Privacy Policy Effective Date: March 1st. 2019 A. Our Commitment to Data Privacy Protecting the security and privacy of Personal Data is important to us. We at Sivantos and all our affiliates (collectively ‘Sivantos’) conduct business in compliance with applicable laws on data privacy protection and data security. We have created this Privacy Policy to demonstrate our commitment to every individual`s right to data protection and privacy. This Privacy Policy outlines how we handle information provided by you that can directly or indirectly identify you or (in the case where you are a healthcare provider, audiologist or similar or seller) that can directly or indirectly identify your customer, patient or end-user (collectively “Personal Data”). Our global data privacy compliance program also consists of the implementation of unambiguous authorizations and consents, EU Standard Contractual Clauses, model contracts/transfer agreements, privacy principles, privacy statements, privacy policies and country-specific registrations and filings. This Privacy Policy covers the web site www.sivantos.com, and all other applicable Sivantos or Sivantos affiliates web sites (individually “Web Site” and collectively “Web Sites”) as well as software applications – mobile or desktop – (‘Applications’) provided by Sivantos or its affiliates and services provided by Sivantos through the Web Sites (‘Services’). B. When does this Privacy Policy apply? This Privacy Policy applies to Personal Data (e.g. name, address, telephone number or email address) that you provide to us or which is derived from such Personal Data as outlined below. In the event of any inconsistency between the English and any non-English version of this Privacy Policy (where translated for local requirements and your convenience), the English version of this Privacy Policy shall govern, to the extent permitted by applicable laws. C. Data Controller The data controller of the Web Sites is Sivantos. Where a registration or consent form is presented on our Web Sites or in your use of any of our Applications or Services, the data controller may vary and may be an affiliate or subsidiary of Sivantos or yourself depending on the actual offering or the purpose of the data collection and may be displayed on the applicable registration or consent form. For inquiries you may contact our Data Protection Officer at dpo@sivantos.com. D. Data Processor (processing of patient data) In cases where Sivantos is a data processor, the use of information collected through Applications shall be limited to the purpose of providing the service for which Sivantos is engaged for. Sivantos might have no direct relationship with the individuals whose personal data it processes, e.g. where you are a patient of one of our partners (“Audiologist”) and would no longer like to be contacted by your Audiologist that use our service, please contact the Audiologist that you interact with directly. We may transfer personal data to companies that help us provide our service. Transfers to subsequent third parties are covered by the T&C with our business partners. Your Audiologist will respond to reasonable requests to review your personal data and to correct, amend or delete any inaccuracies. If requested to remove data, we will respond within a reasonable timeframe. If you have any questions or comments about this Privacy Policy (e.g. to review and update your personal data), please send your questions and feedback to your Audiologist. If you have a complaint about how your personal data is handled, you may contact your Audiologist, and the responsible data privacy personnel shall contact you within a reasonable timeframe. We will retain personal data we process on behalf of our Audiologists for as long as needed to provide services to the Audiologists. Sivantos will retain this personal data as necessary to comply with our legal obligations, resolve disputes, and enforce our agreements. You may revoke your consent to the collection and processing of your personal data at any time with effect for the future by written notification to your Audiologist. Please note that deleting the App does not delete your account. You must contact your Audiologist to delete your registration and data. You may also send us an email at apps@sivantos.com to request access to, correct, or delete any personal data that you have provided to us. If you choose to delete your account, you will not be able to take advantage of all the functions of the App, including certain personalized features. We may not accommodate a request to change data if we believe the change would violate any law or legal requirement or cause the data to be incorrect. In addition, your Audiologist may be required under applicable law to retain a copy of data as part of your patient file. E. Why do I need to provide Personal Data? As a general principle, your granting of any consent and your provision of any Personal Data is entirely voluntary and which you may revoke at any time as provided in this Privacy Policy. Collection from Audiologist: In case of information that can be used to directly or indirectly to identify your customer, patient or end-user, you warrant and confirm that you have the express consent of such persons to provide their Personal Data to Sivantos upon the terms of this Privacy Policy and any terms of use or license for which you agree to in connection with such disclosure. In general: We do not collect Personal Data through our Web Sites and Applications unless you voluntarily