Frequently asked questions

Privacy Policy


Last Updated 10-4-20 YOUR PRIVACY IS IMPORTANT TO US
This privacy policy describes the policies and practices of Ear Whisperer LLC sometimes referred to as (“us,” “we,” or “our”) relating to the information we collect when you visit this website, when you purchase our products. The creation of this Privacy Policy grows from our fundamental respect for your right to privacy and will serve to guide our relationship with you. We value the privacy and security of your “personal information,” which as used herein means information that identifies, relates to, describes, is reasonably capable of being associated with, or could reasonably be linked, directly or indirectly, with you or your household. As such, we take complying with data privacy and security laws very seriously. The purpose of this Privacy Policy is to provide you with a description of our current personal information collection, use, and disclosure practices, which is also the same for the past 12 months. If you provided us with your personal information, or we obtain personal information about you from other sources, we treat your personal information according to this Privacy Policy. HOW YOU ACCEPT THE TERMS AND UPDATES TO THE PRIVACY POLICY
You consent to and agree to be bound by this Privacy Policy by expressly accepting the terms of the Privacy Policy by purchasing our products. From time to time, we will update this Privacy Policy as we adopt new practices and procedures related to your personal information. Any changes to this Privacy Policy will be placed here and will supersede this version. If we make changes to this Privacy Policy, we will revise the “Last Updated and Effective Date” above and, in some cases, we may send you a notice of our changes as well if you have provided us your e- mail or mailing address. THE PERSONAL INFORMATION WE COLLECT ABOUT YOU AND THE REASON FOR THE COLLECTION
We collect the following personal information from you when you purchase our products, and describe the reason why we collect the personal information.
1. Product Purchases: We collect some or all of the following information from our customers when they purchase our products on our website or through other means: name, postal address, phone number, email address, order information, and payment information (e.g., credit card and Pay Pal. This information is collected so that we can process and ship the products you purchased, address customer service issues, and for internal business functions.
2. Marketing: We may collect from you your name, postal address, email address, and phone number for marketing and sales purposes, including, to send advertisements for promotions, and for other sales communications.
3. Website: When you visit our website, we collect your Internet Protocol (“IP”) address, cookies, and information regarding your activities and interactions on our website. We collect this information to communicate the content on our website to you, to learn more about our website users and their preferences, to customize your experience on our website, and to tailor suggestions and advertisements. WHETHER WE SHARE YOUR PERSONAL INFORMATION WITH OTHERS
We do not sell your personal information to third parties. We may, however, share your personal information with services providers who help us provide the Services, such as, shipping, payment processing, marketing and advertising, email, text and other communications, applications, sales, business and inventory support, photography, and website, software, platform, cloud, data storage and other technical services.
We may also share your personal information if necessary to: (1) comply with federal, state, or local laws; (2) comply with a civil, criminal, or regulatory inquiry, investigation, subpoena, or summons by federal, state, or local authorities; (3) cooperate with law enforcement agencies concerning conduct or activity that we reasonably and in good faith believe may violate federal, state, or local laws; or (4) exercise or defend legal claims. Further, we may share non-personal information with other parties who provide and perform Services on our behalf or assist us in analyzing how our Services are used as long as the information has been deidentified or aggregated.
Lastly, we may transfer to a third party personal information as an asset that is part of a merger, acquisition, bankruptcy, or other transaction in which the third party assumes control of all or part of our business. HOW WE PROTECT YOUR PERSONAL INFORMATION
We maintain reasonable security practices appropriate to the nature of the information to protect your personal information from unauthorized access and exfiltration, theft, or disclosure. However, no security system is perfect. We will notify you if there is a breach of our security where required by law or deemed necessary. RETENTION OF PERSONAL INFORMATION Your personal information will be retained for the time required to fulfil the purposes for which it was collected and processed, CHILDREN This website is not intended for or directed at children under the age of 13. In addition, we do not knowingly collect personal information from children under the age of 13. SOCIAL MEDIA SHARING FEATURES This website may offer social media sharing features or other integrated tools, which let you share actions you take on this website with other media, and vice versa. These features may collect information about your IP address and which page you are visiting on our website, and they may set a cookie or employ other tracking technologies. The use of such features enables the sharing of information with your friends or the public, depending on the settings you establish with the third party that provides the social sharing feature. Social media sharing features and widgets are either hosted by a third party or hosted directly on our website. Your interactions with those features are governed by the privacy policies of the companies that provide them. For more information about the purpose and scope of data collection and processing in connection with social media sharing features, please visit the privacy policies of the third parties that provide these features.

