguards are regularly reviewed to protect against unauthorized access, disclosure, and improper use of your information, and to maintain the accuracy and integrity of that data.

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.

Your personal information 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.

POLICY AMENDMENT

ESCO approaches Internet communications with a strong commitment to individual privacy rights and concerns. As the Internet evolves, our policy will continue to change and develop. We therefore reserve the right to amend this Privacy Policy at any time with or without prior notice. Please check this page periodically for changes. Your continued use of the sites following any changes to this Privacy Policy will constitute your acceptance of such changes.

USE OF PERSONAL INFORMATION

ESCO strictly protects the security of your personal information and honors your choices for its intended use. We disclose your information to no third parties unless it is specifically stated otherwise. We may use third party contractors to help us operate our business and the sites or administer activities on our behalf, and may share your personal information with these contractors for those limited purposes. We use your information solely to fulfill services, transact a purchase, and help us improve our Website and product offerings to you. Notwithstanding any other provision to the contrary, ESCO reserves the right to cooperate with local, state and federal officials in any investigation relating to any purported illegal activity(ies) and, when required by law, regulation, legal process or government requests, to disclose any personal information furnished by you or collected by ESCO to law enforcement authorities or other relevant or related third parties.

Some of the features on this Website allow you to communicate with us using an online form. If your communication requests a response from us, we may send you a response via e-mail. The e-mail response or confirmation may include your personal information, including your name, address, etc. We cannot guarantee that our e-mails to you will be secure from unauthorized interception.

AUTOMATIC DATA COLLECTION TECHNOLOGIES

As you navigate through and interact with our Website, we may use automatic data collection technologies to collect certain information about your equipment, browsing actions and patterns, including:

  • Details of your visits to our Website, including traffic data, location data, logs and other communication data and the resources that you access and use on the Website.
  • Information about your computer and internet connection, including your IP address, operating system and browser type.
  • The Website may use “cookies” and other technologies such as pixel tags and web beacons.

Our Website permits you to use a third party social networking platform such as Facebook, Twitter, and Google+. This includes use of social media plugins such as Facebook “Like”, Tweet and Google “+1” buttons, etc. When you use social networking platforms and plugins, you share your information with them and their privacy policy applies to disclosure of such information. In addition, these social networking platforms may collect information about you, including your use of the Website. Such services may allow your activity to be monitored across multiple websites for purposes of delivering more targeted advertising. Please note that their own privacy polices apply and we encourage you to read them. We may add new social networking plugins and buttons to our Websites from time to time.

COOKIES

A cookie is a small piece of text that websites send to the browser and is stored on the user’s terminal, which may be a personal computer, a mobile phone, a tablet, etc. These files allow the website to remember information about your visit, such as language and preferred options, which can make your next visit easier and make the site more useful for you. Cookies play a very important role in improving user experiences on the web.

HOW ARE COOKIES USED?

By browsing this website you are accepting that we can install cookies on your device. Cookies can tell us:

  • How each visitor found the website (whether through another website, an organic search query, Pay Per Click, and so on),
  • How many times each page on our site is viewed by each customer,
  • And even notify us when a particular visitor accesses our site.

TYPES OF COOKIES USED

This website uses both temporary session cookies and persistent cookies. Session cookies store information only while the user accesses the Web and persistent cookies stored in the terminal data to be accessed and used in more than one session.

  • Technical cookies: these allow the user to navigate through the website or application and use the various options or services there. For example, with traffic control and data communication, to identify the session, access restricted Web parts, etc.
  • Cookies customization: these allow users to access the service with some predefined general features in your terminal, or user-defined settings. For example, the language, the type of browser through which you access the service, and the design of selected content.
  • Statistical analysis cookies: these allow the monitoring and analysis of user behavior on websites. The information gathered through such cookies is used in measuring the activity of web, application, or platform sites and the profiling of user navigation of these sites, in order to make improvements to the service and functionality for users.
  • Third-Party Vendors: Our website uses Google Analytics, a service that transmits website traffic data to Google servers in the United States. Google Analytics does not identify individual users or associate your IP address with any other data held by Google. We use reports provided by Google Analytics to help us understand website traffic and webpage usage.

