Privacy Policy

This Privacy Policy (the “Policy”) is intended to inform you of the types of information RxHearing Aids, Inc. (“we” or “us” or “RxHearing”) collects, as well as our policies and practices regarding the collection, use, and disclosure of that information through; the web pages at https://www.RxHearing.com/ and other RxHearing web pages (the “Sites” and/or “Platform”) and the RxHearing Care Station hearing test, RxHearing Online hearing test and RxHearing Pure Tone Test application (“App”), Rx-Max device tuning application ("App") and Rx-Life device tuning application ("App") available on Android and iOS platforms; RxHearing brand and associated trademarks. 

 

RxHearing further licenses certain other intellectual property in terms of third-party partnerships and agreements. Any third-party trademarks appearing on this Site/App are the property of their respective owners. We also provide information on how to contact us if you have questions or concerns regarding the use of your information.

 

Please read this Policy carefully, because by using the Site and/or App, 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 App. 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 version number. 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 App, the most recent version of the Policy will apply. Your continued use of the Site or App following the posting of changes to these terms will mean you accept those changes.

 

At RxHearing Aids, Inc. (“RxHearing”), your privacy is important to us. The purpose of this privacy policy is to let you know how we collect, use, and disclose Personal Information, and to inform you of your rights with respect to such Personal Information. 

About RxHearing Products and Services

RxHearing Care Station, RxHearing Online Test, and RxHearing Pure Tone Test are web-based audiometers that perform diagnostic hearing testing and hearing screening tests on devices like smartphones, tablets and desktops.

RxHearing Care Station is a tablet-based hearing screening test. RxHearing Care Station is not a medical device or service.

RxHearing Online Test is an online hearing screening test.  RxHearing Online Test is not a medical device or service.

RxHearing Data Management Portal is a cloud-based web development and data storage system that is used to synchronize and store the data collected in association with the use of all RxHearing products via its third party partner, WIX.com Ltd. RxHearing Data Management Portal is not a medical device.

Collectively, we refer to these products as the “RxHearing Solutions”.

Audiological Services are professional audiological services performed by in-house RxHearing licensed hearing specialists, audiologists and independent contractors within RxHearing’s Audiological Services Network.

Managed Services are consulting services that may include services such as integration support, deployment services, or a dedicated support representative.

Support Services are help desk services that are provided to assist or redirect our Customers as required.

Collectively, we refer to these services and any other services that we may perform during the course of our engagement with our Customers or Participants (for example, an independent Patient), including but not limited to, integration services or translation services, as “Services”

Applicability of Privacy Policy

This Privacy Policy relates to “Personal Information”, meaning information about an identifiable individual. This applies whether, for example, that individual is our Customer’s provisioned user or is a Participant, as these terms are defined below. Whether a person is “identifiable” means that they can be identified by the information itself or by that information combined with other information reasonably available.

This Privacy Policy applies to Personal Information processed by RxHearing as follows: (i) through use of the RxHearing Solutions and Services by our Customers; and, (ii) through use of the RxHearing Solutions and Services by RxHearing.  This Privacy Policy also applies to information that is collected via our websites. In this Privacy Policy we will refer to the organization that is primarily responsible for the collection, use, and disclosure of Participant information as the “Custodian”.

Classification of information

When the RxHearing Solutions and Services are used by our Customers, we classify the Personal Information we collect, use, and disclose into two main categories: The first is information about our Customers and the second is about our Customers’ Participants. Mainly, our “Customers” are organizations and individuals that are involved in carrying out hearing screening or hearing testing of Participants. The term “Participant” refers to those individuals whose audiograms, hearing screening results, and/or other information are collected and processed using the RxHearing Solutions and Services.

Where the RxHearing Solutions and Services are made available to a Participant by a Customer, the Customer is the Custodian.

The way we handle Personal Information varies depending on whether it relates to a Customer’s provisioned user (e.g. a Customer employee or other representative) or a Participant, so each is specifically addressed in this Privacy Policy. You should also note that we are managers of Participant Personal Information as service providers to our Customers and, therefore, as a general rule, we only ever process Participant Personal Information on behalf of our Customers except as set out in Section ii (Use of the RxHearing Solutions and Services by RxHearing). The collection, use, and disclosure of Participant Personal Information will be subject to the privacy practices of the relevant Customers, so Participants should refer to them for additional information.

Participants should also be aware that Customers are able to export data from the RxHearing Solutions and Services. Customers are solely responsible for the use of such data and for safeguarding it. Participants should therefore be aware that their Personal Information may also be directly held by the relevant Customer.

