Terms Of Use And Privacy Policy

Latest update : September 2020.

Terms Of Use Introduction

HearFon and HearFon Online (each referred to herein as the “Website”) are owned and operated by HearFon Systems Pvt. Ltd, Bangalore, India. The following terms and conditions (these “Terms of Use”), govern your access to and use of this Website, including any content, functionality and services offered on or through the Website. Your use of this Website is conditioned upon your acceptance of these Terms of Use. If you do not agree to these terms and conditions, you are not authorized to access or use this Website. We may revise and update these Terms of Use from time to time in our sole discretion. All changes are effective immediately when we post them. Your continued use of the Website following the posting of revised Terms of Use means that you accept and agree to the changes. You are expected to check this page from time to time so you are aware of any changes, as they are binding on you.

Acceptable Use

HearFon Online grants you permission to access and use this Website for your personal, non-commercial purposes only. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store or transmit any of the material on our Website, except as follows:

You may print or download one copy of a reasonable number of pages of the Website for your own personal, non-commercial use and not for further reproduction, publication or distribution..

Prohibited Uses

You agree that you will not:

• Use the Website in any way that violates any applicable federal, state, local or international law.
• Use the Website in any manner that could disable, overburden, damage, or impair the site or interfere with any other party’s use of the Website.
• Use any robot, spider or other automatic device, process or means to access the Website for any purpose, including monitoring or copying any of the material on the Website.
• Use any manual process to monitor or copy any of the material on the Website or for any other unauthorized purpose without our prior written consent.
• Use any device, software or routine that interferes with the proper working of the Website.
• Introduce any viruses, trojan horses, worms, logic bombs or other material which is malicious or technologically harmful.
• Attempt to gain unauthorized access to, interfere with, damage or disrupt any parts of the Website, the server on which the Website is stored, or any server, computer or database connected to the Website.
• Attack the Website via a denial-of-service attack or a distributed denial-of-service attack.
• Otherwise attempt to interfere with the proper working of the Website.

Intellectual Property

This Website and all of its contents, features and functionality (including but not limited to the information, software, text, displays, images, video and audio, and the design, selection and arrangement thereof) are the property of HearFon Online and its licensors and other suppliers of such material and are protected by India and international copyright, trademark and other intellectual property rights laws

Trademarks

The HearFon name and all related names, logos, product and service names, designs and slogans are trademarks of HearFon or its affiliates or licensors. You must not use such marks without the prior written permission of HearFon. All other names, logos, product and service names, designs and slogans on this Website are the trademarks of their respective owners.

Healthcare Disclaimer

The information presented on this Website is not intended to be medical advice and should not be relied upon as such. If you suspect any underlying medical issues or hearing problem, HearFon Health Tech Pvt LTD strongly urges you to consult with a qualified physician or opt for detailed Clinic or home consultation with an Audiologist

Governing Law And Jurisdiction

All matters relating to the Website and these Terms of Use and any dispute or claim arising there from or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the laws of Bengaluru Courts and in case of any disputes the jurisdiction of courts shall be at Bengaluru, India only

HearFon HealthTech Pvt Ltd -PRIVACY POLICY
EFFECTIVE September 1, 2020

INTRODUCTION
At HeaFon, we value your business and respect your privacy. We are committed to protecting your privacy rights in accordance with the privacy and data protection laws that may apply to you, This privacy policy describes your privacy rights related to information you share with HearFon, and how you contact us to exercise those rights. In addition, this privacy policy describes how HearFon collects, uses, and shares information that can identify you (Personal Information) related to the use of HearFon’s Products and Services. Products and Services means our websites, e-store, mobile apps, software applications, and hearing devices, HearFon will collect, process, and share your Personal Information in accordance with this privacy policy.

WHAT PERSONAL INFORMATION HEARFON ONLINE COLLECTS AND WHEN
HearFon Online collects the following information, including Personal Information, when you interact with us and use our Products and Services:

Purchase and Warranty Information: means information, including Personal Information, you may provide to us when you purchase HearFon Products and Services, including related to your rights under a product warranty. Purchase and Warranty Information may include your financial information; contact information, such as your name, shipping and billing address, phone number, and email address; product identification information, like hearing aid serial numbers; and health information like your audiogram or an impression (mold) of your ear.

