This privacy policy (the “Notice” or “Policy”) applies to information gathered by e3 Diagnostics when you interact with us, whether in person or online, including, but not limited to through our products and services, while participating in a e3 Diagnostics sponsored event and while visiting websites and mobile applications controlled by e3 Diagnostics (collectively “Services”), including www.mye3shop.com and www.e3diagnostics.com. This policy is directed to a US audience only.

We respect your privacy and we are dedicated to being transparent about how we use your personal information. This privacy policy explains how we collect and use your personal information. In this privacy notice, "we", "us" and "our" means e3 Diagnostics

This privacy policy describes information we collect from and about you. We collect information that could reasonably be linked, directly or indirectly, with a particular consumer or household ("personal information"). By disclosing your personal information to us, using our Services or interacting with us offline, you consent to our collection and use of your personal information in a manner that is consistent with applicable law and this Privacy. Your continued use of our Services indicates your consent to the Privacy Policy then posted.

We may change this privacy policy from time to time, so please check back when you use our Services to make sure that you have seen the most recent version. Your continued use of our Services following the posting of changes constitutes your acceptance of such changes.

This Policy does not apply to workforce-related personal information collected as part of our employee recruiting activities. For information about our privacy practices relating to job applicants who are California residents, please contact us at usprivacy@demant.com.

You Consent to this Notice

You should read this Notice carefully, so that you understand our privacy practices.  By accessing, browsing, downloading, or otherwise using the Services, you confirm that you have read, understood, and agreed with this Notice.  If you do not agree to this Notice, you may not use the Services.

This Notice applies regardless of how the Services are accessed and will cover any technologies or devices by which we make the Services available to you.

We may provide you with additional privacy notices where we believe it is appropriate to do so. It is important that you read this Statement together with any other privacy notice or terms we may provide on specific occasions, so that you are fully aware of how and why we are using your data.  This Notice supplements these other notices and is not intended to override them.

Your use of our Services, and any dispute over privacy, is subject to this Policy and our Terms of Use incorporated by reference into this Policy.

If you have any questions or concerns about our personal information policies or practices, you can contact us in the methods described in the “Contact Us” section below.

What Types of Information Do We Collect?

We collect information you voluntarily provide directly to us, information that we collect automatically when you interact with the Services, and information collected from third parties. The categories of personal information that we collect and the purposes for which we collect that information are described below:

• Contact Information, including name, address, e-mail address, and telephone number
• Digital activity information while accessing the Services, such as username, password, and IP address.
• Cookies, which are files sent by us to your computer and may store information about you, which we can access when you visit our website
• Commercial History, including information regarding the purchases you have made through our Services. We collect this information for the purposes of account creation and management, advertising and marketing, analytics and research, customer service, and website security and maintenance.
• Communications Information, including information that you submit to us when you contact us for customer service or other purposes. This information includes your Contact Information and the contents of any communications you send to us. We collect this information for the purposes of providing our Services, customer service, and internal analytics and research.

How We Use the Personal Information

We use personal information we collect about you or that you provide to us in the following ways:

• To present our Services and its contents in a suitable and effective manner for you and your device;
• To provide our Services to you, including but not limited to purposes such as order fulfilment, shipping, and returns.
• To contact you to provide you with information or services that you request from us;
• To advertise opportunities, services, or special events that we think may be of interest to you;
• To provide customer support, troubleshoot issues, manage accounts, and respond to requests, questions, or comments;
• To carry out our obligations and enforce our rights arising from any contracts; and
• To notify you about any additions, upgrades, or changes in our services.

Third Party Payment Processing

We use third-party payment processors, Adyen, Chase Orbital and Eventbrite to process payments made to us. In connection with the processing of such payments, we do not collect, store, or process any Personal Information or any financial information, such as credit card numbers. Rather, all such information is provided directly to the respective third-party payment processor, whose use of your personal information is governed by its privacy policy. You agree to your Personal Information being transferred, stored, and processed by the third-party processor in accordance with it’s privacy policy. The Adyen privacy policy may be viewed at https://www.adyen.com/privacy-policy; the Chase Orbital privacy policy may be viewed at https://www.chase.com/digital/resources/privacy-security/privacy/online-privacy-policy; and the Eventbrite privacy policy may be viewed at https://www.eventbrite.com/help/en-us/articles/460838/eventbrite-privacy-policy/.

How Do We Use “Cookies” and Other Tracking Technologies?

