This Privacy Policy is effective as of October 17, 2022

PLEASE READ THIS PRIVACY POLICY CAREFULLY BEFORE USING THIS APPLICATION.

Soundwave Hearing, LLC (“Soundwave,” “us” or “we”) has developed the otoTune^® application (referred to herein as the “App”) to assist in personalizing your Sontro^® OTC hearing aids (“Hearing Aids”) to meet your needs and to adjust them for your listening environment  using your mobile phone. This Privacy Policy describes how we use, share, and protect information that we collect from you through the App. By using the App, you agree to be bound by this Privacy Policy and our otoTune App Terms of Use (“Terms of Use”).

This otoTune App Privacy Policy (“Privacy Policy”) is separate and distinct from and not affected in any way by the Privacy Policy that governs use of the Soundwave Hearing website available at https://hearsoundwave.com/pages/legal.

1.     Privacy Policy Updates

From time to time, Soundwave may need to update this Privacy Policy and reserve the right to do so. If so, we will post our updated Privacy Policy on Soundwave Hearing website available at www.hearsoundwave.com. If we make material changes to this Privacy Policy that affect our collection, use, or sharing of any information that relates to an identified or identifiable individual (“Personal Information”), we will indicate this by publishing our revised policy on the App. Please check this web page often for any changes to our Privacy Policy, which changes may be important to you. Your continued use of the App and/or continued provision of Personal Information to us will constitute your acceptance of such changes and will be subject to the terms of the then-current Privacy Policy.

2. Information That We Collect and Use

We monitor App usage and analyze aggregate demographic and interest data of our visitors. While some mobile applications use these tools to serve advertisements, Soundwave only uses them to analyze user data. Soundwave collects information by analyzing how the App features are used in general. This could be information about how extensively a feature is used and when the feature is typically activated. Soundwave collects information through Google Analytics and the Play Store dashboard (and similar software platforms), including information about how you use the App. This may include information about when you access the App, viewing time on specific pages within the App, the kind of mobile device you are using, the services in use and how they are being used by you. We do not associate any of the App analytics data we collect with you as an identifiable individual.

3. Children’s Privacy

We restrict the use of the App to individuals age 18 and above. We do not knowingly collect, maintain, or use personal information from children under the age of 18. If Soundwave becomes aware that such data has been inadvertently collected, we will delete such data and will terminate the account if the person is under 18.

4. Use of Personal Information

Soundwave may use your Personal Information for the following purposes:

• To provide and maintain the App: including to monitor the usage of the App.
• To manage your account: to manage your registration as a user of the App. The Personal Information you provide can give you access to different functionalities of the App that are available to you as a registered user.
• For the performance of a contract: the development, compliance and undertaking of the purchase contract for the products, items or services you have purchased or of any other contract with us through the App.
• To contact you: to contact you by email, telephone calls, SMS, or other equivalent forms of electronic communication, such as the App’s push notifications regarding updates or informative communications related to the functionalities, products or contracted services, including the security updates, when necessary or reasonable for their implementation.
• To provide you with news, special offers and general information about other goods, services and events which we offer that are similar to those that you have already purchased or enquired about unless you have opted not to receive such information.
• To manage your requests: to attend and manage your requests to us.
• For business transfers: we may use your information to evaluate or conduct a merger, divestiture, restructuring, reorganization, dissolution, or other sale or transfer of some or all of our assets, whether as a going concern or as part of bankruptcy, liquidation, or similar proceeding, in which Personal Information held by us about our App users is among the assets transferred.
• For other purposes: we may use your information for other purposes, such as data analysis, identifying usage trends, determining the effectiveness of our promotional campaigns and to evaluate and improve the App, products, services, and your experience.

5. Retention and Deletion of Your Personal Information

We use reasonable efforts to delete your information from our systems within a reasonable time after your request to do so. We may retain some or all of such information to the extent required by law or as we deem necessary to protect our rights.

