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Privacy Notice

Last updated: 07.07.2020

THIS NOTICE DESCRIBES HOW PERSONAL INFORMATION ABOUT YOU MAY BE USED AND DISCLOSED, HOW YOU CAN GET ACCESS TO THIS INFORMATION AND WHICH RIGHTS YOU HAVE. PLEASE REVIEW IT CAREFULLY.

This Privacy Notice describes the following:

  • The personal data that Sonova collects from and about you through the myPhonak application (“the Mobile Application” or "Mobile App") or myPhonak Web Portal together with all related technology to access or otherwise use the Mobile Application (“Mobile Service”) as described below.

  • How we use and protect your personal data.

  • The choices you have about how we use your personal data.

  • How you can exercise your rights according to applicable laws.

This privacy notice is in line with the EU General Data Protection Regulation (GDPR), the Swiss Federal Data Protection Act (FDPA), the United States Health Insurance Portability and Accountability Act (as amended from time to time) (“HIPAA”) and other applicable data protection laws that may apply to you. In the United States, any reference to HIPAA under this Privacy Notice to personal data shall apply to your personal data that fits the definition of Protected Health Information under HIPAA. Protected Health Information is any piece of information in an individual’s medical record that was created, used, or disclosed during the course of diagnosis or treatment that can be used to personally identify you.

If you are unwilling to accept the terms and conditions of this Privacy Notice, we ask you to not use this Mobile Application and/or the Mobile Service. By using the Mobile Application or the Mobile Service, you agree to the terms of this Privacy Notice. When you submit information via the Mobile Service, you provide consent to the collection, use and disclosure of that information in accordance with this Privacy Notice.

We reserve the right to occasionally update this Privacy Notice. At such time, we will also revise the “last updated” date shown in this Privacy Notice. We reserve the right to apply the terms of any updated Privacy Policy to the all personal data that we maintain. We shall inform you about changes to a revised Privacy Notice by posting on the website and in the app. We recommend that you periodically review this Privacy Notice.

1. Controller, Data Privacy Team and contact details

The Controller for the processing of personal data as described in this Privacy Notice is Sonova AG, Laubisrütistrasse 28, 8712 Stäfa, Switzerland (www.sonova.com). In the event of questions about: (i) access to your personal data or the exercise of your rights in general; (ii) our collection, use, management or disclosure of personal data or (iii) this Privacy Notice, please contact our Data Privacy Team at privacy@sonova.com or +41 58 928 01 01.

2. Description of Mobile Service

a. Mobile App

The Mobile App is an app for consumers with a smartphone and is available for iOS and Android. It includes the following features:

Basic Remote Control of your hearing aid, i.e. based on the setting of your hearing aid and hearing aid type, you can control your hearing aid remotely, e.g. adjust its volume.

Perform fine adjustments of your hearing aids, e.g. control amplification levels of low, mid, and high frequencies, noise reduction level, strength of speech focus.

Display status information about your hearing aids., i.e. hearing aid model, wearing time, battery state, accessories connected to your hearing aid.

Remote Support by your hearing care professional (only available in certain countries and through selected hearing care professionals).

Hearing Diary, i.e. to perform listening tasks, give a feedback and communicate with your hearing care professional (only available in certain countries and through selected hearing care professionals).

b. myPhonak Web Portal

The myPhonak web portal is a browser-based website and application running on most common web browsers and compatible with most common devices such as desktop PCs, tablet and mobile phones.

Registration on the myPhonak Web Portal enables the usage of Remote Support and Hearing Diary to get support and adjustment of your hearing aids by your hearing care professional via the Internet. 

 

For your convenience, we also offer you further options on the myPhonak Web Portal like registration of your hearing aids or sign-up for product information news.

3. What personal data do we gather and why?

We use your personal data to provide the Mobile Service and product support for you and, if you have opted in for this option, to personalize your experience. If you allow, we may also use your data in a de-identified form to improve our services.

a. myPhonak app

When you use the app, the data processed by us includes:

  • identification of your hearing aids, which may include the product name, version, performance level, serial number and other information specific to your hearing aid

  • information stored on your hearing aid by your hearing care professional, which includes diagnostics data about your hearing loss (such as audiogram), your date of birth, age and gender

  • adjustment settings created by you for your hearing aid

This data is required to adjust your hearing aid according to your preferences to achieve the best possible hearing comfort and performance in various situations as well as to provide you with the Remote Support and Hearing Diary services.

