Please read this Policy carefully, because by using the Site and/or Platform, you are acknowledging that you understand and agree to the terms of this Policy, and consent to the types of information and the manner in which we may collect, use and disclose such information. If you do not agree to the terms of this Policy, please do not use the Site or Platform.
We reserve the right to change the provisions of this Policy at any time. We will alert you that changes have been made by indicating on the Policy the date it was updated. We encourage you to review this Policy from time to time to make sure that you understand how any information you provide will be used. Each time you access the Site or use the Platform, the most recent version of the Policy will apply. Your continued use of the Site or Platform following the posting of changes to these terms will mean you accept those changes.
We will ensure that all Personal Data (as defined below) that we collect and maintain will be:
- processed lawfully, fairly, and in a transparent manner;
- collected for specified, explicit and legitimate purposes and not further processed in a manner that is incompatible with those purposes;
- adequate, relevant, and limited to what is necessary;
- accurate and kept up to date; and
- processed in a manner that ensures appropriate security of the Personal Data, including protection against unauthorised or lawful processing and against accidental loss, destruction or damage.
Please be aware that when you give other individuals access to your Personal Data, they may be able to use, reproduce, distribute, display, transmit, and/or communicate the data to others and the public. We shall not have any responsibility for access, use, or disclosure of your Personal Data by people you authorised to have access to your user account. You are responsible to choose (and keep confidential) your Profile details for the Platform and to securely log in and out of your account in order to protect your Personal Data.
2.1. Personal Information You Provide to Us
When you register for and access or use the Platform, we collect personal information/data, including name, email address, year of birth, phone number, password, gender, location and other demographic information (such as any answers to questions posed in the App which you respond to in order to access the Service, including your response to Red Flag questions) and any other information that you may provide while accessing or using the Platform. All collectively referred to as “Personal Information/Personal Data”.
We only have access to and collect Personal Data that you voluntarily give us by filling out our forms, surveys and answering questions which are part of the Platform, or via email or other direct contact from you via text, social media or Website interaction, phone calls or voice messages.
If you do not want this information to be shared with our employees, marketing partners, service providers or subcontractors, upon your request, we will not share your information. However, your ability to access and use the Site and/or Platform, and request services, may be limited or interrupted.
2.2. Information Collected by Automated Means
Whenever you use the Site and/or Platform, we and/or our service providers may use a variety of technologies that automatically collect information about how the Site is accessed and used (“Usage Information”). Usage Information may include, in part, browser type, operating system, the page viewed, the time, how many users visited the Site, and the website you visited immediately before the Site. This statistical data provides us with information about the use of the Site and/or Platform, such as how many visitors visit a specific page on the Site, how long they stay on that page, which websites they are coming from and which hyperlinks, if any, they “click” on, which part of the Platform are used most, by whom and how. Usage Information also includes error messages and crash analytics.
Usage Information helps us to keep the Site user friendly and to provide visitors with readily accessible and helpful information. We may also use your Usage Information to troubleshoot issues with access or use of our Site and/or Platforms. Usage Information is generally non-identifying, but if we associate it with you as a specific and identifiable person, we treat it as Personal Data.
We believe that such technology usage is fair, lawful, and proportional to the legitimate interest and needs of our business, and that our methodology fairly addresses each user’s legitimate rights and expectations in view of the context and purpose for the collection and use of the information collected.
The personal information/data provided through the Platform, including your usage of the hearing aids, app, Rewards program, hearing check results, hearing aid settings and usage data are all stored by us, and can be accessed by members of the Hearing Hub (our contact and support centre) only in order to assist you in the use, maintenance or operation of the Platform or devices.
If you choose to access and use the Hearing Screening on the Site, any screening data can be synced back to us in an anonymised form. If you choose to add Personal Data to such a result by leaving your contact details or enquiring with us or interacting via the Hearing Screening with one of our Hearing Hub members, then the screening results may be made available to us too. The information saved by this service includes your results and answers to all pre-screening questions, your contact details (if provided) and any Personal Data provided (if provided).
2.3. Cookie Use
These “cookies” and other similar technologies like pixels, web beacons (also known as “clear GIFs”) and local storage may be used to collect information about how you use the Services and provide features to you.
Information provided by these cookies are essential to help us provide the Services in a manner that is adapted to each user’s specific needs. We believe that such means are fair, lawful, and proportional to the legitimate interest and needs of our business, and that our methodology fairly addresses each user’s legitimate rights and expectations in view of the context and purpose for the collection and use of the information collected.