Website Information: means information that you enter directly or otherwise provide or disclose, including Personal Information, when you use or access any of our websites. Website Information includes information about the technology you used to access our website, including the IP address, internet service provider, browsers, apps, and devices. Website Information also includes details of your activities while on our websites, like how long you visited a webpage, the content you clicked on or accessed, and information about other sites you visited before or after our website. Website Information includes anything you submitted via the website like a webform to “contact us”, the content of any “chat” communications you have with us through our websites, or while applying for a job through an employment-related function of our websites.

Hearing Device and App Usage Information: means information, including Personal Information, you provide or that is generated during your use of our hearing aid devices, our apps, or both. Hearing Device and App Usage Information includes:

• Information you enter for hearing device and app functionality including your name, address, date of birth, gender, and audiogram, as well as information relating to the programming of your hearing aid, any third-party contacts you have identified, and any other data that you submit in connection with your use of the hearing device and app.
• Information about app usage and app features, like when you activate and use a particular feature and the extent or duration of use. This helps HearFon provide optimal functionality and overall user experience. HearFon also logs certain technical information including information related to internet protocol and device event information such as crashes, system activity, hardware settings, and the date and time of your request.
• Use time and classification of the environment in which the hearing aids are being used. This is necessary for HearFon to provide certain features and functionality of our Products and Services in different Listening situations. You can disable collection of this data, but doing so may limit functionality of our Products and Services.
• Few of the Hearing aids from Hearing aid manufacturers may collect Information related to physical activity like heart rate, or the number of steps a user takes, or if a user falls down. Collection and tracking of such activity information may require you to first enable and properly set up certain features in our Products and Services.
• If you have your geo-location function (also known as “location services” or “GPS tracking,” or other terms) activated and working on your mobile device, HearFon may collect location information, if you are using one of our apps. You can stop collection of this information by disabling your geo-location function on your mobile device.

Health and Patient Information: means information collected from you when you request an appointment, including your name and contact information, like telephone number or email address, as well as information about your hearing care needs, including health information, and your preferences for how we contact you.

Communications Information: means information you provide while communicating with HearFon, in any way, for any reason, that may include Personal Information. Communications Information includes the information you provide over the phone, which may include your name, phone number, address, email address, device serial number, as well as the content of any phone calls you have with us.

Your Information Shared by a Third-Party You Authorized: means your Personal Information that is provided to us by a third-party, because you authorized the third-party to share it. For example, you may authorize your Finance provider to share your Personal Information with HearFon, which may include your contact information, financial information, and health information. 

WHY HEARFON COLLECTS YOUR PERSONAL INFORMATION
We collect your Personal Information because it is necessary to provide the services, features, or functionality of our Products and Services that you have elected to use. HEARFON also collects your Personal Information for legitimate business purposes, to protect HearFon and its customers, and for legal reasons. We only collect and process your Personal Information based on our legitimate interests when we have determined our legitimate interests are not outweighed by your privacy and data protection rights.

Depending on your interaction with HearFon, and your use of our Products and Services, HearFon may collect your Personal Information for the following reasons:

• providing you with access to and use of our Products and Services, either independently or with the assistance of our partner clinics.
• operating, maintaining, and improving our Products and Services;
• scheduling and communicating with you about your appointment;
• sending you important administrative notifications or confirmations, as well as technical notices about things like updates and security alerts;
• responding to your comments and questions and providing you with customer support;
• preventing abuse of our Products and Services, and investigating or prosecuting any potential threat or misuse;
• to protect, investigate, and deter against fraudulent, unauthorized, or illegal activity;
• protecting the rights and property of HearFon and its customers, including in the event of legal claims;
• tracking and analyzing our advertising and promotional efforts;
• sending you marketing or promotional communications that may be based on your behavior and personal information, and that may include social notifications, surveys, or other newsletters depending on your settings; and
• fulfilling any purpose for which you have given us your consent.