To be able to offer you Remote Support, we need to exchange some technical data you provide with the use of the Mobile App with your hearing care professional, who needs access to your hearing aids for the remote fitting. Such data is technical data like the hearing aid connection status with the phone or the audio and video data to support the session.

To be able to offer you the Hearing Diary, we need to exchange the communication data you submit (like feedback, ratings or listening task status as well as your hearing aid usage) with your hearing care professional.

To protect your data and the data of other users and ensure availability of the Mobile Service, we monitor and log operational events generated by our systems for technical analysis, malicious activity detection and incident response. Your IP address and online activity may be processed for this purpose.

b. myPhonak Web Portal

To use the Remote Support and Hearing Diary services, you may be required to create a user account with Sonova on the myPhonak Web Portal and to log in. This is necessary for security, to prove your identity to Sonova and to the hearing care professional when using these services. For that purpose, on behalf of your hearing care professional, we collect and process your personal data such as your name, email address, country, preferred language and model of your hearing aids. Some of this data we may receive directly from your hearing care professional.

In case you choose to use additional optional services like product support or personalization of your experience, you may also provide us with further personal data such as your date of birth, your address or your hearing aid serial number.

c. Analytics for product and service improvement

To develop future features and products for you and do research and evaluations, we rely on data collected from our existing products and services. Such data may contain information about:

  • Your mobile device (e.g. device brand, operating system version, IP address, app version, language settings, country, your Mobile ad ID or Android ID)

  • The Mobile App and its usage (e.g. version, app store, user interactions with Mobile App and app crashes);

  • Your hearing aid (e.g. product identification, hearing aid serial number, Bluetooth name);

  • Your usage of the hearing aids (e.g. wearing time in different acoustic environments, battery charging cycles, your interactions with the hearing aid such as remote control and adjustments);

  • Your level of body activity, e.g. number of steps and body position (only if you explicitly agree to submit such information);

  • Your usage of our websites.

Immediately after the collection, the data is de-identified on our systems. Any processing for the analytics is performed only with de-identified data. You can opt-in to such data collection during the Mobile App setup process or opt-in and opt-out later in the settings of the Mobile App.

Cookies and Usage Tracking

We use cookies, i.e. small text files that are automatically placed on your computer’s hard drive when you visit our web pages, to store your preferences and settings and to enable you to register to websites and applications.

We also use Google Analytics, a service, which also uses cookies and similar technologies to track and analyze your usage of the Mobile Service. Google will retain ID-associated data for a period of 60 days, afterwards personal data will be aggregated. For further information about how Google processes your data when you use the Mobile App, please read www.google.com/policies/privacy/partners.

You have the right to choose whether or not to accept cookies and to opt out of Google Analytics. You can block cookies by changing your browser settings so that cookies from the website cannot be placed on your computer or mobile device. However, please note that if you choose to refuse certain functional cookies, you may not be able to use the full functionality of myphonak.com website. For further information about how we use browser cookies, please visit the Cookie Policy on our website at https://www.phonak.com/us/en/cookie-statement.html. For general information about managing cookies, please go to the All About Cookies website (http://www.allaboutcookies.org/manage-cookies/). For more information about Google Analytics or to opt out of Google Analytics, please go to https://tools.google.com/dlpage/gaoptout.

Google Firebase (App usage data such as IP address, Session time, Screens visited): Sonova uses Google Firebase, a service offered by Google Inc. (“Google”), which helps us generating aggregated statistics about the usage of the App. For this purpose, your Mobile ad ID (a persistent identifier that is different for each app) or Android ID and other information (such as operation systems, updates or region) will be transmitted to Google Firebase. Google Firebase uses cookies, stored on your Mobile App, to analyze your usage of the App. Google will retain ID-associated data for a period of 60 days, afterwards personal data will be aggregated. For further information about how Google processes your data when you use our App, please read www.google.com/policies/privacy/partners. You can opt in to the Google Firebase during the onboarding process and opt in or opt out in the settings of this app.