NOTICE TO CALIFORNIA RESIDENTS Beginning January 1, 2020, California residents may exercise certain privacy rights under the California Consumer Privacy Act of 2018 (“CCPA”) regarding their personal information. We describe below your rights if you are a California resident.
Right To Know About Personal Information Collected, Disclosed, or Sold
We generally describe in this Privacy Policy our current and past 12-month practices related to the categories of personal information we collect, how we collect and use the personal information, and how we share your personal information. In addition to what is described above, as a California resident, you also have the right to request more information regarding the following topics for the preceding 12 months, to the extent applicable:
1. The categories and specific pieces of personal information we have collected about you.
2. The categories of sources from which we have collected your personal information.
3. The business or commercial purpose why we collected or, if applicable, sold your personal information.
4. The categories of third parties with whom we shared your personal information.
5. The categories of personal information that we have shared with third parties about you for a business purpose.
6. If applicable, the categories of personal information that we sold about you and the categories of third parties who received your personal information in the sale.
You may submit a request for the information above by calling us at 866.829.0030 Monday- Friday from 6am–5pm PST, emailing us at customercare@gorjana.com, or using our contact form. Once you contact us through one of these channels, we will need to confirm your identity to process your request.
Right To Request Deletion Of Your Personal Information You have the right to request that we delete the personal information we collected or maintained about you. Once we receive your request, we will let you know what, if any, personal information we can delete from our records, and we will direct any service providers with whom we shared your personal information to also delete your personal information from their records. There may be circumstances where we cannot delete your personal information or direct service providers to delete your personal information from their records. Some of these instances include, but are not limited to, if we need to: (1) retain your personal information to complete a transaction or provide a good or service; (2) detect security incidents, protect against malicious, deceptive, fraudulent, or illegal activity, or prosecute those responsible for that activity; (3) debug to identify and repair errors that impair existing intended functionality; (4) exercise free speech or ensure the right of another consumer to exercise his or her right to free speech; (5) comply with the law; and (6) use your personal information for internal and lawful purposes. You may submit a request to delete your personal information by calling us at 866.829.0030 Monday-Friday from 6am–5pm PST, emailing us at customercare@gorjana.com, or using our contact form. Once you contact us through one of these channels, we will need to confirm your identity to process your request.
Right to Opt-Out of the Sale of Personal Information We do not and will not sell your personal information to third parties. As such, there is no need to submit a request for us to not sell your personal information. If you have any questions, feel free to contact us at 866.829.0030 Monday-Friday from 6am–5pm PST, emailing us at customercare@gorjana.com, or using our contact form.
Right to Non-Discrimination for the Exercise of Your Privacy Rights We will not discriminate against you for exercising any of your rights under the CCPA, as described above. This includes, but is not limited to: (A) denying good or services to you; (B) charging you different prices or rates for goods or services, including through the use of discounts or other benefits or imposing penalties; (C) providing a different level or quality of goods or services; or (D) suggesting that you will receive a different price or rate for goods or services or a different level or quality of goods or services.
Authorized Agent You may use an authorized agent to submit requests on your behalf to exercise the rights above. When contacting us through the methods above to exercise any of the CCPA rights, please indicate whether you are an authorized agent and we will provide you instructions on how we will verify and process your request.