What information we collect

Whenever you use the Site and/or App, view or click on our marketing materials, or visit our social media platforms 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 App, 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 and/or App 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 App. Usage Information is generally non-identifying, but if we associate it with you as a specific and identifiable person, we treat it as Personal Information.

 

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.

 

If you choose to add personal data to such a result by leaving your contact details or enquiring with us or interacting via the RxHearing Solutions with one of our members, then the test results may be made available to us too. The information saved by this service includes your results and answers to all pre-test

questions, your contact details (if provided), and any personal information provided (if provided). 

 

If you perform a hearing test through our RxHearing Care Station, the results of your screening data and your contact details may be shared with the RxHearing participating locations where you performed the hearing test. If you do not want this information to be shared with our employees, marketing partners, service providers and subcontractors, upon your request, we will not share your information.

From our Customers, we collect information that is necessary to establish and maintain the provision of the RxHearing Solutions and Services to them, as well as to understand and improve the usage and performance of the RxHearing Solutions and Services.  Most of our Customers are corporations, so this information is not “Personal Information”. This information may include:

• Customer name

• Contact information, including postal and email addresses

• Billing address

• Billing details (as necessary for our internal accounting purposes and for processing payments through our contracted processing service)

• Login information for provisioned users, as applicable, such as usernames and encrypted passwords

• Information about how the Customer and its provisioned users, as applicable, use the RxHearing Solutions and Services, including information about the Customer and intended use of the RxHearing Solutions and Services

• Information provided by the Customer and its provisioned users, as applicable, in connection with any support given by the RxHearing team related to the RxHearing Solutions and Services.

The use of RxHearing Solutions may involve the collection and processing of the following Participant Personal Information on behalf of Customers:

• Participant name (Title and full name)

• Participant gender

• Participant date of birth

• Information about the Participant’s hearing

• Participant test results

• Location and date of the test

• Home phone number

• Cell phone number

• Work phone number

• Email address

• Chart number

• Notes

Only your name and age requirement is mandatory for the RxHearing Solutions.  The audiometry results and location information are generated and saved at the time of testing. RxHearing Solutions only require information that is necessary to conduct the testing. Participants should be aware that our Customers may collect additional Participant Personal Information using questionnaires within RxHearing Solutions. Providing information other than your name is optional and is under the control of the Custodian when RxHearing Solutions is set up for that Custodian.

The use RxHearing Care Station and Online Test may involve the collection and processing of the following Participant Personal Information on behalf of Customers:

• First name

• Last name

• Email address

• Phone number

• Location data

• Age range

• Gender (RxHearing Online only)

• Hearing test results

There is no mandatory Participant Personal Information for the RxHearing Solutions.  Participants should be aware that our Customers may collect additional Participant Personal Information using questionnaires within the RxHearing Solutions. Only age range and the questionnaire are mandatory for RxHearing Online.  Providing any other information for the RxHearing Solutions is optional and, if provided, is under the control of the Custodian.

Purposes for collection

Participant Personal Information is only processed by RxHearing on behalf of our Customers to provide them with the RxHearing Solutions and Services. Participants should refer to the Customer’s privacy policy for an understanding of how Participant Personal Information is collected, used, disclosed, and otherwise processed by the Customer through its use of the RxHearing Solutions and Services before submitting any Personal Information to the RxHearing Solutions and Services. Further, if you have any questions or concerns about the processing of your Personal Information, you should contact RxHearing Aids, Inc with the contact information located under Contact and Revisions.

Disclosure of Personal Information

RxHearing may share Personal Information with people within the company who have a “need to know” the information for business or legal reasons. For example, to perform contractual obligations; in order to carry out an administrative function, such as processing an invoice; or to direct a question you have submitted to the relevant department at RxHearing.

We may share Personal Information with third parties, including:

• Government and regulatory authorities. For example, to respond to a legal request or comply with a legal obligation, in which case we will make reasonable efforts to give the relevant individual notice of the disclosure, provided we are able to identify the individual and are lawfully able to do so;

• For the purposes of seeking legal or other professional advice;

• Suppliers of IT services and third-party service providers engaged by RxHearing as further detailed earlier in this Privacy Policy; 

• In the event that we sell, buy, or merge any business or assets, including to the prospective seller or buyer of such business or assets and their respective professional advisers.

• We may also share anonymous or de-identified information with other third parties in connection with the purposes outlined in this Privacy Policy and our Terms of Service.