4. Automated decision-making and Profiling

The Mobile Service does not use any automated decision-making processes nor profiling.

5. Who do we share your personal data with?

We only share, or otherwise disclose, your personal data to your hearing care professional (only if you use the Remote Support or Hearing Diary features) and our subsidiaries, affiliated companies or other trusted business partners providing services on our behalf, such as for technical support, to evaluate the usefulness of our websites and applications, for marketing purposes (if we have your consent). We have contracts in place with these parties to ensure that personal data is processed based on our instructions and in compliance with this Privacy Notice and any other appropriate data protection and security measures.

We only share your personal data with these parties and other third parties mentioned above, including governmental authorities, as far as this is necessary to provide any services that you have requested or authorized, to protect your, our or others’ rights, property or safety, to maintain the security of our services or if we are required to do so because of applicable laws, court or other governmental regulations, if such disclosure is otherwise necessary in support of any legal or criminal investigation or legal proceeding or where it is necessary for the purpose of a prospective business transaction if the information is necessary to determine whether to proceed with the transaction or to complete the transaction, or a completed business transaction where the information is necessary to carry on the activity that was the object of the transaction, such as the purchase, sale or other acquisition or disposition of an organization or a part of an organization, or any of its assets or any other arrangement between two or more organizations to conduct a business activity.

Where obliged or permitted to disclose personal data without consent, we will not disclose more personal data than is required. To the extent we are legally permitted to do so, we will take commercially reasonable steps to notify you in the event that we are required to provide your personal data to third parties as part of a legal process.

Please note that the above-mentioned Sonova affiliates and subsidiaries, as well as authorities, customers and suppliers to whom we may disclose your personal data, may be located outside of your country of domicile, potentially including countries such as the United States, whose data protection laws may differ from those in the country in which you are located. In such cases, we will ensure that appropriate safeguards are in place to protect your personal data by implementing appropriate legal mechanisms, such as EU Standard Contractual Clauses and/or the clauses required by HIPAA.

Third-Party service providers (“Data Processors”) we use and the business operations they perform:

  • Microsoft (hosts cloud services needed to provide you with the myPhonak Service and used by Sonova to store the analytics data)

  • Salesforce (hosts your user accounts)

  • Sendgrid (used to send emails to you on behalf of your hearing care professional)

  • Twilio and/or Xirsys (provides infrastructure for video, audio and data communication between you and your hearing care professional)

  • Adobe Campaign Manager (used by Sonova for marketing campaigns via myPhonak Web Portal)

  • Google Inc. (used to provide messaging service for Hearing Diary and to collect the analytics data)

  • Survey Monkey (used to collect user satisfaction surveys)

    HOW THE COMPANY MAY USE AND DISCLOSE INFORMATION OBTAINED THROUGH THE MOBILE SERVICE

A. Hearing care professional: As described above, the Mobile Application and Mobile Service are designed to facilitate your interaction with the hearing care professional. The hearing care professional will have access to some or all of the information you submit, including but not limited to your hearing aid information. You should assume that the hearing care professional will be able to see and use all of the information collected through the Mobile Service. The Company is not responsible for how the hearing care professional uses or discloses this information. Any copy of your information accessed by the hearing care professional is subject to any applicable privacy practices of the hearing care professional.

B. Our Use:

Your information may be used by the Mobile Service to provide push notifications and messages to you. Except as otherwise stated, we may use your information to operate the Mobile Service, the Mobile App, to improve the Mobile Service, to customize the Mobile App to your preferences, for research purposes and for any other purpose specified in this Privacy Notice. In addition, we may make use of all information acquired through the Mobile Application and/or Mobile Service that is not in personally identifiable form, e.g. for a better understanding and improvement of our products and services.

