Ponto Trial Companion app
We protect your privacy – the short version
- At Oticon Medical we respect and protect your privacy. We are dedicated to be as transparent as possible regarding the use of your personal data in the App.
- The App has been created to allow you to rate and comment on different situations when you are trying a bone anchored device and then send an overview of these ratings to your clinic personnel.
- Remember, you can always easily stop all collection of information by the App by uninstalling the App.
- To provide you with this service we collect and process your personal data. We do this in compliance with relevant Data Protection Regulation, including the General Data Protection Regulation (GDPR).
- You are entrusted with several rights, including right to information and right of access.
Please read the full Privacy Notice below for detailed information.
This Privacy Notice only applies to information gathered on or via the Ponto Trial Companion App (the App).
By using the App and affiliated services (“the Service”), you accept this Privacy Notice and Oticon A/S’ processing of your personal data as described herein.
1. DATA CONTROLLER & APP MANUFACTURER
Oticon A/S is the legal entity responsible for controlling the data collected in the App
Company registration no. [(CVR no.): 42334219]
(hereafter ”[Oticon]”, ”we”, ”us” or ”our”)
2.1 Purpose and functionalities
This app has been created to allow you to rate and comment on different situations when you are trying a bone anchored device and then send an overview of these ratings to your clinic personnel.
Features and functionalities in the App may be added, changed and discontinued at the full discretion of Oticon.
Please note: THE APP IS IN NO WAY TO BE CONSIDERED OR USED AS A REPLACEMENT FOR PROFESSIONAL MEDICAL ADVICE FROM YOUR HEARING HEALTH CARE PROFESSIONAL.
2.2 Right of use
Oticon grants you a non-exclusive, non-transferable, revocable license to use the Services for your personal, non-commercial use and only on devices as permitted by the applicable platform terms and in accordance with this Privacy Notice. All other rights in the Services are reserved by Oticon.
2.3 For free and “As Is”
The App is made available for your use for free. The information contained in and functionalities available via the App is provided “as is” and Oticon offers no warranties of merchantability or fitness for a particular purpose.
2.4 Limitation of Liability
We strive to keep the Service accessible 24/7. Yet the Service can be inaccessible in situations, which can be due to safety or maintenance reasons, unstable network connection, failure in communication links or hardware. We execute backups on a regular basis, but cannot guarantee that there will be no data loss.
To the fullest extent permitted by law, Oticon shall not be liable for damages resulting from use of the App, including direct, indirect, incidental, consequential, punitive, specific or other damages, lost opportunities, lost profit or any other loss or damages of any kind.
2.5 Intellectual Property
The Oticon name and logo, and other Oticon trademarks, service marks, graphics and logos used in connection with the App are trademarks of Oticon and may not be copied, imitated or used, in whole or in part, without the prior written permission of Oticon or the applicable trademark holder. The App and the content featured in the App may be protected by copyright, trademark, patent and other intellectual property and proprietary rights which are reserved to Oticon.
2.6 Breach of terms
In the event of your breach of these terms we will be entitled to terminate the use license immediately.
DATA PRIVACY RELATED MATTERS
3. OUR RESPONSIBILITY AS DATA CONTROLLER
3.1 We take the protection of your personal data seriously
We have adopted this Privacy Notice to inform you how we process your personal data. Oticon is the data controller and we ensure that your personal data is processed in accordance with applicable legislation.
3.2 We ensure fair and transparent data processing
When we ask to make your personal data available to us, we will inform you of the personal data we are processing and the purpose hereof. You will receive this information when your personal data is being collected.
4. PROCESSING OF PERSONAL DATA
4.1 Collection of non-personal aggregated data
When you use the app, we may automatically collect general information. The information collected cannot be used to identify you as an individual, as we aggregate data across all the app users. The information is only used in aggregate form to tell us how the application features are used in general. This could be information about when the feature is typically activated and/or how extensively a feature is used.
4.2 Collection of personal data
When you use the app, you have the option of sending a report to the personnel at your hearing care clinic.
If you choose to send a report, we will ask you to provide your name and the email address of the clinic personnel. A report containing your name, ratings, comments and app usage period will then be created and sent to your hearing care clinic.
We will temporarily store the report and the contact details of the clinic personnel for the sole purpose of sending the report. We will not keep any of your personal data or the contact details of the clinic personnel.
If you choose not to send a report to your hearing care clinic, we will not collect, register or use any of your personal data.
4.3 We collect and keep your personal data for specific purposes
We collect and use your personal data for specific and legitimate purposes, including:
- To deliver the services via the App as described above
- To improve our services and develop new ones based on both identifiable and aggregated/anonymised information
- Administer your relation to us, including the sign-up process, enquiries and complaints.
We only process personal data about you, which is relevant and sufficient for the purposes defined above. This means that we do not use your personal data more extensively than necessary for the specific purpose.