allow us to do so (e.g. by way of registrations, surveys, choosing certain settings in the Applications or on the Web Sites, etc.), provide us with your consent or unless otherwise permitted by applicable laws and regulations for the protection of such Personal Data. F. Personal Data we may collect? Categories of data subjects from whom we may collect data: Customers and former customers and their employees or representatives, which may include clients of customers and former customers; individuals and representatives of organizations who have registered to obtain information on products and/or services offered (e.g. newsletters, surveys, webinars etc.); and individuals and representatives of organizations who have visited the website or are using our Applications and Services (such as mobile or desktop applications). Information may include: browser and device information; server log file information; information collected through cookies and other technologies; demographic information and other information provided by you; information from third parties (Audiologist) where, for example, you give permission to those third parties to share your information with us (as referred to in Section E above); contact details, where appropriate, including email, postal address, telephone and facsimile numbers; and usage data when you interact with our Website, Applications and Services (e.g. user settings, duration of use, crash reports etc.). G. What is the Personal Data used for? We will process the Personal Data only as set out in this Privacy Policy, your registration form, consent or applicable terms of use or license. Further information can be found in the Purpose of Use section below. H. Duration of processing of Personal Data. Where we are processing and using Personal Data pursuant this Privacy Policy or as permitted by law or contractually, we will store such Personal Data (i) only for as long as is required to fulfil the purposes set out in this Privacy Policy, as required by law or contractually or (ii) until you object to our continued use of such Personal Data (in the case where we have a legitimate interest in using such Personal Data), or (iii) until you withdraw your consent (in the case where you had consented to us using such Personal Data). However, where retention of such Personal Data for longer is required by us to comply with the law or regulations or where such Personal Data is required for us to assert or defend against legal claims, we will retain such Personal Data until the end of the relevant retention period or until the claims in question have been settled. I. Where will Personal Data be processed? As part of a global group of companies, we have affiliates and subsidiaries within as well as outside of the European Economic Area (the “EEA”). Therefore, whenever we use or process the Personal Data for the purposes set out in this Privacy Policy, we may transfer such Personal Data to our affiliates and subsidiaries located in countries outside of the EEA including to such countries in which a statutory level of data protection applies that is not comparable to the level of data protection within the EEA. Whenever such transfer occurs, it is based on Intercompany Agreements that are based on the Standard Contractual Clauses (according to EU Commission Decision 87/2010/EC or any future replacement) to contractually provide that such Personal Data is subject to a level of data protection that applies within the EEA. We may use third party service providers to process Personal Data for the purposes set out in this Privacy Policy. Such third-party service providers may not be in located in your country. In any case, we will have contractual agreements in place with them for their processing of Personal Data in accordance with this Privacy Policy and applicable data protection laws. J. What are my rights? In General. You can at any time request from us information about whether we hold any of your personal data and about which of the Personal Data we are processing as well as the correction or deletion of such Personal Data by sending your request to apps@sivantos.com. Please note, however, that we can delete such Personal Data only if there is no statutory obligation or prevailing right for us to retain it. Kindly note that if you request us to delete such Personal Data, you will not be able to continue to use the applicable Web Sites, Applications, Services or any related Sivantos services that requires Sivantos’ use of such Personal Data. We will respond to your request within a reasonable timeframe. Request a copy. If we use the Personal Data based on your consent or to perform a contract with you, you may request from us for a copy of Personal Data that you had provided. In this case, please contact us at apps@sivantos.com and specify the Personal Data and the format in which you would like to receive the Personal Data. Right to be forgotten / Restriction of use. You may request us to restrict any processing of the Personal Data in any of the following events: (i) you inform us that the Personal Data that we have is incorrect, (in such cases we may continue to retain such of the Personal Data to check its accuracy), (ii) that we have no legal basis to process such Personal Data, or (iii) you object to our processing of such Personal Data based on our legitimate interest as set out in Section L below. Right to lodge a complaint. If you have reason to believe that we are not processing the Personal Data in accordance with the requirements of this