Some features of our websites allow you to communicate with us using an online form. If your communication requests a response from us, we may send you a response via email. The email response or confirmation may include your personal information, including your name and contact information. We cannot guarantee that our emails to you will be secure from unauthorized interception.

When required by law, we will obtain your consent before sending you certain marketing communications. You can withdraw consent at any time by unsubscribing to such communications.You may also opt-out of receiving future marketing information, like marketing emails, at any time, by using the instructions provided in marketing communications.

In the case of information relating to your hearing and your location, we will first obtain your consent before using such information. You may withdraw your consent at any time by either disabling location tracking through your device’s settings, or where possible, using the functions in our Supplied Products and Services to switch off geolocation information tracking, or by terminating HearFon’s access to your account (for example, by deleting a mobile app).

HOW HEARFON COLLECTS INFORMATION

You Give HearFon Information Directly
We collect the information you give us when purchasing and using our Products and Services. For example, when you download Hearfon Connect app, in order to create a user account,it is necessary for you to provide information to HearFon. The information you give us includes Personal Information, like your name, address, date of birth, gender, height,and audiogram as well as information relating to the programming of your hearing aid, third-party contacts, and any other data that you submit in connection with your use of our Products and Services.

You Give HearFon Information Indirectly (Collected Using Technology like Cookies)
We use tracking technology like cookies to collect information about how you use our Products and Services, and to provide you with essential services, functionality and personalization of our Products and Services. The purpose of this section is to provide you with the necessary information regarding our use of cookies, and the storage of such cookies on your device when you access our websites, to enable you to choose whether to allow cookies to be placed on your device.

Cookies are small text files that can be stored on your computer by a website that you visit. Cookies are widely used to make websites work, or work more efficiently, as well as to provide web services and functionalities for users.

Cookies may be either “persistent” or “session” cookies. A persistent cookie consists of a text file sent by a web server to a web browser, which will be stored by the browser until its set expiry date (unless deleted by the user before the expiry date). A session cookie, or temporary cookie, will expire at the end of the user session, when the web browser is closed.

Web beacons are small files (also called “pixels”, “image tags”, or “script tags”) that may be loaded on our websites, applications, and tools, that may work in concert with cookies to identify our users and provide anonymized data about their activity.

Privacy laws in some jurisdictions require that we obtain your consent before cookies may be stored or accessed on your equipment, except that we do not need consent for cookies that are strictly necessary to provide our Products and Services.

• Essential Cookies are necessary to provide you with core website functionality, personalization and browsing history. For example, a preference cookie is required to maintain a record of your consent or non-consent preferences so that we may respect them for future visits. These can only be disabled by changing your browser preferences. HearFon does not share this information with third- parties.
• Functionality Cookies help us customize our website content based on your preferences, to provide you with a more personal experience on our websites. The information these cookies collect may be anonymized and does not include browsing activity on third-party websites.
• Analytics Cookies are used to collect information about traffic to our websites and user activity on our websites. The information is aggregated and anonymous and does not identify any individual visitor. It includes the number of visitors to our websites, the pages visited, and other similar information. We use this information to help operate, maintain, and improve our websites.
• Social Media Cookies. We allow users to share links to our websites on social media sites like Facebook and Twitter. These cookies are not within our control. Please refer to the respective privacy policies of the social media provider for how their cookies work.
• Disabling Cookies. Most web browsers allow control of cookies through the browser settings. By adjusting your web browser, you may avoid receiving cookies. However, this might result in the website not functioning optimally. The method used to block cookies will depend on the web browser used. Consult the “Help” or corresponding menu in your web browser for instructions.

You Authorize a Third-Party to Give HearFon Your Information
You may authorize a third-party, like a Financial Instituition, to give HearFon information about you.

HOW HEARFON SHARES PERSONAL INFORMATION

Third Parties Designated by You. We may share your Personal Information with third parties where you have provided your consent for us to do so. 

External Processing. We may share your Personal Information with our third-party service providers who provide services such as data analysis, payment processing, information technology and related infrastructure, email delivery, and other similar services. We require that our third-party service providers use your Personal Information only to provide the services we’ve requested based on our instructions and in compliance with our privacy policies and any other required confidentiality and security measures.

