Protecting your private information is our priority. This Statement of Privacy applies to Magnatone Hearing Aid Corp. and our website www.personamedical.com and governs data collection and usage of the “Persona Medical” App, the Persona Medical Evok App and the RxEars App (collectively the “Persona Medical” App(s)). These apps allows you to customize the settings and conveniently control your hearing aids using your end device (e.g. smartphone). The following discloses the details of data processing. For the purposes of this Privacy Policy, unless otherwise noted, all references to Magnatone Hearing Aid Corp include www.personamedical.com and Persona Medical. By using the Persona Medical website and/or the Persona Medical App(s), you consent to the data practices described in this statement.
1. Contact person/responsible party
The responsible party when it comes to processing personal information as outlined in the General Data Protection Regulation (“GDPR”) is
Persona Medical
170 N. Cypress Way
Casselberry, FL 32707
Email: [email protected]
Internet: www.personamedical.com
For questions regarding the privacy policy and these data protection provisions, please contact the Persona Medical data protection officer by mail at the previously mentioned postal address or by email at [email protected]
2. Data processing when using the “Persona Medical” Apps
All of the data collected in the app is stored locally on your end device unless otherwise mentioned below.
The following data is processed when using the Apps:
2.1 Default settings for the Apps: • Language settings (activated language) 2.2 Adjusting and controlling your hearing aids: • Hearing aid information (serial number, model UDI No.), side assignment (left, right hearing aid),
• connection status (hearing aid – end device),
• hearing program settings,
• location information when location services have been activated by the user,
• location-dependent activation of a hearing program.
As far as the user has granted the permission for using the geolocation service and the service is activated on the end device, the user will be offered the possibility to activate a hearing program automatically by linking it to the current location. The hearing program will be activated as soon as the user enters the proximity of the defined location spot.
This feature needs to have access to the Geolocation Service of Google Inc., 1600 Amphitheatre Parkway, Mountain View, CA 94043, USA. The service is always checking the location data of the user in the background, independently whether the app is in use or have been closed. The app does not process the location data in case of being closed. Location settings may not appear in your given App in which case this section does not apply.
2.2a. Integrating smartphone functions into the app • Hearing aid localization. (Location settings may not appear in your given App in which case this section does not apply.) Provided the user has allowed access to the app’s localization function, at regular intervals the app saves the most recent location of the end device and a time stamp to the end device when there is a connection to the hearing aid. This helps ascertain where and when the hearing aid was last connected to the end device should you lose the hearing aid. Legal bases are: • The performance of a contract or the performance of measures prior to entering into a contract (Art. 6 para. 1 pg. 1 lit. b GDPR), and • consent of the user according to Art. 6 para. 1 pg. 1 lit. a GDPR in conjunction with Art. 9 para. 2 lit. a GDPR, insofar as health data is processed.
2.3 Plugins and tools • Google Maps (Location settings may not appear in your given App in which case this section does not apply.)
This app accesses the Google Maps map service, provided by Google Inc., 1600 Amphitheatre Parkway, Mountain View, CA 94043, USA, to visually display the most recent location of your end device (paired with your hearing aid) to help locate your hearing aid. When using Google Maps, Google processes data while using the map functions. You can find more information about how user data is handled in Google’s privacy statement: https://www.google.de/intl/de/policies/privacy/. Data is processed based on the consent that you give (Art 6 para 1 lit. a GDPR).
• Microsoft AppCenter Analytics The app also sends anonymous error reports to Microsoft’s “Visual Studio App Center” service. In the process, information about the country code, language, manufacturer and device operating system on which our apps are installed as well as information regarding the version of our app that is installed is transferred. In addition, we also receive detailed crash information in the event that one of our apps is not functioning properly. The legal basis for data processing is art. 6 para. 1 pg. 1 lit. f of the GDPR. Our legitimate interest arises from the abovementioned purposes for data collection. We do not use the data collected to draw conclusions about you as an individual.
3. Duration of data retention
The data collected in the app is saved locally to your end device unless otherwise described in these instructions. Removing the app from your end device deletes all of the data collected in the app.
4. Obligatory and voluntary disclosures
The data listed above must be processed in order to use the features of the app. You are not obligated to provide this data however certain features of the app cannot be offered if data is not provided.