We will use your Personal Data to respond to you regarding the reason you contacted us. We will also use your information as follows:
- Registration and Profile Creation – A user may need to complete a registration form and create an account or profile with us in order to use certain aspects of our Site or Platform. During registration, a user is required to give certain information. This information is used to contact you about the products/services on our Site and/or Platform in which you have expressed interest or subscribed to and allow you to easily update your contract information.
- Customer Service – Once you purchase a device or service from us, we may contact you via phone call, email, text or App notifications in the future to tell you about changes to our services, or changes to this Policy, support you, ask you to provide feedback, or to sell you products or services in the future.
- Sales and Marketing – if you request to be called back, leave an enquiry on our Site or social media platforms, or request to be called or contacted, we or our permitted marketing partners may contact you via text, email or phone call.
If at any time you wish that we cease communication with you, please notify us using the contact information provided in the “Contact Us” section.
Except as provided herein, we will not trade, rent, share or sell your Personal Data to third parties. Please note that your information may be shared with our marketing partners to contact you for marketing purposes. If you do not want this information to be shared with our marketing partners, upon your request, we will not share your information.
Except as provided herein, unless you ask or provide your consent to do so, we will not share your Personal Data with any third party outside of our organisation, except as necessary with our service providers and subcontractors in order to troubleshoot issues you may have with our Site, the Platform or your account. Only employees, service providers and subcontractors who need the Personal Data to perform a specific job are granted access to Personal Data. The computers/servers in which we store Personal Data are kept in a secure environment.
We will disclose Personal Data when we believe in good faith that such disclosures:
- are required by law, including, for example, to comply with a court order or subpoena, or
- will help to enforce our policies; protect your safety or security, including the safety and security of property that belongs to you; and/or protect the safety and security of our Site, the Platform, us, our employees, our service providers, our subcontractors, other third parties, or equipment that belongs to us, our service providers, or our subcontractors. Disclosures in this limited scenario would be made to a court of law, law enforcement, or other public or government authority.
We may use non-identifiable anonymous data that is based on users’ access or use of the Site and/or Platform that may be used by us to improve the Site and/or the Platform. We may also use anonymised data based on your use of the Platform, including de-identified health data and combine such de-identified data with data or other anonymous data (“Aggregate Data”). Aggregate Data may include information that describes the habits, usage patterns, survey responses and/or demographic information of users as a group, but does not identify any particular users. We may provide anonymised data and Aggregate Data to our third-party collaborators and partners.
We may use your Personal Data to contact you with newsletters, marketing or promotional materials and other information that may be of interest to you. You may opt-out of receiving any, or all, of these communications from us by following the instructions provided in any email we send or by contacting us.
4.1. Your Access to and Control Over Your Information
We offer you choices regarding the collection, use, and sharing of your Personal Data. Our Site and Platform do not currently respond to browser-based do-not-track signals. You can choose to have your computer warn you each time a cookie is being set, or you can choose to turn off all cookies. You do this through your browser settings. Each browser is different, so look at your browser's Help menu to learn the proper way to modify your browser’s cookies setting.
If you disable cookies, some features may be disabled that make your Site experience more efficient and some of our services may not function properly.
You may do the following at any time by contacting us via the email address or phone number provided on our Site:
- See what data we have about you; if any.
- Change or correct any contact information we have about you.
- Have us delete any data we have about you.
We do not charge for these services. Your request will be processed within 30 days of the date on which we receive it.
If you do not want your information to be shared with our employees, service providers, marketing partners and subcontractors, upon your request, we will not share your information. However, your ability to access and use the Site and the Platform may be limited or interrupted.
If you request that your account or data be deleted, your access to the Services and your value from the Lexie Rewards® program will immediately cease and you will lose all accumulated points up until that point, and the points will become worthless and unable to be redeemed for any value. Please note that deleting your account or data will not cancel your Subscription (if applicable). To cancel your subscription you will be required to follow the instructions set out in our Returns Policy.
We take measures designed to protect your Personal Data in an effort to prevent loss, misuse, and unauthorised access, disclosure, alteration, and destruction. We provide physical, electronic, and procedural safeguards to protect Personal Data we process and maintain.
Please be aware, however, that despite our efforts, no security measures are perfect or impenetrable and no method of data transmission can be guaranteed against any interception or other types of misuse.
To protect the confidentiality of Personal Data maintained in your account, you must keep your password confidential and not disclose it to any other person. You are responsible for all uses of the Site and Platform by any person using your password.