Soundwave will retain your Personal Information only for as long as is necessary for the purposes set out in this Privacy Policy. We will retain and use your Personal Information to the extent necessary to comply with our legal obligations (for example, if we are required to retain your data to comply with applicable laws), resolve disputes, for warranty purposes, and enforce our legal agreements and policies.

Soundwave will also retain certain usage data for internal analysis purposes. Usage data is generally retained for a shorter period of time, except when this data is used to strengthen the security or to improve the functionality of the App, or we are legally obligated to retain this data for longer time periods.

You can stop all collection of information by the app easily by uninstalling the app. You may use the standard uninstall processes available as part of your mobile device or via the mobile application marketplace or network.

6. How We Disclose Your Information

We may disclose your Personal Information to those employees, contractors, and affiliated organizations that (i) need to know that information in order to process it on our behalf or to provide services available on the App, and (ii) that have agreed not to disclose it to others. These organizations include, but are not necessarily limited to, third party companies that may be contracted by Soundwave for customer support of the App platform or the Hearing Aids. By using the App, you consent to the transfer of such information to such persons.

We may share aggregated information publicly and with companies, organizations, or individuals outside of Soundwave or with our partners. For example, we may share information publicly to display trends about the general use of our App and Hearing Aids. Although aggregate information does not identify users personally, there is a potential risk that third parties who receive such data from us may use it to re-identify specific users. We require third parties with whom we share aggregate information to agree that they will not attempt to re-identify such information to any particular individual.

Accept as set forth herein, we will not otherwise sell or transfer your Personal Information to any company or organization without your permission. However, we may transfer your information to a successor entity upon a merger, sale, consolidation, or other corporate reorganization to which Soundwave is a party.

Finally, we will disclose your Personal Information (i) when we reasonably believe we are required to do so by law, regulation, or other government authority or when we deem it appropriate or necessary to provide such information to law enforcement authorities; (ii) to enforce our otoTune Terms of Use; (iii) to protect and defend the rights or property of Soundwave; or (iv) to protect the safety of our employees, agents, or users of the app.

7. Do Not Track Signals and Similar Mechanisms

Soundwave does not track visitors to our App across third-party websites for the purpose of providing targeted advertising. Some web browsers may transmit “do-not- track” signals to apps with which the browser communicates. Our App does not currently respond to these “donot-track” signals.

8. Security of Your Information

We are committed to protecting our users’ information. While we take reasonable data protection precautions, no security measures are completely effective, and we do not guarantee the security of user information at any time. We will not be liable for any breach of the security measures on the app or any loss, misuse, or alteration of information resulting therefrom or from communications through the Internet.

9. CCPA Privacy

 This section for California residents supplements the information contained in our Privacy Policy and it applies solely to all visitors, users, and others who reside in the State of California. For purposes of this Section 9, “Personal Data” means any information that identifies, relates to, describes or is capable of being associated with, or could reasonably be linked, directly or indirectly, with you.

Categories of Personal Data Collected

We collect information that identifies, relates to, describes, references, is capable of being associated with, or could reasonably be linked, directly or indirectly, with a particular consumer or device. The following is a list of categories of personal information which we may collect or may have been collected from California residents within the last twelve (12) months.

Please note that the categories and examples provided in the list below are those defined in the CCPA. This does not mean that all examples of that category of personal information were in fact collected by us, but reflects our good faith belief to the best of our knowledge that some of that information from the applicable category may be and may have been collected. For example, certain categories of personal information would only be collected if you provided such personal information directly to us.

Under CCPA, Personal Data does not include: (i) publicly available information from government records; (ii) deidentified or aggregated consumer information; or (iii) information excluded from the CCPA's scope, such as: (a) health or medical information covered by the Health Insurance Portability and Accountability Act of 1996 (HIPAA) and the California Confidentiality of Medical Information Act (CMIA) or clinical trial data; or (b) personal information covered by certain sector-specific privacy laws, including the Fair Credit Reporting Act (FRCA), the Gramm-Leach-Bliley Act (GLBA) or California Financial Information Privacy Act (FIPA), and the Driver's Privacy Protection Act of 1994.