4.4 Legal bases for processing
When you activate the App, we ask for your explicit consent to collect and use your personal data as described under 4.2 should you choose to send a report to your hearing care clinic. As the data may reflect health information, we require your explicit consent before processing sensitive personally identifiable information concerning to you.
Your consent will be our basis for processing personal data regarding you. Your consent is voluntary and you can withdraw your consent at any time by contacting us. Use the above stated contact information if you wish to withdraw your consent or want further information. Please note that if you withdraw your consent, you will not be able to send a report to your hearing care clinic. Withdrawal of consent will only have future effect and will not affect our use of personal data before you withdrew consent.
4.5 Disclosure of your personal data
We will not rent, sell or otherwise share or disclose your personal data, except as described herein or otherwise stated at the time the data is collected.
We may share your personal data with other companies within the William Demant Group in order to deliver and improve our products and services and for research purposes. Please refer to the organizational chart in our latest annual report to see which companies are part of the William Demant Group. You can find our latest annual report at www.demant.com.
We may also disclose your personal data, if the disclosure is warranted by law, court order or judicial act.
We may share non-identifiable information in aggregated form publicly and with companies, organizations or individuals outside of Oticon or with our partners, i.e. publishers, advertisers or connected sites. For example, we may share non-identifiable information publicly to display trends about the general use of our applications.
Transfer to recipients outside the EU
If we transfer your personal data to a company in the William Demant Group situated in a jurisdiction outside the EU, the EEA, or the European Commission-approved countries providing ‘adequate’ data protection, we will always ensure that adequate safeguards are taken to ensure data protection, e.g. by way of EU Commissions Standard Contractual Clauses.
We may also share your personal data with service providers who perform services and functions related to the App on our behalf. Such service providers will not gain any right to process your data for any other purposes but to help us deliver the services to you.
We only use service providers that give sufficient guarantees to implement appropriate technical and organisational measures in such a manner that processing will meet the requirements of the relevant Data Protection laws including ensuring the protection of the rights of the data subject.
We use Microsoft’s Azure platform operated by Microsoft Ireland Operations Ltd). We are only using data centres located in the EU; presently in the Netherlands. You can read more about the services and regulatory compliance here: www.microsoft.com/en-us/trustcenter/compliance.
4.6 We protect your personal data
We protect your personal data against unintended loss or alteration of your data and against unauthorized disclosure of or access to your personal data.
If we experience a data breach, we will notify you as soon as possible, if the breach is likely to result in a high risk to your rights e.g. theft of ID, economic loss, discrimination of you, loss of reputation or other significant inconvenience.
5. YOUR RIGHTS AS DATA SUBJECT
5.1 You have the right to access your personal data
You have the right, at any time, to receive information about the personal data we are processing about you, where we have collected your data, and what we are using your data for. You also have the right to know how long we will keep your personal data, and who we share your data with.
You can request a copy of the personal data we process concerning you. Your access can be restricted to ensure other people’s privacy protection, trade secrets and intellectual property rights. You also have the right to data portability.
If you want to exercise your rights, you can contact us at the contact points listed above.
5.2 You have the right to have inaccurate personal data corrected or deleted.
If you think the personal data we are processing about you is inaccurate, you have the right to request correction. You must contact us and inform us about the inaccuracies and how to rectify the information.
In some instances, we are obliged to delete your personal data. This might be the case if you withdraw your consent. If you are of the opinion that your personal data is no longer necessary in accordance to the purpose for which we collected them, you are entitled to request deletion of your data. You can also contact us if you believe your personal data is being processed contrary to applicable law or other legal obligations.
We will investigate if the conditions are fulfilled, when you make a request of having your personal data rectified or erased. If so, we will carry out the amendments or deletion as soon as possible.
5.3 You have the right to object to our processing of your personal data
You have the right to object to our processing of your personal data. You can also object to our disclosure of your personal data for marketing purposes. You can use the contact information above to submit an objection. If your objection is justified we will ensure the termination of the processing of your personal data. If you wish to make a complaint about our processing of your personal data, you have the right to contact the Danish Data Protection Authority (“Datatilsynet”), Borgergade 28, 5th floor, 1300 Copenhagen K, +45 3319 3200, e-mail: firstname.lastname@example.org.
Oticon reserves the right to amend this Privacy Notice at any time with an appropriate notice to you. The Terms in force at any time are available through the Service. If you continue to use the service, you are deemed to have accepted such changes.
7. DANISH LAW
Our Service is based in Denmark. The information we collect is governed by applicable Danish law. We operate the Services in Denmark, and depending on your country of residence, the submission of Personal Information via the Services may involve transfer of personal information to Denmark, or where our servers are located.
This Privacy Notice was updated on 27 February 2019.