We may de-identify your personal information and use such information for purposes of operating, modifying, improving, research, analyzing, combining, developing, promoting or otherwise commercializing the Mobile Application or other Sonova services and products. We may also disclose de-identified data to our partners, e.g. research institutes such as universities for scientific and research purposes or external consultants working for Sonova with the aim to improve services and products offered to you. In no event shall such de-identified information include any personally identifying information.

C. Other Disclosures: We may disclose any of the information you provide:

(i) To contractors or service providers we use to support our business (such as hosting providers, technical support, web analytics and financial institutions), in which case we will require such third parties to agree to use it for the same purposes;

(ii) In the event of a sale, merger, liquidation, dissolution, reorganization, assignment or other transfer of the Company or the business of to which the information relates, in which case we will require any such buyer to agree to treat it in accordance with this Privacy Notice and use it for the same purposes;

(iii) To respond to law enforcement requests and subpoenas, where we believe in good faith that such response is required by applicable laws, court orders, or government regulations; and

(iv) In situations involving threats to the physical safety of any person.

We do not otherwise distribute to third parties your personally identifiable information. However, we will have no liability for disclosure of information obtained due to errors in transmission or the unauthorized intervention of third parties.

6. Where is your data stored?

Your personal data is stored by Sonova AG on servers provided by Microsoft Azure Cloud Services in The Netherlands and on servers provided by Salesforce in Germany in compliance with European and local data privacy laws. Please check https://www.salesforce.com/gdpr/overview/ and https://www.microsoft.com/en-us/TrustCenter/CloudServices/Azure/GDPR for further information. Furthermore, Adobe Campaign Manager stores in Ireland (for European users) and the USA (for North American and Canadian users).

7. Security of your personal data

To help protect your personal data through your use of the Service, we maintain physical, technical and administrative safeguards. We update and test our security technology on an ongoing basis. We restrict access to your personal data to those employees who need to know that personal data to provide the Mobile Service and Mobile Application to you or to those individuals and entities that we are otherwise authorized to disclose under this Privacy Notice or applicable laws. In addition, we train our employees about the importance of confidentiality and maintaining the privacy and security of your personal data. We commit to taking appropriate disciplinary measures to enforce our employees' privacy responsibilities.

8. Retention period

We will retain your personal data for the duration of your relationship with Sonova AG as necessary to fulfil the purposes detailed in this Privacy Notice. Following the fulfilment of the purposes, we will delete your personal data when you choose to delete your account unless a longer retention period is required or permitted by law or regulation. Please check the section about “Your rights with respect to the collection, use and disclosure of your personal data” below for further information.

9. Your rights with respect to the collection, use and disclosure of your personal data

Within the scope of the data protection laws applicable to you and under certain conditions, you may have the right to access your personal data, the right to request the correction or erasure of your personal data or to request the restriction of processing of your personal data. You may have further rights depending on your domicile. E.g., if you reside in the EU, you may further have the right to data portability. Specifically, in the United States under HIPAA, you will have the following specific rights: (1) the right to request restrictions on certain uses and disclosures (and we are not required to agree to a requested restriction in the case of disclosure restricted under HIPAA), (2) the right to receive confidential communications related to your personal data as required under HIPAA, (3) the right to inspect and copy your personal data as required by HIPAA, (4) the right to amend your personal information as allowed under HIPAA, (5) the right to receive an accounting of disclosures of your personal data as required under HIPAA and, (6) the right to receive a paper copy of this notice upon written request in the event you have agreed to receive this notice electronically.

Where the processing of your personal data is based on your consent, you have the right to withdraw your consent at any time by not opting in for that service resp. opt out of it. In this case, we will not continue to process your personal data. Please note, however, that the withdrawal of consent shall not affect the lawfulness of processing based on consent before its withdrawal. In the United States specifically, we will not use your personal data for marketing or any other purposes not specifically allowed under HIPAA or described in this notice and we will not sell your personal data without your prior written consent.

We are required by law to maintain the privacy of your personal data, to provide individuals with notice of our legal duties and privacy practices with respect to your personal data and to notify you in the event of a breach of your personal data. We are required to abide by the terms of the Privacy Policy that are currently in effect.