We may send one or more Cookies to your computer or other device.  We may also use other similar technologies such as tracking pixels, tags, or similar tools when you visit our Services. 

Cookies are small files created by websites, including our Services, that reside on your computer’s hard drive and that store information about your use of a particular website.  When you access our Services, we use Cookies and other tracking technologies to:

• Estimate our audience size and usage patterns;
• Store information about your preferences, allowing us to customize our Services according to your individual needs;
• Contact you to provide you with information or services that you request from us;
• Advertise new content, events, and services that relate to your interests;
• Provide you with more personalized content that is most relevant to your interest areas; and
• Recognize when you return to our Services.

How long do cookies stay on my device?

Some Cookies operate from the time you visit the Services until the end of that particular browsing session. These Cookies, which are called “Session Cookies,” expire and are automatically deleted when you close your Internet browser. Some Cookies will stay on your device between browsing sessions and will not expire or automatically delete when you close your Internet browser. These Cookies are called “Persistent Cookies” and the length of time they will remain on your device will vary from Cookie to Cookie. Persistent Cookies are used for a number of purposes, such as storing your preferences so that they are available for your next visit and to keep a more accurate account of how often you visit the Services, how your use of the Services may change over time, and the effectiveness of advertising efforts.

Managing your cookies

It may be possible to block Cookies by changing your Internet browser settings to refuse all or some Cookies.  If you choose to block all Cookies (including Essential Cookies), you may not be able to access all or parts of the Services. 

You can find out more about Cookies and how to manage them by visiting www.AboutCookies.org.

Does the website respond to “do not track” signals?

At this time, our website does not respond differently based on a user’s Do Not Track signal.

How Long Your Personal information Is Kept

We will retain your personal information until the personal information is no longer necessary to accomplish the purpose for which it was provided.  We may retain your personal information for longer periods for specific purposes to the extent that we are obliged to do so in accordance with applicable laws and regulations, to protect you, other people, and us from fraud, abuse, and unauthorized access, as necessary to protect our legal rights, or for certain business requirements.

We will delete your personal information when it is no longer necessary for the purpose for which it was collected, or upon your request, subject to exceptions as discussed in this Notice or under applicable law, contract, or regulation.

Where Your Personal Information Is Held

We process personal information on our servers in the United States of America, and may do so in other countries.  If you use our Services or otherwise provide us with information from outside of the United States, you expressly consent to the transfer of your data to the United States, the processing of your data in the United States, and the storage of your data in the United States.

Children’s Privacy

Our Services are intended for a general audience and not directed at children under (13) years of age. We do not knowingly gather personal information (as defined by the U.S. Children’s Online Privacy Protection Act, or “COPPA”) in a manner not permitted by COPPA. If a person under 13 submits information through any part of our Service, and we learn the person submitting the information is a child, we will attempt to delete this information as soon as possible unless we have received consent from the child’s parent or guardian. If you are a parent or guardian and you believe we have collected information from your child in a manner not permitted by law, contact us as set out in the “Contact Us” Section below. We will remove the data to the extent required by applicable laws.

SMS Disclosures

If you consent to receive SMS communications from us, you agree to receive text message SMS from us. Message & data rates may apply. Message frequency may vary. Reply STOP to opt-out or reply HELP for support. We do not share your phone number or SMS consent information with third parties or affiliates for marketing purposes. For more information, please see our Terms of Use.

Notice to California residents

California residents are entitled to certain rights and disclosures under the California Consumer Privacy Act as amended by the California Privacy Rights Act (“CCPA”).

What information do we collect?

We have collected the following categories (as defined by the CCPA) of Personal Information from users within the last 12 months for the purposes listed below.