Privacy Policy or applicable EEA data protection laws, you may choose to lodge a complaint with the data protection authority of the EEA country in which you live or with the relevant data protection authority of the country or state in which applicable Sivantos entity is located. K. Further Restrictions and Specific Provisions Use of the Web Sites by children. The Web Sites are not intended for anyone under the age of 16 years. If you are younger than 16, you may not register with or use the Web Sites. Links to other Web Sites. The Web Sites may contain links to foreign (meaning non-Sivantos companies) websites. Sivantos is not responsible for the privacy practices or the content of websites outside Sivantos. Therefore, we recommend that you carefully read the privacy statements of such foreign sites. L. Use of technical measures, e.g. Cookies etc. Non-Personal Data Collected Automatically When you access our Web Sites or use our Applications and/or Services, we may automatically (i.e., not by registration) collect non-personal data (e.g. type of Internet browser and operating system used, domain name of the Web Sites from which you came, number of visits, average time spent on the site, pages viewed; general usage data). Sivantos may use such data and share it with our affiliates and subsidiaries to improve the performance, content or appearance of the Web Sites, Applications and/or Services. We also use analytics software to allow us to better understand the functionality of our Applications. This software may record information such as how often you use the Application, the events that occur within the Application, aggregated usage and performance data. We do not link the information we store within the analytics software to any personal data you might have entered in the Application. “Cookies” – Information Stored Automatically on Your Computer A Cookie is a small text file sent from a website to your computer or mobile device where it is stored by your web browser. Web Cookies may store information such as your IP address or other identifier, your browser type, and information about the content you display and interact with on the digital services. By storing such information, Cookies can store your preferences and settings for online services and analyze how you use online services. Tracking Technologies: Web Beacons / Gifs, Pixels, Page Tags, Script E-Mails and Applications can contain small, transparent image files or lines of code to record how you interact with them. This information is used to help website and app publishers better analyze and improve their services. Cookies are stored on your computer and transmitted by this to us. Therefore, as a user, you have full control over the use of cookies. By changing the settings in your internet browser, you can disable or restrict the transmission of cookies. Already saved cookies can be deleted at any time. This can also be done automatically. If cookies are disabled for our website, it may not be possible to use all the functions of the website to the full. Cookies can also be managed through our Cookie Preference Manager where we group cookies into three categories: Required cookies: These cookies are necessary to enable the basic features of the Web Sites to function, such as allowing images to load or allowing you to select your cookie preferences. Functional cookies: These cookies allow us to analyze your use of the Web Sites and/or Applications to evaluate and improve our performance. They may also be used to provide a better customer experience, for example, remembering your log-in details or providing us information about how our Web Sites and/or Applications are used. Advertising cookies: These cookies may be used to share data with advertisers so that the ads you see are more relevant to you, allow you to share certain pages with social networks, or allow you to post comments on our site. M. Security To protect Personal Data against accidental or unlawful destruction, loss or alteration and against unauthorized disclosure or access, we use technical and organizational security measures. N. Purpose of Use In the following cases, we are permitted to process Personal Data under the applicable data protection laws. a) Providing the requested goods or services. If you order goods or services from us, we will use the Personal Data (e.g. name, (email) address, telephone number, company name and address credit card number or bank details) only to process your order or to provide the requested goods or service. This may also include conversation data that you may trigger via the chat functionalities, contact forms, emails, or telephone. In this Privacy Policy, “goods and services” includes Sivantos hearing aids and related services, web services, offerings, contests, other content, non-marketing related newsletters, tutorials, trainings and events. b) Communication. We communicate on a regular basis by email with users who use our goods or related services, and we may also communicate by phone to resolve customer complaints or investigate suspicious transactions. We may use your email address to confirm your opening of an account, to send you notice of payments, to send you information about changes to our goods and services, and to send notices and other disclosures as required by law. Generally, users cannot opt out of these communications, which are not marketing-related but merely required for the relevant business relationship. c) Compliance. Furthermore, you acknowledge that any information