PRIVILEGED & CONFIDENTIAL
EFFECTIVE DATE: April 14, 2021
The Information We Collect About You
We collect information about you directly from you and from third parties, as well as automatically through your use of our Site or Services.
Information We Collect Directly From You. You may browse certain areas of the Site without registering with us or providing us personal information. If you register for our Services as a customer, then you must provide your name, email and zipcode. If you register for our Services as an audiologist, we collect your name, email, phone, address, state in which you are licensed, and payment information (credit card information) that is processed by our third-party credit card processor which complies with the Payment Card Industry Data Security Standard (PCI-DSS).
In addition, if you use our Services to make a purchase, you may be asked to provide payment, billing and shipping information from you, including credit card information and billing and shipping addresses. Credit cards are processed by our third-party credit card processor which complies with PCI-DSS. Billing and shipping information may be shared with third-party vendors that we retain to ship any products you order from us.
Our Services include the ability to take hearing assessments to assist you in identifying products you may want to purchase. Our Services also include the ability for you to connect with an audiologist to share your assessments and discuss your hearing needs. Audiologists may collect information on your medical status and upload diagnostics to the Services. We do not store or maintain such information that you may share with your audiologist. Such information will be subject to the HIPAA -Notice of Privacy Practices set forth below.
In addition, if you are providing personal information for third parties in connection with using our Services, you are responsible for ensuring that you have all required permissions and consents to provide such personal information to us for use in connection with the Services and that our use of such personal information to provide the Services does not violate any applicable law, rule, regulation or order.
How We Use Your Information
We use your information, including personal information, for the following purposes:
• Provide Our Services
We use your information to communicate with you about your use of our Site and Services, to provide our Sites and Services (such as hearing assessments), to respond to your inquiries, to fulfill your orders, and for other customer service purposes.
• Provide Personalized Services
We use your information to tailor the content and information that we may send or display to you, to offer location customization and personalized help and instructions, and to otherwise personalize your experiences while using the Site and Services.
• Improve and Develop Our Services
We use your information to ensure our Site and Services are working as intended, to better understand how users access and use our Site and Services, both on an aggregated and individualized basis, to make improvements to our services, to develop new Services, and for other research and analytical purposes.
• Offer Promotions
We use your information for marketing and promotional purposes. For example, we may use your information, such as your email address, to send you news and newsletters, special offers, and promotions, or to otherwise contact you about products or information we think may interest you. We also may use the information that we learn about you to assist us in advertising our Services on third-party websites.
• Comply With Legal Obligations, Prevent Fraud, and Protect Rights or Property
We use your information as necessary to comply with our legal obligations, respond to law enforcement inquiries, comply with legal process (e.g., warrant, subpoena, civil discovery or investigative demand), to enforce or defend legal claims, prevent fraud and protect the security of our systems, prevent injury or damage, and protect our rights or property or the rights or property of others.
How We Share Your Information
We may share your information, including personal information, as follows:
Consent. Where you have provided consent, we share your information, including personal information, as described at the time of consent, such as when you authorize a third-party application or website to access your TunedCare account or when you participate in promotional activities conducted by TunedCare partners or third parties. For example, we request your consent to send you email communications about products and Services available through our Site. You can withdraw your consent at any item by contacting us at email@example.com.
Vendors. Our Site and Services allow users to make purchases of various hearing-related products. We share certain shipping and billing information with the vendors of such products so that they can fulfill your order.
Audiologists. Our Site and Services may allow you to connect and communicate directly with audiologists. Information that is provided to audiologists is subject to our HIPAA Notice set forth below.
Affiliates. We may disclose the information we collect from you to our affiliates or subsidiaries solely for the purpose of providing Services to you; however, if we do so, their use and disclosure of your personally identifiable information will be maintained by such affiliates and subsidiaries in accordance with this Policy.
Service Providers. We may disclose the information we collect from you to third-party vendors, service providers, contractors or agents who perform functions on our behalf.
Business Transfers. If we are acquired by or merged with another company, if substantially all of our assets are transferred to another entity in connection with a transaction or as part of a bankruptcy proceeding, or are in negotiations for any of these types of transactions, we may transfer the information we have collected from you to the other company or entity.
In Response to Legal Process. We also may disclose the information we collect from you in order to comply with the law, a judicial proceeding, court order, or other legal process, such as in response to a subpoena.
Aggregate and De-Identified Information. We may share aggregate or de-identified information about users and their use of the Services with third parties and publicly for marketing, advertising, research or similar purposes.
Please note that except as noted above, we will not sell or share your personal information with any third party for their direct marketing purposes without your consent.
Currently, our systems do not recognize browser “do-not-track” requests. You may, however, disable certain tracking as discussed in this section (e.g., by disabling cookies), but such disabling will impair use of the Site and Services.
Cookies. Cookies are alphanumeric identifiers that we transfer to your computer’s hard drive through your web browser for record-keeping purposes. Some cookies allow us to make it easier for you to navigate our Site and Services, while others are used to enable a faster log-in process or to allow us to track your activities at our Site and Services. There are two types of cookies: session and persistent cookies.
Session Cookies. Session cookies exist only during an online session. They disappear from your computer when you close your browser or turn off your computer. We use session cookies to allow our systems to uniquely identify you during a session or while you are logged into the Site. This allows us to process your online transactions and requests and verify your identity, after you have logged in, as you move through our Site. Examples of session cookies include session_id and _secure_session_id, which are unique tokens that allow our third-party ecommerce provider, Shopify, to store information about your session.