Category1	Examples	Collected
A. Identifiers	A real name, alias, postal address, unique personal identifier, online identifier, Internet Protocol address, email address, account name, or other similar identifiers.	Yes
B. Personal Information	A name, signature, physical characteristics or description, address, telephone number, passport number, driver’s license or state identification card number, insurance policy number, education, employment, employment history, bank account number, credit card number, debit card number, or any other financial information, medical information, or health insurance information. Some personal information included in this category may overlap with other categories.	Yes
C. Protected Classification Characteristics Under California or Federal Law	Age (40 years or older), race, color, ancestry, national origin, citizenship, religion or creed, marital status, medical condition, physical or mental disability, sex (including gender, gender identity, gender expression, pregnancy or childbirth and related medical conditions), sexual orientation, veteran or military status, genetic information (including familial genetic information).	No
D. Commercial Information	Records of personal property, products or services purchased, obtained, or considered, or other purchasing or consuming histories or tendencies.	Yes
E. Biometric Information	Genetic, physiological, behavioral, and biological characteristics, or activity patterns used to extract a template or other identifier or identifying information, such as, fingerprints, faceprints, and voiceprints, iris or retina scans, keystroke, gait, or other physical patterns, and sleep, health, or exercise data.	No
F. Internet or Other Similar Network Activity	Browsing history, search history, information on a consumer’s interaction with a website, application, or advertisement.	Yes
G. Location Data	Physical location or movements such as those indicated by IP address.	No
H. Sensory Data	Audio, electronic, visual, thermal, olfactory, or similar information.	No
I. Professional or Employment-Related Information	Professional information ordinarily collected as part of standard business to business relationships, including business contact information and communications.	Yes
J. Non-Public Education Information	Education records directly related to a student maintained by an educational institution or party acting on its behalf, such as grades, transcripts, class lists, student schedules, student identification codes, student financial information, or student disciplinary records.	No
K. Inferences Drawn of the Consumer	Inferences drawn from personal information identified above to create a profile about a consumer reflecting a consumer’s preferences, characteristics, psychological trends, predispositions, behavior, attitudes, intelligence, abilities, and aptitudes.	No
L. Sensitive Personal Information	Personal information that reveals (a) Social Security, driver’s license, state identification card, or passport number; (b) account log-in, financial account, debit card, or credit card number in combination with any required security or access code, password, or credential allowing access to an account; (c) precise geolocation; (d) racial or ethnic origin, religious or philosophical beliefs, or union membership; (e) the contents of a consumer’s mail, email, and text messages unless the business is the intended recipient of the communication; or (f) genetic data. Biometric information processed for the purpose of uniquely identifying a consumer, personal information collected and analyzed concerning a consumer’s health, sex life, or sexual orientation. Some Sensitive Personal Information included in this category may overlap with other categories.	Yes

Please note that we may implement a chat bot or similar customer service communication tool to assist you as you navigate our website. This tool will collect any information that you enter into it, including or in addition to the categories of information described above. Please note that the information you provide through any such chat bot may processed by our service providers who make the feature available. By using any such chat bot you consent to such disclosures.

Sources from Which Personal Information Is Collected

We collect your personal information directly from you, from your interaction with the Site, from publicly available sources, and from third parties which collect the personal information directly from you.

Retention of Your Personal Information

We will retain your personal information until the personal information is no longer necessary to accomplish the purpose for which it was provided. We may retain your personal information for longer periods for specific purposes to the extent that we are obliged to do so in accordance with applicable laws and regulations, to protect you, other people, and us from fraud, abuse, an unauthorized access, as necessary to protect our legal rights, or for certain business requirements.

We will delete your personal information when it is no longer necessary for the purpose for which it was collected, or upon your request, subject to exceptions as discussed in this Statement or under applicable law, contract, or regulation.

Business or Commercial Purposes for Which Personal Information Is Collected

Your personal information is used for the following purposes:

• To present our Services and its contents in a suitable and effective manner for you and your device;
• To provide our Services to you, including but not limited to purposes such as order fulfilment, shipping, and returns.
• To contact you to provide you with information or services that you request from us;
• To advertise opportunities, services, or special events that we think may be of interest to you;
• To provide customer support, troubleshoot issues, manage accounts, and respond to requests, questions, or comments;
• To carry out our obligations and enforce our rights arising from any contracts; and
• To notify you about any additions, upgrades, or changes in our services.

Third Parties with Whom Personal Information Is Disclosed, Shared, or Sold

In the preceding 12 months, we have disclosed the following personal information about consumers for business purposes:

• We disclose personal information in certain categories with service providers that allow us to provide our Services.
• We may disclose all of your information, including your personal information, with our subsidiaries and affiliates in connection with providing the Services to you or otherwise in connection with business operations.

In the preceding twelve (12) months, we have not sold the personal information of any consumer for monetary consideration. However, our use of cookies and other tracking technologies may be considered a sale of personal information under the CCPA. Categories of third parties to whom personal information is sold under the CCPA include data analytics providers and advertising and marketing providers.

We do not have actual knowledge that we sell or share the personal information of consumers under sixteen (16) years of age.