Terms of Service


Terms of Use Welcome to earwhispers.com! Please take a few minutes to carefully review these Terms of Use and the Privacy Policy, which are hereby incorporated into these Terms of Use. earwhispers.com (the "Website") is owned and operated by Ear Whisperer LLC. By accessing or using this Website, you are agreeing to follow these rules and be bound by these Terms of Use. If you do not agree with any of the provisions in these Terms of Use or in the Privacy Policy, please do not use the Website. Ear Whisperer LLC reserves the right to change these Terms of Use from time to time without prior notice.
USE OF WEBSITE
Subject to your compliance with these Terms of Use, Ear Whisperer LLC allows you to access and make personal and non-commercial use of the Website. You may not use the Website for any resale or commercial use, including without limitation, the use of any information, services or Content (as defined below) on the Website, such as product listings, descriptions, or pricing. You may not make any derivative uses of any information, service or Content on the Website, download or copy any information, service or Content on the Website for the benefit of a third party, or use data mining, robots, bots, or similar data gathering and extraction tools. You agree that you will not use this Website, or any of its Content or services for any illegal or prohibited purpose. You are also prohibited from accessing data not intended for you or logging onto an account that you are not authorized to access; attempting to breach our security measures; interfering in any way with the use of or access to the Website; attempting to decipher, decompile, disassemble or reverse engineer any software used by or on our Website; or using any engine, software, tool or other mechanism, including without limitation, browsers, spiders or robots, to navigate or search our Website. You agree not to forge headers or otherwise manipulate identifiers in order to disguise the origin of any message or transmittal you send to us on or through the Website or any service offered on or through the Website. You agree not to impersonate or pretend that you are any other person or falsely claim you represent another person. All rights not expressly granted to you in these Terms of Use are reserved and retained by Ear Whisperer LLC.
YOUR ACCOUNT
In order to make a purchase, it is recommended to create an account. See the Privacy Policy for information related to the creation of an account. Creating an account allows you to save shipping and billing information for speedy checkout, check order status, review order history, create product wish lists to view online, and manage subscriptions. For your convenience, you may also log in and complete payment using alternative supported platforms. You are solely responsible for maintaining the confidentiality of your account and password and maintaining your account privacy settings, and you agree to accept responsibility for all activities that occur under your account or password.
ELECTRONIC COMMUNICATION
By using the Website, or by sending us emails, you are consenting to receive communications from us electronically. We may communicate with you by e-mail, or by posting notices on the Website. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
INTELLECTUAL PROPERTY OWNED BY EAR WHISPERER LLC
All content made available through the Website, including but not limited to text, information, pricing, graphics, descriptions, copy, page headers, artwork, photographs, images, logos, button icons, audio clips, video clips, data compilations and other content located on the Website (each and collectively, “Content”), is the property of Ear Whisperer LLC and is protected by Georgia, U.S.A. and international laws. The Website, portions thereof, and all Content are protected by copyright laws and may not be copied, modified, reproduced, posted, downloaded, transmitted, displayed, broadcast or distributed in any way, in whole or in part, without the prior written consent of Ear Whisperer LLC. In addition, unless otherwise noted as belonging to a third party, all trademarks, service marks, trade dress, logos and icons on the Website are the exclusive property of Ear Whisperer LLC. All other intellectual property and company names used on this Website not owned by Ear Whisperer LLC are the property of their respective owners. Nothing in these Terms of Use or any other language on this Website is intended to create a license or give you any right to use any of the intellectual property or content on this Website without the express written consent of Ear Whisperer LLC. Ear Whisperer LLC actively enforces its intellectual property rights to the fullest extent of the law.
THIRD PARTY AFFILIATES
We may use third party advertising companies to serve or personalize ads when you visit the Website or thereafter. These companies may use information (not including your name, address, email address or telephone number) about your visits to this and other sites in order to provide advertisements on this site and other sites about goods and services that may be of interest to you. We do not share this information without your consent. We will never sell personally identifying information that you provide on the payment page or when you create an account on our Website (such as credit card information, name, birth date, gender, address, or phone numbers). The Website may reference or provide links to third party websites such as Twitter, Facebook, Pinterest, Instagram, YouTube, LinkedIn and advertisements. Ear Whisperer LLC takes no responsibility and assumes no liability for any content, warranties, representations, purchases, or any statements or activities made on or in connection any third party websites.
