1.1 This Privacy Notice is intended to provide you with information on how Widex A/S, (hereinafter "Widex", "we", "us", "our") collect and process your personal data when you use the Widex EVOKE, ENJOY, MAGNIFY or MOMENT App (hereinafter the "App").
1.2 This Privacy Notice explains how and for which purposes we process your personal data. We will only process your personal data in accordance with this Privacy Notice and applicable law to which we are subject, in particular the General Data Protection Regulation (EU 2016/679) (hereinafter the "GDPR") and other applicable laws in the jurisdiction in which you live.
1.3 Widex is data controller in relation to your personal data. You can contact us by using the contact information in Section 9.
2. THE DATA WE COLLECT, THE PURPOSE AND THE LEGAL BASIS FOR PROCESSING
TECHNICAL DATA COLLECTED BY THE APP
2.1 When you use the App we will collect technical data about your mobile device, ID, operating system used as well as how and where the App is used. This may be information on the country you use the App in or how much you use a specific function. The information will be aggregated, and we will not use it to identify you.
2.1.1 The processing of this information is necessary to pursue our legitimate interest in maintaining, troubleshooting and performing improvements to the App and in general to improve the services offered by Widex (article 6 (1)(f) in the GDPR).
DATA USED FOR R&D PURPOSES
2.2 With your consent, we will process personal data about you, including health information, to allow us to make even better hearing aids including developing new algorithms and services. The categories of personal data we process are:
2.2.1 The personal programs you have created and used in the App which includes your sound profile preferences recorded by the App (SoundSense Learn data). Your personal data is associated with a random Widex Client ID.
2.2.1 The legal basis for our processing is your consent (article 6 (1)(a) and 9(2)(a) in the GDPR).
2.3 If you have previously - during a consultation with your Hearing Care Professional - consented to Widex' use of your personal data for research and development purposes Widex will compile such collected personal data about you with the above personal data into one file and use it for the above purposes.
2.4 Please be advised that when you give your consent and allow us to process your random Widex Client ID, your previous use of this App will no longer be anonymous. This means that Widex will hold and use your personal data not only from the time you provided your consent but from the time you started using this App.
DATA SHARED WITH YOUR HEARING CARE PROFESSIONAL
2.5 With your consent, we will share personal data about you, including health information, with your Hearing Care Professional to allow the Hearing Care Professional to improve the fitting of your hearing aid at future fitting sessions. The categories of personal data we process are:
2.5.1 The personal programs you have created and used in the App which includes your sound profile preferences recorded by the App (SoundSense Learn data). Your personal data is associated with a random Widex Client ID.
2.5.2 The legal basis for our sharing of your personal data is your consent (article 6 (1)(a) and 9(2)(a) in the GDPR).
The personal data related to health information mentioned above will not be shared with the purpose of obtaining economic advantage, nor will any additional value be charged to improve the fitting of your hearing aids.
You should contact your Hearing Care Professional directly if you have any questions about how your personal data is used by your Hearing Care Professional. This is a consent to share data with your Hearing Care Professional. The actual use of data by the Hearing Care Professional is not covered by this Privacy Notice.
If you do not consent to us sharing your personal data about you with your Hearing Care Professional, your Hearing Care Professional will have less information upon which to improve the fitting of your hearing aid at future fitting sessions.
3. HOW IS YOUR PERSONAL DATA COLLECTED
3.1 We will collect your personal data from you, the App and your hearing aid.
4. DISCLOSURE OF YOUR PERSONAL DATA
4.1 In addition to the sharing of your personal data with your Hearing Care Professional, in case you have provided a specific consent to this, your personal data may also be shared with third parties who process data on our behalf, e.g. IT service providers. Contractual arrangements are established to ensure that such data processors are only allowed to process data in accordance with our instructions and for our purposes, as explained in this notice, and to require such data processors to establish adequate organisational and technical security measures.
5. TRANSFER OF YOUR PERSONAL DATA TO THIRD COUNTRIES (outside the EU)
5.1 We use Microsoft's servers that are located in EU, US and Japan to store personal data. Whereas Japan is considered to provide an adequate level of data protection, appropriate safeguards to transfer personal data to the US have been made in the form of the EU Commissions Standard Contract Clauses.
6. YOUR RIGHTS
6.1 Under certain circumstances, where applicable in the jurisdiction in which you live, you have one or more of the following rights:
6.1.1 You have the right to request access to your personal data. This enables you to receive a copy of the personal data we hold about you and to check that we are lawfully processing it (art. 15 in the GDPR).