TURNING OFF COOKIES

Cookies are specific to each different browser. For example, this means cookies stored on Google Chrome cannot access cookies stored on Internet Explorer.

You can block cookies by activating the setting on your browser that allows you to refuse the setting of all or some cookies.

Below are links to the ‘Help’ pages of major browsers which explain how you can do this. However, if you use your browser settings to block all cookies (including essential cookies) you may not be able to access all or parts of our site or any other websites that you visit.

Microsoft Edge | Chrome | Firefox | Safari | Opera | Safari iOS | Samsung Internet

Except for essential cookies, all cookies will expire after a period of time.

LINKS TO OTHER WEBSITES AND SERVICES

The ESCO Websites may contain links to other sites that are not under our control. These Websites have their own policies regarding privacy. You should review those policies when visiting the Websites. ESCO has no responsibility for linked Websites and is not responsible for the content of any such site. ESCO provides these links solely for the convenience and information of our visitors.

SECURITY

ESCO operates secure data networks protected by industry standard firewall and password protection systems. Our security and privacy policies are periodically reviewed and enhanced as necessary and only authorized individuals have access to the information provided by our customers. Unfortunately, the transmission of information via the internet is not completely secure. Although we do our best to protect your personal information, we cannot guarantee the security of your personal information transmitted to our Website. Any transmission of personal information is at your own risk.

ENTIRE AGREEMENT

The Terms of Use and our Privacy Policy constitute the sole and entire agreement between you and ESCO with respect to the Website and supersede all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral, with respect to the Website.

YOUR CALIFORNIA PRIVACY RIGHTS

California Civil Code Section 1798.83 permits users of our site who are California residents to request certain information regarding our disclosure of personal information to third parties for their direct marketing purposes. To make such a request, please write us at the address listed below.

FOR RESIDENTS OF THE EUROPEAN UNION OR SWITZERLAND:

TRANSFER OF INFORMATION

The information we collect from you may be transferred to, stored at, and processed in destinations outside of the country in which you are located and may be accessible to the governments of such destinations under local law. This includes processing by us, our affiliates, our third-party payment processing companies, and other third parties as necessary to provide our services to you and as described above. You agree to such transfer, storing, and/or processing of your personal data outside of the country in which you are located.

LEGAL BASIS FOR DATA PROCESSING

We process personal data for the purposes set out in this Privacy Policy, as described above. Our legal basis to process personal data includes processing that is:

  • Necessary for the performance of the contract between you and ESCO (to provide you with products and other services that you request, or for resolving billing or customer service inquiries related to your use of our products or services);
  • Necessary to comply with legal requirements (for example, to comply with applicable accounting rules or to make mandatory disclosures to law enforcement);
  • Necessary for our legitimate interests (for example, to manage our relationship with you and to improve the website and our services);

In some instances, you may be required to provide us with personal data for processing as described above, in order for us to be able to provide you with all of our products and services, and for you to use all the features of our website.

Your use of this website and any dispute arising out of such use of the website is subject to the laws of the United States

TERMS OF USE INTRODUCTION

Earserv.com and Earservpro.com (each referred to herein as the “Website”) are owned and operated by ESCO – Ear Service Corporation, d/b/a ESCO. The following terms and conditions (these “Terms of Use”), govern your access to and use of this Website, including any content, functionality and services offered on or through the Website. Your use of this Website is conditioned upon your acceptance of these Terms of Use. If you do not agree to these terms and conditions, you are not authorized to access or use this Website. We may revise and update these Terms of Use from time to time in our sole discretion. All changes are effective immediately when we post them. Your continued use of the Website following the posting of revised Terms of Use means that you accept and agree to the changes. You are expected to check this page from time to time so you are aware of any changes, as they are binding on you.

ACCEPTABLE USE

ESCO grants you permission to access and use this Website for your personal, non-commercial purposes only. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store or transmit any of the material on our Website, except as follows:

  • Your computer may temporarily store copies of such materials in RAM incidental to your accessing and viewing those materials.
  • You may store files that are automatically cached by your Web browser for display enhancement purposes.
  • You may print or download pages of the Website for your own personal, non-commercial use and not for further reproduction, publication or distribution.
  • If we provide social media features with certain content, you make take such actions as are enabled by such features.