BREACH OF SECURITY
Ear Whisperer LLC takes your security information very seriously and will maintain strong practices in protecting your information. However, you understand that there are ways in which third parties can hack into or steal information from any website. You agree that Ear Whisperer LLC is not responsible for any consequences from data breaches, hacking, and the like by third parties accessing information from Ear Whisperer LLC or the Website.
APPLICABLE LAWS AND JURISDICTION
By purchasing goods from this Website, you agree that the offer and sale of those goods takes place in, and will be governed by the laws of the State of Georgia. User access to this Website is governed by all applicable federal, state and local laws. All information available on the Website is subject to U.S. export control laws and may also be subject to the laws of the country where you reside. We make no representation that the Website is appropriate or available for use outside the United States, and access to the Website from territories where its content is illegal is prohibited. If you choose to access the Website from outside the United States, you are responsible for compliance with applicable local laws.
PRODUCT AND PRICING INFORMATION; ERRORS AND OMISSIONS
Information on this Website may contain typographical errors or inaccuracies and may not be complete or current. We therefore reserve the right to correct any errors, inaccuracies, or omissions and to change or update information at any time without prior notice (including after you have submitted your order). Please note that such errors, inaccuracies, or omissions may relate to product descriptions, pricing and availability. We also reserve the right to limit quantities (including after you have submitted your order).
Prices and availability of products on the Website are subject to change without notice. The Website contains many products and it is always possible that, despite our best efforts, some of the products listed on the Website may be incorrectly priced. We are under no obligation to provide the product to you at the incorrect (lower) price, even after we have sent you an Order Confirmation or a Shipping Confirmation, if the pricing error is obvious and unmistakable and could have reasonably been recognized by you as a pricing error. Please be aware that Sale and Off Price Items all sales are final and no pricing adjustments will be granted. We have made every effort to display the colors of our products accurately as they appear on the Website. However, because the colors you see will depend on several factors, including your monitor, we cannot guarantee that your monitor's display of any color will be accurate. We do not warrant that the product descriptions are accurate, complete, reliable, current, or error-free. MOBILE
The Website contains services and features that are available to certain mobile devices. Your carrier's normal rates and fees apply. Not all mobile services or features on our website will work with all carriers or devices. By using our mobile services, you agree that we may communicate with you by electronic means to your mobile device and that certain information about your use of these services may be shared with us. If you change or deactivate your mobile phone number, you must promptly update your account information to ensure that we don't send your messages to a different person.
DISCLAIMER OF WARRANTIES AND LIMITATIONS OF LIABILITY
This Website and any information, products, content, materials, and any services included on or made available to you through the Website are provided on an "as is" and "as available" basis. If there are any problems with the goods shipped to you (such as damage, wrong shipment, etc.), you agree that your rights are limited only to a refund of the price you paid for the damaged goods and that YOU WAIVE ALL OTHER CAUSES OF ACTION OF ANY TYPE OR NATURE OR REMEDIES. If you are dissatisfied with this Website or any of its Content, or with these Terms of Use, your sole and exclusive remedy is to discontinue using this Website. EFFECTIVE DATE AND UPDATES
The effective date of these Terms of Use is August 1, 2020. We may update the Terms of Use at any time in our sole discretion. When it is updated, the updated Terms of Use will be made available on the Website for your convenience. Last Updated October 4, 2020




Return Policy


Please be sure to review product descriptions carefully to ensure the product meets your expectations. All Sales are final. No Refunds, Returns, or Exchanges. Please contact us within 48 hours after receiving your order if any items were damaged during the shipping process. Thanks in advance for your understanding.




Shipping Policy


Please allow 3-5 business days for shipping and handling in the U.S. and 5-10 International. Thank you.