6.1.2 You may have the right to request correction of your personal data that we hold about you. This enables you to have any incomplete or inaccurate information we hold about you corrected (art. 16 in the GDPR).
6.1.3 You may have the right to request erasure of your personal data. This enables you to ask us to delete or remove personal data where there is no good reason for us continuing to process it. To the extent that continued processing of your personal data is necessary, for example in order for us to comply with our legal obligations or for legal requirements to be established, enforced or defended, we are not required to delete your personal data (art. 17 in the GDPR).
6.1.4 You have the right to object to our processing of your personal data where we are relying on a legitimate interest (or those of a third party) and there is something about your particular situation which makes you want to object to processing on this ground (art. 21 in the GDPR).
6.1.5 You may have the right to request the restriction of processing of your personal data. This enables you to ask us to suspend the processing of personal data about you, for example if you want us to establish its accuracy or the reason for processing it (art. 18 in the GDPR).
6.1.6 You may have the right to request the transfer of your personal data to another party (also known as data portability) (art. 20 in the GDPR).
6.1.7 You are entitled to withdraw your consent at any time (art. 7(3) in the GDPR).
6.1.8 You may have the right to request information of the public and private entities with which we carried out the shared use of data;
6.1.9 You may have the right to request information on the possibility of not providing consent and on the consequences of the denial;
6.1.10 Widex takes its privacy obligations seriously. If you lodge a complaint with us about a concern that we have breached an applicable law, we will respond to you as soon as possible and in any case within 30 days.
6.1.11 If you have unresolved concerns, you also have the right to complain to the Danish Data Protection Agency or to the data protection authorities in the country where you live or where you consider a breach of data protection law has occurred (art. 77 in the GDPR).
The Danish Data Protection Agency may be contacted as follows: e-mail address firstname.lastname@example.org or telephone number +45 33 19 32 00. In Canada and Australia, you may also file a complaint with the applicable privacy commissioner in your jurisdiction if you believe there's been a violation of privacy rights.
7. DATA RETENTION
7.1 Personal Data shared with Widex or your HCP.
7.1.1 Personal data that are used for R&D purposes is stored for 25 years. Hereafter it is anonymized.
7.1.2 Personal data you have asked us to share with your Hearing Care Professional is stored by Widex until the next time you have your hearing aids checked by your Hearing Care Professional. During such check of your hearing aids the personal data is shared with your Hearing Care Professional. Hereafter it is deleted. If you do not consult your Hearing Care Professional and have your hearing aids checked within (5) five years after the collection, the personal data will automatically be deleted.
7.2 Technical data collected by the App.
7.2.1 Technical data collected by the App will be deleted after two years.
8. DATA SECURITY
8.1 We have put in place appropriate security measures to prevent your personal data from being lost, used, accessed in an unauthorised way, altered or disclosed.
8.2 In addition, we have limited access to your personal data to employees and contractors who have a relevant and reasonably required need to access your personal data to perform their work and have committed themselves to confidentiality or are under an appropriate statutory obligation of confidentiality.
9. CONTACT INFORMATION
9.1 Widex is data controller for the personal data, which are processed about you.
9.2 If you have any questions regarding this Privacy Notice or request to exercise your rights please use the contact information set out below.Widex A/S
10. FOR CALIFORNIA RESIDENTS
We do not share any of your information transmitted through the App or collected by Widex with affiliated or unaffiliated third parties for their own direct marketing purposes. If you are a California resident, you may request information about our disclosure of personal data to third parties for their direct marketing purposes. To make such a request, please contact us using the information in the "Contact Information" section above. You must put the statement "Your California Privacy Rights" in the subject field. We are not responsible for notices that are not labelled or sent properly, or do not have complete information.
This App does not support Do Not Track requests.
11. FOR FRENCH RESIDENTS
11.1 You are at any time entitled to issue directives relating to the fate of your Personal Data after death.
12. CHILDREN'S PRIVACY
12.1 The App is meant for configuration of hearing aids of individuals with a hearing loss above the age of 18 (eighteen). Consequently, Widex does not knowingly collect personal data from individuals below the age of 18 (eighteen).
13. CHANGES TO THIS PRIVACY NOTICES
13.1 We may change this Privacy Notice from time to time. If we make any changes to this Notice, you will be notified.
This Privacy Notice was last updated 01/08/2019.