PROHIBITED USES

You agree that you will not:

  • Use the Website in any way that violates any applicable federal, state, local or international law.
  • Use the Website to engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Website, or which, as determined by us, may harm ESCO or users of the Website or expose them to liability.
  • Use the Website in any manner that could disable, overburden, damage, or impair the site or interfere with any other party’s use of the Website.
  • Use any robot, spider or other automatic device, process or means to access the Website for any purpose, including monitoring or copying any of the material on the Website.
  • Use any manual process to monitor or copy any of the material on the Website or for any other unauthorized purpose without our prior written consent.
  • Use any device, software or routine that interferes with the proper working of the Website.
  • Introduce any viruses, trojan horses, worms, logic bombs or other material which is malicious or technologically harmful.
  • Attempt to gain unauthorized access to, interfere with, damage or disrupt any parts of the Website, the server on which the Website is stored, or any server, computer or database connected to the Website.
  • Attack the Website via a denial-of-service attack or a distributed denial-of-service attack.
  • Otherwise attempt to interfere with the proper working of the Website.

INTELLECTUAL PROPERTY

This Website and all of its contents, features and functionality (including but not limited to the information, software, text, displays, images, video and audio, and the design, selection and arrangement thereof) are the property of ESCO and its licensors and other suppliers of such material and are protected by U.S. and international copyright, trademark and other intellectual property rights laws.

TRADEMARKS

The ESCO name and all related names, logos, product and service names, designs and slogans are trademarks of ESCO or its affiliates or licensors. You must not use such marks without the prior written permission of ESCO. All other names, logos, product and service names, designs and slogans on this Website are the trademarks of their respective owners.

DISCLAIMER OF WARRANTIES

You understand that we cannot and do not guarantee or warrant that files available for downloading from the internet or the Website will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our site for any reconstruction of any lost data.

WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT.

YOUR USE OF THE WEBSITE, ITS CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE IS AT YOUR OWN RISK. THE WEBSITE, ITS CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER ESCO NOR ANY PERSON ASSOCIATED WITH ESCO MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY OR AVAILABILITY OF THE WEBSITE. WITHOUT LIMITING THE FOREGOING, NEITHER ESCO NOR ANYONE ASSOCIATED WITH ESCO REPRESENTS OR WARRANTS THAT THE WEBSITE, ITS CONTENT OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL BE ACCURATE, RELIABLE, ERROR-FREE OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.

ESCO HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT AND FITNESS FOR PARTICULAR PURPOSE.

THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

LIMITATION ON LIABILITY

IN NO EVENT WILL ESCO, ITS AFFILIATES OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE WEBSITE, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE WEBSITE OR SUCH OTHER WEBSITES OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR SUCH OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORESEEABLE.

THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

INDEMNIFICATION

You agree to defend, indemnify and hold harmless ESCO, its affiliates, licensors and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including reasonable attorneys’ fees) arising out of or relating to your violation of these Terms of Use or your use of the Website, including, but not limited to, any use of the Website’s content, services and products other than as expressly authorized in these Terms of Use or your use of any information obtained from the Website.

GOVERNING LAW AND JURISDICTION

All matters relating to the Website and these Terms of Use and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of the State of Minnesota without giving effect to any choice or conflict of law provision or rule (whether of the State of Minnesota or any other jurisdiction). Any legal suit, action or proceeding arising out of, or related to, these Terms of Use or the Website shall be instituted exclusively in courts situated in the State of Minnesota, and you consent to the jurisdiction of such courts.

WAIVER AND SEVERABILITY

No waiver by ESCO of any term or condition set forth in these Terms of Use shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of ESCO to assert a right or provision under these Terms of Use shall not constitute a waiver of such right or provision.

If any provision of these Terms of Use is held by a court or other tribunal of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms of Use will continue in full force and effect.

CHANGES TO THIS STATEMENT

ESCO will occasionally update this Terms of Use statement to reflect company and customer feedback. If any substantial changes are made to the ways in which your personal information is used, we will notify you by posting a prominent announcement on our web pages. We will also revise the “last updated” date at the top of this statement and our Privacy Policy.

CONTACT US

If you have questions about the Terms of Use, Privacy Policy or your experience with any of our sites, please contact us.