Sources of Personal Data

We obtain the categories of Personal Data listed above from the following categories of sources:

Use of Personal Data for Business Purposes or Commercial Purposes

We may use or disclose Personal Data we collect for "business purposes" or "commercial purposes" (as defined under the CCPA), which may include the following examples:

• To operate the App.
• To provide you with support and to respond to your inquiries, including to investigate and address your concerns and monitor and improve the App.
• To fulfill or meet the reason you provided the information. For example, if you share your contact information to ask a question about the App, we will use that personal information to respond to your inquiry.
• To respond to law enforcement requests and as required by applicable law, court order, or governmental regulations.
• As described to you when collecting your personal information or as otherwise set forth in the CCPA.
• For internal administrative and auditing purposes.
• To detect security incidents and protect against malicious, deceptive, fraudulent or illegal activity, including, when necessary, to prosecute those responsible for such activities.

Please note that the examples provided above are illustrative and not intended to be exhaustive. 

If we decide to collect additional categories of personal information or use the personal information we collected for materially different, unrelated, or incompatible purposes we will update this Privacy Policy.

Disclosure of Personal Information for Business Purposes or Commercial Purposes

We may use or disclose and may have used or disclosed in the last twelve (12) months the following categories of personal information for business or commercial purposes:

• Identifiers
• Personal information categories listed in the California Customer Records statute (Cal. Civ. Code § 1798.80(e))
• Commercial information
• Internet or other similar network activity

Please note that the categories listed above are those defined in the CCPA. This does not mean that all examples of that category of personal information were in fact disclosed, but reflects our good faith belief to the best of our knowledge that some of that information from the applicable category may be and may have been disclosed. 

When we disclose personal information for a business purpose or a commercial purpose, we enter a contract that describes the purpose and requires the recipient to both keep that personal information confidential and not use it for any purpose except performing the contract.

Sale of Personal Information

 As defined in the CCPA, "sell" and "sale" mean selling, renting, releasing, disclosing, disseminating, making available, transferring, or otherwise communicating orally, in writing, or by electronic or other means, a consumer's personal information by the business to a third party for valuable consideration. This means that we may have received some kind of benefit in return for sharing personal information, but not necessarily a monetary benefit.

Please note that the categories listed below are those defined in the CCPA. This does not mean that all examples of that category of personal information were in fact sold, but reflects our good faith belief to the best of our knowledge that some of that information from the applicable category may be and may have been shared for value in return.

We may sell and may have sold in the last twelve (12) months the following categories of personal information:

• Identifiers
• Personal information categories listed in the California Customer Records statute (Cal. Civ. Code § 1798.80(e))
• Commercial information
• Internet or other similar network activity

We do not sell the personal information of consumers we actually know are less than 16 years of age, unless we receive affirmative authorization (the "right to opt-in") from either the consumer who is between 13 and 16 years of age, or the parent or guardian of a consumer less than 13 years of age. Consumers who opt-in to the sale of personal information may opt-out of future sales at any time. To exercise the right to opt-out, you (or your authorized representative) may submit a request to us by contacting us.

If you have reason to believe that a child under the age of 13 (or 16) has provided us with personal information, please contact us with sufficient detail to enable us to delete that information.

Sharing of Personal Information

We may share your personal information identified in the above categories with the following categories of third parties: (i) service providers; (ii) our affiliates; (iii) our business partners; or (iv) third party vendors to whom you or your agents authorize us to disclose your personal information in connection with products or services we provide to you

Your Rights under the CCPA

The CCPA provides California residents with specific rights regarding their Personal Data. If you are a resident of California, you have the following rights:

• The right to notice. You have the right to be notified which categories of personal information are being collected and the purposes for which the personal information is being used.
• The right to request. Under CCPA, you have the right to request that we disclose information to you about our collection, use, sale, disclosure for business purposes and share of personal information. Once we receive and confirm your request, we will disclose to you:
• The categories of personal information we collected about you
• The categories of sources for the personal information we collected about you
• Our business or commercial purpose for collecting or selling that personal information
• The categories of third parties with whom we share that personal information
• The specific pieces of personal information we collected about you
• If we sold your personal information or disclosed your personal information for a business purpose, we will disclose to you: o The categories of personal information categories sold o The categories of personal information categories disclosed
  
  
• The right to say no to the sale of Personal Data (opt-out). You have the right to direct us to not sell your personal information. To submit an opt-out request please contact us.