Right of Access

Pursuant to applicable law, you may have certain rights in relation to your Personal Information, including a right of access. Participants should contact the relevant Custodian directly and the Custodian can facilitate this access directly by use of the RxHearing Solutions and Services.  If we are required to assist the Custodian, we may require additional information to confirm a Participant’s or provisioned user’s identity, which will only be used for that purpose.

Data Location 

RxHearing uses service providers in the United States and Canada to store and manage the data associated with the RxHearing Solutions and Services as follows:

Data is stored in the United States from Customers: We have identified as being located in the United States; or, Data is stored in Canada from Customers who: we have identified as being located outside of the United States and who subscribed to RxHearing Solutions.

USE OF THE RXHEARING SOLUTIONS AND SERVICES BY RXHEARING 

The defined terms used in this section are defined above in this Privacy Policy.

There may be cases where the RxHearing Solutions and Services are deployed as a “self-serve” kiosk, used in a product demonstration, used for product development, or used by RxHearing employees directly to test the hearing of Participants.  In each such case, it would be deployed, operated, and managed by RxHearing directly.

Where the RxHearing Solutions and Services are operated by RxHearing directly, RxHearing is the Custodian, and this Privacy Policy applies to the collection of Personal Information by RxHearing.

What information we collect

From our Participants, we collect information that is necessary to establish and maintain the provision of the RxHearing Solutions and Services to them.  The use of RxHearing Solutions by RxHearing may involve the collection of the following Participant Personal Information:

• Participant name (Title and full name)

• Participant gender

• Participant date of birth

• Participant contact details (including company or school)

• Information about the Participant’s hearing

• Participant test results

• Location and date of the test

• Home phone number

• Cell phone number

• Email address

• Chart number

• Notes

Only your name and Age is mandatory for the RxHearing Solutions. The audiometry results and location information are generated and saved at the time of testing.  RxHearing Solutions only require information that is necessary to conduct the testing.  Participants should be aware that we may collect additional Participant Personal Information using questionnaires. Providing information other than your name is optional.

Purposes for collection

RxHearing does not use any identifiable Participant Personal Information for its own purposes. When RxHearing is the Custodian, Participant Personal Information is only processed by RxHearing to provide the RxHearing Solutions and Services to our Participants.

Disclosure of Personal Information

RxHearing may share Personal Information with people within the company who have a “need to know” the information for business or legal reasons. For example, in order to carry out an administrative function, such as processing an invoice; or to direct a question that you have submitted to the relevant department at RxHearing.

We may share Personal Information with third parties, including:

• Government and regulatory authorities. For example, to respond to a legal request or comply with a legal obligation, in which case we will make reasonable efforts to give the relevant individual notice of the disclosure, provided we are able to identify the individual and are lawfully able to do so;

• For the purposes of seeking legal or other professional advice;

• In the event that we sell, buy, or merge any business or assets, including to the prospective seller or buyer of such business or assets and their respective professional advisers.

Right of Access

Pursuant to applicable law, you may have a right of access to your Personal Information. Where the Custodian is RxHearing, please contact our Chief Privacy Officer at Support@RxHearing.com. We may require additional information to confirm our Participant’s identity, which will only be used for that purpose.

Data Location 

When RxHearing is the Custodian, RxHearing uses a service provider in the United States to store and manage the data associated with the RxHearing Solutions and Services.

THE FOLLOWING SECTIONS APPLY TO ALL COLLECTION AND USE OF PERSONAL INFORMATION FROM ALL SOURCES INCLUDING OUR WEBSITES

When you visit our websites or use the applications powering the RxHearing Solutions and Services, we may use cookies, pixel tags, analytics tools, and other similar technologies to help provide and improve our services to you, and as detailed below:

Cookies: Cookies are pieces of information stored directly on the computer that you are using. Cookies allow us to collect information such as browser type, time spent on the websites or applications, pages visited, language preferences, and other web or application traffic data. We use the information for security purposes, to facilitate online navigation, to display information more effectively, to personalize your experience while using the websites or applications, and to otherwise analyze user activity. We can recognize your computer to assist your use of the websites or applications.

We also gather statistical information about the usage of the websites and applications in order to continually improve their design and functionality, understand how the websites and applications are used, and assist us with resolving questions regarding the websites and applications. Cookies may further allow us to select which of our advertisements or offers are most likely to appeal to you and to display them to you. We may also use cookies in online advertising to see how you interact with our advertisements, and we may use cookies or other files to understand your use of other websites.

If you do not want information to be collected through the use of cookies when using our websites or applications, there is a simple procedure in most browsers that allows you to automatically decline cookies or gives you the choice of declining or accepting the transfer to your computer of a particular cookie (or cookies) from a particular site. However, if you do not accept these cookies, you may experience some inconvenience in your use of the websites or applications. For example, we may not be able to recognize your computer, and you may need to login every time you visit the websites or applications.