Please advise us immediately if you believe your password has been misused. If you have reason to believe that your interaction with us is no longer secure, if you feel that the security of any account you might have with us might have been compromised, or if you suspect that someone else is using your account, please contact us immediately using the contact information provided in the “Contact Us” Section.
The Site and the Platform is not intended for use by persons under the age of 18, and hearX UK does not knowingly collect or use any Personal Data from such persons. If we become aware that we have unknowingly collected Personal Data from a person under the age of 18, we will make commercially reasonable efforts to delete such Personal Data from our database.
hearX UK will also retain 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 our service, or we are legally obligated to retain this data for longer time periods.
10.1. Legal Basis for Processing Personal Data under GDPR
hearX UK may process Personal Data under the following conditions:
- Consent: You have given your consent for processing Personal Data for one or more specific purposes.
- Performance of a contract: Provision of Personal Data is necessary for the performance of an agreement with you and/or for any obligations relating thereto.
- Legal obligations: Processing Personal Data is necessary for compliance with a legal obligation.
- Vital interests: Processing Personal Data is necessary in order to protect your vital interests or of another natural person.
- Public interests: Processing Personal Data is related to a task carried out in the public interest or in the exercise of official authority.
- Legitimate interests: Processing Personal Data is necessary for the purposes of the legitimate interests pursued by hearX UK.
10.2. Your Rights under the GDPR
- Request access to your Personal Data. The right to access, update or delete the information we have about you. Whenever made possible, you can request to access, update or delete certain Personal Data directly within your account settings section. If you are unable to perform these actions yourself, please contact us to assist you. This also enables you to receive a copy of the Personal Data we hold about you.
- Request correction of your Personal Data. You have the right to have any incomplete or inaccurate information we hold about you corrected.
- Object to processing of your Personal Data. This right exists where we are relying on a legitimate interest as the legal basis for our processing and you want to object to our processing of your Personal Data. You also have the right to object where we are processing your Personal Data for direct marketing purposes.
- Request erasure of your Personal Data. You have the right to ask us to delete or remove Personal Data when there is no good reason for us to continue processing it.
- Request the transfer of your Personal Data. We will provide to you, or to a third-party you have chosen, your Personal Data in a structured, commonly used, machine-readable format. Please note that this right only applies to automated information which you initially provided consent for us to use or where we used the information in performance of a contract with you.
- Withdraw your consent. You have the right to withdraw your consent on using your Personal Data. If you withdraw consent, your ability to access and use the Site and/or Platform, and request services, may be limited or interrupted.
10.3. Exercising your GDPR Data Protection Rights
You may exercise your rights of access, rectification, cancellation and opposition by contacting us. Please note that we may ask you to verify your identity before responding to such requests. If you make a request, we will try our best to respond to you as soon as possible. You have the right to complain to a Data Protection Authority about our collection and use of your Personal Data. For more information, if you are in the European Economic Area, please contact your local data protection authority.
This Policy and the privacy practices of hearX UK will be subject exclusively to the laws of the United Kingdom. hearX makes no representation that this Policy and our practices comply with the laws of any other country or jurisdiction. Users of the Site who reside outside the UK do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable. If you reside outside of the UK, by using the Site or Platform, you consent to the transfer, processing, and use of your information outside of your country.
If we become involved in a merger, acquisition, or any form of sale of some or all of our assets, the Site, our Platform, and your information as collected, processed and maintained through our Platform may be included in the assets sold or transferred to the acquirer. You agree that we may transfer or assign the information we have collected about you in connection with any such event. In the event of a bankruptcy, insolvency, reorganisation, receivership or assignment for the benefit of creditors, we may not be able to control how your personal information is treated, transferred, or used.
- The name, phone number, pseudonym, email address, or other identifier that you have used to use the Site or Platform, or if you are not a registered user of the service, or have not otherwise previously interacted with us, your first and last name and an address where we can correspond with you.
- Country in which you are located.
- Clear description of the information or content you wish to receive or to be deleted or corrected, or the action you wish to be taken; and
- Sufficient information to allow us to locate the content or information to be deleted, removed or corrected.
For your protection, we may only implement requests with respect to the Personal Data associated with the particular email address that you use to send us your request. In addition, please note that, depending on the nature of your inquiry, request or complaint, we may need to verify your identity before implementing your request and may require proof of identity, such as in the form of a government issued ID and proof of geographical address. We will attempt to comply with your request as soon as reasonably practicable.
Published: 18 January 2022
Last Updated: 18 January 2022