For Legal Reasons. We may share your Personal Information as we believe necessary or appropriate (a) to comply with applicable laws; (b) on reasonable request by a law enforcement or regulatory authority, body, or agency; (c) in the conduct or defense of legal claims; (d) when obtaining professional advice (including legal advice) in relation to audits and our business and consider this in our legitimate interests in managing our business; (e) to enforce our agreements; and (f) to protect our rights, privacy, safety, or property, or that of you or others. We will not delete Personal Information if it is relevant to an investigation or a dispute; relevant information will be stored until such issues are fully resolved.

New Owner of Our Business. We may share your Personal Information with a third-party (new owner) in the case of a merger, acquisition, dissolution, or sale of one or more of our business entities. In that case, we would also be sharing your Personal Information with that third-party’s advisors related to the transaction.

Affiliates. We may share your Personal Information with other companies owned by Hearfon. Our Affiliates are bound to protect Personal Information in accordance with applicable privacy and data protection laws.

HOW HEARFON SECURES INFORMATION WE COLLECT
Hearfon works to secure the information we collect, including by employing administrative and technical security measures to protect information from unauthorized access, loss, misuse, corruption, alteration, and destruction. HearFon uses commercially accepted means to secure your Personal Information, including encryption, but we cannot guarantee its absolute security.

Please contact our Corporate office immediately if you have reason to believe your Personal Information or any of our Products and Services are not secure or have been accessed without authorization. If you receive a communication that purports to be from HearFon that you believe is suspicious, do not open or respond to it, and please contact our corporate Office

YOUR DATA PROTECTION RIGHTS UNDER GENERAL DATA PROTECTION REGULATION (GDPR)
Depending on your interaction with HearFon and your use of our Products and Services, HearFon collects and processes your Personal Information on the following legal bases:

1. As necessary to enter into, perform, or terminate a contract with you, and to provide you with, and facilitate your use of, our Products and Services.
2. Because you have provided consent.
3. As necessary to operate our business and pursue our legitimate business interests, where our interests are not overridden by your privacy and data protection rights.
4. To comply with the law.

HearFon takes reasonable steps to allow you to correct, amend, delete, or limit the use of your Personal Information.

Opt-out. You can contact us any time to opt-out of (a) promotional and marketing communications; (b) any new processing of your Personal Information that we may carry out beyond the original purpose; or (c) the cross-border transfer of your Personal information. Please note that your use of some features of our App or Products and Services may be affected upon opt-out.

Object. You can ask us to stop using your Personal Information where we no longer need it to provide our Products and Services or for other legitimate reasons.

Access. You can ask us to confirm if we are processing your Personal Information and you can ask at any time to access the Personal Information we have collected from you by contacting us directly.

Update. You can ask us to correct your Personal Information if it is wrong.

Move. You can request to move your Personal Information to other companies. You may ask that we provide your Personal Information in an easily readable format.

Erase and forget. In certain situations, you can ask us to stop using your personal information or delete your information, including where we no longer need it to provide our services to you.

If you wish to exercise any of these rights, please contact us at:

Attn: Admin Officer

HearFon HealthTech Pvt Ltd
2,Janardhan Towers,Residency Road
Bangalore-560025.

info@hearfononline.com

In your request, please clearly state (a) what Personal Information is concerned, and (b) which of the above rights you would like to enforce. For your protection, we may need to verify your identity before implementing your request. We will try to comply with your request, usually within a month, and we will tell you if we need additional time.

Please note that, under applicable law, these rights may be qualified, for example, where your information is being used in legal proceedings. We may need to retain certain information for recordkeeping purposes or to complete any transactions that you began before requesting the change or deletion, unless a longer retention period is required or permitted by law (for example, for regulatory purposes).

When you receive promotional emails from us, you can also unsubscribe or opt-out by clicking the link provided in the emails. You cannot opt-out of receiving administrative communications (e.g. communications related to your use of our Products and Services, or related to your hearing care that we are providing).

INTERNATIONAL DATA TRANSFER
Where allowed by applicable law, HearFons Products and Services may be delivered using