• The right to delete Personal Data. You have the right to request the deletion of your Personal Data, subject to certain exceptions. Once we receive and confirm your request, we will delete (and direct our service providers to delete) your personal information from our records, unless an exception applies. We may deny your deletion request if retaining the information is necessary for us or our service providers to:
• Complete the transaction for which we collected the personal information, provide a good or service that you requested, take actions reasonably anticipated within the context of our ongoing business relationship with you, or otherwise perform our contract with you.
• Detect security incidents, protect against malicious, deceptive, fraudulent, or illegal activity, or prosecute those responsible for such activities.
• Debug products to identify and repair errors that impair existing intended functionality.
• Exercise free speech, ensure the right of another consumer to exercise their free speech rights, or exercise another right provided for by law.
• Comply with the California Electronic Communications Privacy Act (Cal. Penal Code § 1546 et. seq.).
• Engage in public or peer-reviewed scientific, historical, or statistical research in the public interest that adheres to all other applicable ethics and privacy laws, when the information's deletion may likely render impossible or seriously impair the research's achievement, if you previously provided informed consent.
• Enable solely internal uses that are reasonably aligned with consumer expectations based on your relationship with us.
• Comply with a legal obligation.
• Make other internal and lawful uses of that information that are compatible with the context in which you provided it.

• The right not to be discriminated against. You have the right not to be discriminated against for exercising any of your consumer's rights, including by:
• Denying goods or services to you
• Charging different prices or rates for goods or services, including the use of discounts or other benefits or imposing penalties
• Providing a different level or quality of goods or services to you
• Suggesting that you will receive a different price or rate for goods or services or a different level or quality of goods or services

Exercising Your CCPA Data Protection Rights

In order to exercise any of your rights under the CCPA, and if you are a California resident, you can contact us at: support@hearsoundwave.com.

Only you, or a person registered with the California Secretary of State that you authorize to act on your behalf, may make a verifiable request related to your personal information.

Your request to us must: (i) provide sufficient information that allows us to reasonably verify you are the person about whom we collected personal information or an authorized representative; and (ii) describe your request with sufficient detail that allows us to properly understand, evaluate, and respond to it.

We cannot respond to your request or provide you with the required information if we cannot (i) verify your identity or authority to make the request; and (ii) and confirm that the personal information relates to you.

We will disclose and deliver the required information free of charge within 45 days of receiving your verifiable request. The time period to provide the required information may be extended once by an additional 45 days when reasonably necessary and with prior notice.

Any disclosures we provide will only cover the 12-month period preceding the verifiable request's receipt.

For data portability requests, we will select a format to provide your personal information that is readily useable and should allow you to transmit the information from one entity to another entity without hindrance.

Your California Privacy Rights (Shine the Light)

Under California Civil Code Section 1798 (California's Shine the Light law), California residents with an established business relationship with us can request information once a year about sharing their Personal Data with third parties for the third parties' direct marketing purposes. If you'd like to request more information under the California Shine the Light law, and if you are a California resident, you can contact us using the contact information provided below.

Mobile Devices 

Your mobile device may give you the ability to opt out of the use of information about the apps you use in order to serve you ads that are targeted to your interests:

"Opt out of Interest-Based Ads" or "Opt out of Ads Personalization" on Android devices

"Limit Ad Tracking" on iOS devices

You can also stop the collection of location information from your mobile device by changing the preferences on your mobile device.   

10. Contacting Soundwave

Thank you for your interest in our App. If you have any questions regarding this otoTune^® Privacy Policy, please contact us:

 support@hearsoundwave.com or by writing to:

Customer Support
Soundwave Hearing, LLC
619 Enterprise Drive
Suite 205
Oak Brook, IL 60523