5. Transmission of personal data and recipients of personal data
Data is not disclosed to any third parties that are not Persona Medical service providers included in contract processing. Personal data included in contract processing is disclosed to Internet providers. In accordance with data protection regulations, these processors are obligated to process personal data exclusively according to our instructions. In addition, our processors are subject to contractual and legal privacy and confidentiality requirements.
6. Rights of the user
Users have the right to withdraw their consent for the processing of their personal data at any time without stating a reason and effective for the future. Please note that the withdrawal of consent does not affect the legality of any data processing that occurred up to the time of the withdrawal of consent. The following rights of the individuals affected are available to you upon presenting the respective statutory requirements:
• Right of access by the data subject (Art. 15 GDPR)
• Right to rectification (Art. 16 GDPR)
• Right to erasure (Art. 17 GDPR)
• Right to restriction of processing (Art. 18 GDPR)
• Right to data portability (Art. 20 GDPR)
To exercise the aforementioned rights, please contact the data protection officer (for contact details see clause 1). Lastly, you are entitled to file a complaint with a regulatory authority in the event that you are of the view that the processing of your personal data is in violation of data protection provisions or you have not been adequately granted the rights of individuals affected.
7. Collection of your Personal Information
In order to better provide you with products and services offered on our Site, Persona Medical may collect personally identifiable information, such as your: – First and Last Name – Mailing Address – E-mail Address – Phone Number
If you purchase Persona Medical’s products and services, we collect billing and credit card information. This information is used to complete the purchase transaction. Persona Medical may also collect anonymous demographic information, which is not unique to you, such as your:
– Age
– Gender
We do not collect any personal information about you unless you voluntarily provide it to us. However, you may be required to provide certain personal information to us when you elect to use certain products or services available on the Site. These may include: (a) registering for an account on our Site; (b) entering a sweepstakes or contest sponsored by us or one of our partners; (c) signing up for special offers from selected third parties; (d) sending us an email message; (e) submitting your credit card or other payment information when ordering and purchasing products and services on our Site. To wit, we will use your information for, but not limited to, communicating with you in relation to services and/or products you have requested from us. We also may gather additional personal or non-personal information in the future.
8. Automatically Collected Information
Information about your computer hardware and software may be automatically collected by Persona Medical. This information can include: your IP address, browser type, domain names, access times and referring website addresses. This information is used for the operation of the service, to maintain quality of the service, and to provide general statistics regarding use of the Persona Medical website.
9. Use of your Personal Information
Persona Medical collects and uses your personal information to operate its website(s) and deliver the services you have requested.
Persona Medical may also use your personally identifiable information to inform you of other products or services available from Persona Medical and its affiliates.
10. Sharing Information with Third Parties
Persona Medical does not sell, rent or lease its customer lists to third parties.
Persona Medical may share data with trusted partners to help perform statistical analysis, send you email or postal mail, provide customer support, or arrange for deliveries. All such third parties are prohibited from using your personal information except to provide these services to Persona Medical, and they are required to maintain the confidentiality of your information.
Persona Medical may disclose your personal information, without notice, if required to do so by law or in the good faith belief that such action is necessary to: (a) conform to the edicts of the law or comply with legal process served on Persona Medical or the site; (b) protect and defend the rights or property of Persona Medical; and/or (c) act under exigent circumstances to protect the personal safety of users of Persona Medical, or the public.
11. Children Under Eighteen
Persona Medical does not knowingly collect personally identifiable information from children under the age of eighteen. If you are under the age of eighteen, you must ask your parent or guardian for permission to use this website.
12. E-mail Communications
From time to time, Persona Medical may contact you via email for the purpose of providing announcements, promotional offers, alerts, confirmations, surveys, and/or other general communication.
If you would like to stop receiving marketing or promotional communications via email from Persona Medical, you may opt out of such communications by Clicking on the UNSUBSCRIBE button.
13. Changes to this Statement
Persona Medical reserves the right to change this Privacy Policy from time to time. We will notify you about significant changes in the way we treat personal information by sending a notice to the primary email address specified in your account, by placing a prominent notice on our site, and/or by updating any privacy information on this page. Your continued use of the Site and/or Services available through this Site after such modifications will constitute your: (a) acknowledgment of the modified Privacy Policy; and (b) agreement to abide and be bound by that Policy.
Effective as of January 1, 2021