Sensitive Information

Where we are required to collect and or process your sensitive personal information, we will provide you with clear notice of this collection and processing. Additionally, we will only use the sensitive personal information for the specific purpose for which it was collected. 

We do not collect, process, or disclose sensitive personal information, as defined under the CCPA, for purposes other than those specified in Section 7027 of the CCPA regulations. 

Individual Rights

1. Right to Know About Personal Information Collected, Disclosed, Shared, or Sold

You have the right to request that we disclose the personal information we collect, use, and disclose about you to third parties. There are two types of Rights to Know requests that you can make:

1. Right to Know (Abbreviated Request): If you make a Right to Know (Abbreviated Request), you will receive the following information about you:
   1. Categories of personal information collected, sold, or shared;
   2. Categories of sources from which personal information is collected;
   3. Categories of third parties to whom the information is sold, shared or disclosed;
   4. Business or commercial purpose for collecting, sharing, or selling personal information;
   5. Categories of personal information disclosed for a business purpose and categories of persons to whom it was disclosed for a business purpose.
2. Right to Know (Specific Pieces of Information Request): If you make a Right to Know (Specific Pieces of Information Request), you will receive the following information about you:
   1. Specific pieces of personal information collected about you.

This information will be provided to you free of charge, unless we determine that your request is manifestly unfounded or excessive. You may request this information twice in a 12-month period.

There are certain exceptions to a consumer’s Right to Know. We will state in our response if an exception applies.

1. Right of Deletion

You have the right to request that we and our service providers delete any personal information about your which we have collected from you upon receipt of a verifiable request. This right is subject to certain exceptions. We will state in our response if an exception applies.

2. Right to Opt-Out of the Sale or Sharing of Personal Information

You have the right to opt-out of the sale or sharing of your personal information by a business subject to certain laws and regulations. You may opt-out of the sale or sharing of your information by accessing our cookie banner and clicking “Do not sell my personal data.”

Please note that opt-out choices may be stored via cookies. If you clear cookies, if your browser blocks cookies, or if you view the page from a different browser or device, your opt-out choice may no longer be logged or recognized.

3. Right to Non-Discrimination

You have the right not to receive discriminatory treatment for exercising the privacy rights conferred by California law. We will not discriminate against you because you exercised any of your privacy rights, including, but not limited to, by: denying goods or services to you; charging different prices or rates for goods or services, including through the use of discounts or other benefits or imposing penalties; providing a different level of quality of goods or services to you; or suggesting that you will receive a different price or rate for goods or services or a different level or quality of goods or services. We will also not retaliate against any employee, applicant for employment, or independent contractor for exercising their rights under the CCPA.

4. Right of Correction

If we maintain inaccurate personal information about you, then you have the right to request that we correct the inaccurate personal information upon receipt of a verifiable request. Taking into account the nature of the personal information and purposes of processing the personal information, you have the right to request that we correct inaccurate personal information about you, if applicable.

5. Right to Limit Use and Disclosure of Sensitive Personal Information

If we process Sensitive Personal Information, we will only do so for the purposes specifically authorized by California law and in a manner that is necessary and proportionate for those purposes. As such, we do not perform any processing for which a Right to Limit request is available.

Submitting Requests

You can submit your request by emailing us at usprivacy@demant.com. We will endeavor to respond to your requests as quickly as possible.

Verifying Requests

To ensure the protection of your personal information, we must verify that the individual submitting a request to know, request to delete, or request to correct is the consumer to whom the request relates prior to processing the request. To verify a California consumer’s identity, we may request up to three pieces of personal information about you when you make a request to compare against our records. We may also request that you sign a declaration under the penalty of perjury from the consumer whose personal information is the subject of the request.

Authorized Agents

You may choose a person or a business registered with the California Secretary of State that you authorize to act on your behalf to submit your requests (“Authorized Agent”). If you choose to use an Authorized Agent, we require that you provide the Authorized Agent with written permission to allow them to submit your request and that you verify your identity directly with us. Failure to do so may result in Toho denying your request.

Making a verifiable consumer request does not require you to create an account with us.

We will only use personal information provided in your request to verify your identity and will delete any information you provide after processing the request. We reserve the right to take additional steps as necessary to verify the identity of California consumers where we have reason to believe a request is fraudulent.

Contact Us

If you have any questions about this Privacy Policy, please contact us by email at usprivacy@demant.com.

¹ Categories of personal information are as defined in Cal. Civ. Code. § 1798.140(v).