Analytics tools: We use website and application analytics services provided by third parties that use cookies, JavaScript, and other similar technologies to collect information about website or application use, perform data enrichment, and to report patterns or trends.  These analytics providers may store this analytics data in the United States and other locations. 

Safeguarding Personal Information

We are required by law to safeguard the Personal Information in our custody or control. We use industry-standard measures to protect Personal Information against loss or theft, as well as unauthorized access, disclosure, copying, use, or modification. We protect Personal Information regardless of the format in which it is held. We recognize that Participant Personal Information may contain sensitive health information and we protect it accordingly. If you have any questions or concerns in relation to the handling of your sensitive health information, you should contact the Custodian.

We use service providers, including data hosting providers, to facilitate providing the RxHearing Solutions and Services. We use contractual means to make sure that our service providers only deal with Personal Information on our behalf to provide the RxHearing Solutions and Services and not for any other purposes. We also undertake diligence to satisfy ourselves that our service providers will implement adequate safeguards to protect Personal Information.

If we have reason to believe that there has been a breach of security safeguards that has resulted in the inappropriate loss or disclosure of Personal Information, we will take reasonable measures to notify the affected Customers or Participants, as applicable, promptly and with sufficient detail to enable them to evaluate the breach and understand the likely consequences.

We will ensure that all Personal Information (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 Information,

including protection against unauthorized or lawful processing and against accidental

loss, destruction, or damage.

 

In certain situations, we may be considered a Business Associate as defined by HIPAA (the federal Health Insurance Portability and Accountability Act) of certain Covered Entities (as also defined in HIPAA), and as such, we may have certain federal, state and contractual restrictions on how we can use your Protected Health Information (“PHI”). When acting as a Business Associate, we may only use or disclose your PHI or Personal Information as required by law.

 

Please be aware that when you give other individuals access to your PHI or Personal Information, 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 PHI or Personal Information by people you are authorized to have access to your user account. You are responsible to choose (and keep confidential) your Profile details for the Platform and securely logging in and out of your account in order to protect your PHI.

Revisions to this Privacy Policy 

RxHearing may update this Privacy Policy from time to time and, when we do, we will update the “Last Revised” date at the top of the Privacy Policy. The new date will be the effective date of the revised Privacy Policy. In the event of a significant revision, Customers may receive notification by email or through the RxHearing Solutions and Services. All Personal Information collected after the new Last Revised date will be subject to the revised Privacy Policy.

Anonymous information

RxHearing collects, compiles and analyzes anonymous, aggregate and/or de-identified data derived from Customers’ and Participants’ access to and use of the RxHearing Solutions and Services, including Personal Information (“Compiled Data”).  RxHearing employs an automated system to securely de-identify the data used to create the Compiled Data and then uses third party software to perform analytics on the Compiled Data.

RxHearing uses Compiled Data to:

• understand how our customers and their provisioned users access and use the RxHearing Solutions and Services;

• understand the results generated by our customers’ use of the RxHearing Solutions and Services;

• evaluate how the RxHearing Solutions and Services perform;

• perform analyses of the Compiled Data, including but not limited to, analysis of geographic data, demographic data, the number of hearing tests conducted, the number of hearing impairments found, and to identify trends in audiological data;

• determine how to make improvements to the RxHearing Solutions and Services and to develop new capabilities;

• investigate reported bugs in the RxHearing Solutions or Services and identify customers who may be affected by such bugs; and,

• conduct research, whether such research is conducted by RxHearing, its affiliates or partners.

We will take industry-standard steps so that Compiled Data cannot be connected to any particular individual.

Security

We are committed to protecting the security of your Personal Information. We use a variety of industry-standard security technologies and procedures to help protect your Personal Information from unauthorized access, use, or disclosure. Even though we have taken significant steps to protect your Personal Information, no company, including us, can fully eliminate security risks associated with Personal Information.

Contact and Revisions

If you have questions or concerns about the RxHearing Privacy Policies, please contact us at: Support@RxHearing.com

We reserve the right to change the RxHearing Privacy Policies at our discretion and will notify you if we make any substantial changes in the way we use your Personal Information. If you object to any such changes, you must opt out of the RxHearing Service and cease use of the RxHearing Platforms.

Continued use of the RxHearing Service and/ or the RxHearing Platforms following notice of any such changes shall indicate your acknowledgment of such changes and your agreement to be bound by the terms and conditions of such changes.