Persistent Cookies. Persistent cookies remain on your computer after you have closed your browser or turned off your computer. We use persistent cookies to track aggregate and statistical information about user activity. Examples of persistent cookies include _shopify_visit, which is used by our website provider’s internal stats tracker to record the number of visits; _shopify_uniq, which counts the number of visits to a store by a single customer; cart, which is a unique token that stores information about the contents of your cart; and storefront_digest, which is a unique token used to determine if a TunedCare user is permitted to have access to an account. Some of these persistent cookies expire after a certain period of time, others remain on your computer indefinitely.
Disabling Cookies. Most web browsers automatically accept cookies, but if you prefer, you can edit your browser options to block them in the future. The Help portion of the toolbar on most browsers will tell you how to prevent your computer from accepting new cookies, how to have the browser notify you when you receive a new cookie, or how to disable cookies altogether. Visitors to our Site who disable cookies will not be able to browse certain areas of the Site or use the Services.
Our Site and Services may contain links to third-party websites. Any access to and use of such linked websites is not governed by this Policy, but instead is governed by the privacy policies of those third-party websites. We are not responsible for the information practices of such third-party websites.
Security of My Personal Information
We have implemented commercially reasonable precautions to protect the information we collect from loss, misuse and unauthorized access, disclosure, alteration, and destruction. Please be aware that despite our efforts, no data security measures can guarantee 100% security. You should take steps to protect against unauthorized access to your password, phone, and computer by, among other things, signing off after using a shared computer, choosing a robust password that nobody else knows or can easily guess, and keeping your log-in and password private. We are not responsible for any lost, stolen, or compromised passwords or for any activity on your account via unauthorized password activity. websites.
Do You Sell My Personal Information?
We do not sell your personal information for monetary or other valuable consideration, as such terms are defined under California and Nevada law. However, if you want to opt-out of any sales, you may contact us at firstname.lastname@example.org.
What Rights Do I Have Regarding My Personal Information?
You may request access to, a copy of, and the modification or deletion of personal information that you have submitted to us by contacting us at email@example.com. We will use reasonable efforts to accommodate such requests to the extent required by law, provided that we may be required to retain personal information to comply with legal obligations, accounting requirements, or for other business purposes. We may request additional information to verify the identity of the requesting party before responding to a request. Please note that copies of information that you have updated, modified or deleted may remain viewable in cached and archived pages of the Site for a period of time.
What Choices Do I Have Regarding Use of My Personal Information for Marketing?
We may send periodic promotional or informational emails to you. You may opt-out of such communications by following the opt-out instructions contained in the email. Please note that it may take up to 10 business days for us to process opt-out requests. If you opt-out of receiving emails about recommendations or other information we think may interest you, we may still send you emails about your account or any Services you have requested or received from us.
Location of Information
Our Site and Services are offered from the United States and are solely for use within the United States at this time. We store any information we collect in the United States. If you access the Services or Site from outside the United States, you agree to the transfer of your information to the United States, which may have less protections for your personal information than your jurisdiction of residence.
Children Under 13
Our Site and Services are not designed for children under 13. If we discover that a child under 13 has provided us with personal information, we will delete such information from our systems.
If you have questions about the privacy aspects of our Site or Services or would like to make a complaint, please contact us at firstname.lastname@example.org.
Changes to This Policy
This Policy is current as of the Effective Date set forth above. We may change this Policy from time to time, so please be sure to check back periodically. We will post any changes to this Policy on the Site. If we make any changes to this Policy that materially affect our practices with regard to the personal information we have previously collected from you, we will endeavor to provide you with notice in advance of such change by highlighting the change on our Site or, if you have an account with us, providing notice to the email address in your account (for this reason you should make sure to update your account information promptly if it changes).
HIPAA - Notice of Privacy PracticesThis HIPAA- Notice of Privacy Practices (“Notice”) describes how we and the audiologists that use our Services may use and disclose your protected health information (“PHI”) to carry out treatment, payment, and health care operations and for other purposes that are permitted or required by law. This Notice also describes your rights and our duties with respect to your PHI. You have a right to receive a paper copy of this Notice.
PHI for purposes of this Notice, is generally any information that identifies you and is created, received, maintained, or transmitted by audiologists using the Services in the course of providing their consultation and advice to you.
We are required by the Health Insurance Portability and Accountability Act, as amended (“HIPAA”) and other applicable laws to maintain the privacy of PHI, to provide notice of our and the audiologist’s legal duties and privacy practices, and to notify affected individuals following a breach of unsecured PHI.
We reserve the right to change this Notice and make the new Notice apply to PHI we already have as well as any information we receive in the future. This Notice applies to the audiologists for whom we provide the Services to connect with you. For purposes of this Notice, “we”, “us” and “our” refers to both TunedCare and the audiologists using the Services.
A. Uses and Disclosures of Your Protected Health Information
The following categories describe the different ways in which we may use and disclose your PHI
B. Your Rights Regarding Your PHI
You have the following rights regarding the PHI that we maintain about you:
Again, if you have any questions regarding this notice or our health information privacy policies, please contact us at email@example.com.
California Privacy Notice
We are not yet subject to the California Consumer Privacy Act (“CCPA”) and will amend this Policy once we are. In the meantime, please see the section entitled “What Rights Do I Have Regarding My Personal Information” and the HIPAA Privacy Notice for further information on what you may request regarding the personal information we have collected.
In addition, under California Civil Code § 1798.83, California residents who have provided personal information to TunedCare may obtain information regarding TunedCare’s disclosures, if any, of personal information to third parties for third-party direct marketing purposes. Requests must be submitted to the following address: firstname.lastname@example.org. Within 30 days of receiving such a request, we will provide a California Privacy Disclosure, which will include a list of certain categories of personal information disclosed during the preceding calendar year to third parties for their direct marketing purposes, along with the names and addresses of those third parties. This request may be made no more than once per calendar year.