You can update your contact details, delete your account or withdraw your consent by accessing your account profile at www.myphonak.com. The withdrawal of consent must be made in writing. For all other information or to exercise your rights, please send an e-mail to privacy@sonova.com providing details of your request.

Finally, you may have the right to lodge a complaint to your supervisory authorities. Contact details for all EU National Data Protection Authorities including such for the EFTA can be found here: http://ec.europa.eu/newsroom/article29/item-detail.cfm?item_id=612080. Contact details for the Office of the Privacy Commissioner of Canada can be found here https://www.priv.gc.ca/en/contact-the-opc. In the Unites States, you may complain to Sonova AG or to the Secretary of Health and Human Services if you believe your privacy rights have been violated by submitting a written description of such violation. You will not be retaliated against for such filing. Please also note that we reserve the right to enforce statutory restrictions, for example, if we are obliged to retain or process certain data, have an overriding interest in them, or require the data to assert certain claims.

10. Links to other sites

The Service contains links to other sites that are not operated by us. If you click on these links you will be directed to that third party’s site. We strongly advise you to review the Privacy Policy of every site you visit. We have no control over, and assume no responsibility for the content, privacy policies or practices of any third-party sites or services.

We cannot and do not guarantee, represent or warrant that the content or information contained in third-party sites and resources is accurate, legal, non-infringing or inoffensive. We do not endorse the content or information of any third-party site or resource and, further, we do not warrant that such sites or resources will not contain viruses or other malicious code or will not otherwise affect your computer. By using the Service to search for or link to a third-party site, you agree and understand that we shall not be responsible or liable, directly or indirectly, for any damages or losses caused or alleged to be caused by or in connection with your use of, or reliance on the Service to obtain search results or to link to a third-party site.

11. Children's privacy

Our Service is not intended for use by children under the age of 13 ("Children"). We will not knowingly collect personal data from children under 13. If you are a parent or guardian and you are aware that your child has provided us with personal data without your consent, please contact us. If we become aware that we have collected personal data from a child under age 13 without verification of parental consent, we take steps to remove that personal data from our servers. If a child has provided us with personally identifiable information, a parent or guardian of that child may contact us via email at privacy@sonova.com, if they would like this information deleted from our records. We will use all reasonable efforts to delete the child’s information from our databases.

12. intellectual Property

All trademarks, logos, designs, slogans, and trade dress appearing in the Mobile App and/or the Mobile Service, are owned by Sonova AG, its affiliated companies or their service providers or are used under license. No right or license is granted to use any trademark, service mark or logo displayed in the Mobile App or the Mobile Service or any other intellectual property rights of Sonova or any third party. You should assume that everything you see or read in the Mobile App or the Mobile Service is copyrighted unless otherwise noted and may not be used without our written permission.

13. Disclaimers; Limitation of Liability; Not Medical Advice

You acknowledge and agree that neither the Mobile Application nor the Mobile Service is intended to offer medical advice from Sonova. The Mobile Application and Mobile Service are designed to facilitate your communication with, and treatment by, a hearing care professional, but are not a substitute for the professional judgement of a suitably qualified and trained hearing care professional.

For the United States:

THE MOBILE APPLICATION, MOBILE SERVICE AND THE INFORMATION AVAILABLE THROUGH THE MOBILE SERVICE ARE PROVIDED “AS IS” AND “AS AVAILABLE,” WITHOUT ANY WARRANTY OR GUARANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. SONOVA AG, ITS AFFILIATES AND SERVICE PROVIDERS ARE NEITHER RESPONSIBLE NOR LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE OR OTHER DAMAGES ARISING OUT OF OR RELATING IN ANY WAY TO THE MOBILE APPLICATION OR MOBILE SERVICE, AND/OR CONTENT OR INFORMATION CONTAINED WITHIN THE MOBILE APPLICATION OR MOBILE SERVICE. SONOVA AG SHALL NOT BE HELD LIABLE UNDER THIS AGREEMENT OR OTHERWISE IN CONNECTION WITH THE MOBILE SERVICE OR MOBILE APPLICATION FOR AN AMOUNT MORE THAN $500.