required to track your choices regarding the processing or use of Personal Data or receipt of marketing materials may be stored and exchanged between members of Sivantos to ensure compliance. d) Sivantos’ legitimate interest. Each of the use cases in sub-paragraphs e) to g) below constitutes our legitimate interest to process or use the Personal Data. If you do not agree with this approach, you may object against our processing or use of such Personal Data as set out below. e) Questionnaires and surveys. We may invite you to participate in questionnaires and surveys. These questionnaires and surveys will be generally designed in a way that they can be answered without any Personal Data. If you nonetheless enter Personal Data in a questionnaire or survey, we may use such Personal Data to improve Sivantos goods and services. f) Creation of aggregated data sets. We may aggregate Personal Data provided under this Privacy Policy to create aggregated data sets, which will then be used to improve Sivantos Applications and Services. g) Recording of calls and chats for quality improvement purposes. In case of telephone calls or chat sessions, we may record such calls (after informing you accordingly during that call and before the recording starts) or chat sessions to improve the quality of our services. h) Right to object. You may object to our using Personal Data for the above purposes at any time. If you do so, we will cease using your Personal Data for the above purposes and remove it from its systems unless we are permitted to use such Personal Data for another purpose set out in this Privacy Policy or we determine and demonstrate a compelling legitimate interest to continue processing your Personal Data (in cases where this is required by mandatory local laws, e.g. for tax purposes etc.). In the following cases we will only use Personal Data as further detailed below after you have granted us prior consent. News about Sivantos’ Products and Services. We may use your name, email and postal address, telephone number or (in the case where you are a healthcare provider, audiologist or similar or seller) the name, email and postal address, telephone number of your customer, patient or end-user, and basic information about your employer (name and address) to keep you or (in the case where you are a healthcare provider, audiologist or similar or seller) your customer, patient or end-user up to date on the latest product announcements and other information about Sivantos’ goods and services (including marketing-related newsletters) as well as events of Sivantos and to display relevant content on our Web Sites. If you would like to discontinue receiving this information, you may update your email preferences by using the “Unsubscribe” link found in emails we send to you. Purpose Limitation Sivantos will collect, use or disclose personal data supplied by You through the Sivantos applications only for the purposes disclosed to You, unless the disclosure: is necessary for maintenance and to ensure the proper functionality of the Sivantos software, is required by law or the competent governmental or judicial authorities, such as to comply with a subpoena or other legal process, is necessary to protect our rights, protect Your safety or the safety of others, investigate fraud, or respond to a government request is necessary to establish or preserve a legal claim or defense, or is necessary to prevent fraud or other illegal activities, such as willful attacks on Sivantos’ information technology systems. In certain situations, Sivantos may be required to disclose personal data in response to lawful requests by public authorities, including to meet law enforcement requirements as applicable. O. Questions and Comments We will respond to reasonable requests to review the Personal Data and to correct, amend or delete any inaccuracies. Please contact us at apps@sivantos.com for such requests. If you have a complaint about how Personal Data is handled by us, you may contact the person, department or office that you have been dealing with. You can alternatively contact our Data Privacy Officer, dpo@sivantos.com and the responsible data privacy personnel shall contact you within a reasonable timeframe. This Privacy Policy may be updated and amended from time to time. Please check this page regularly to keep up-to-date. Your continued or subsequent access or use of our Web Sites, Applications and/or Services shall be deemed to be your acceptance of the amended or modified Privacy Policy. In accessing or using our Web Sites, Applications and/or Services, the Privacy Policy is accepted by you in its then-current version. If you do not agree to the Privacy Policy, please do not use our Web Sites, Applications and/or Services. If we make any material changes we will notify you by email (sent to the email address specified in your account) or by means of a notice on this website prior to the change becoming effective. Sivantos Pte. Ltd. 18 Tai Seng Street, #08-08 Singapore 539775 dpo@sivantos.com Cookie Information Sivantos may use cookies to remember your log-in details, collect statistics to optimize web site functionality, and deliver marketing on our Web Sites based on your interests. By continuing to browse our Web Sites or by clicking the “ok” button below, you agree to the storing of cookies on your device. For more information on this please see our Privacy Policy and Cookie Policy. OK Youtube About this website Terms of Use Cookie Policy Privacy Policy © 2015 - 2021, WS Audiology A/S