Last updated: 02.11.2023
This Privacy Notice describes how your personal data, including sensitive data, are collected and processed, related to the use of your Hearing Devices (“HD”). In this context, this Privacy Notice covers the processing of your personal data carried out via the “myPhonak” Application (“Mobile App”) or myPhonak Web Portal (“Web Portal”) together with all related technology to access or otherwise use the Mobile App as described below. The processing of your personal data comply, according to your country, with local law requirements, including the Swiss Federal Data Protection Act (“FDPA”), the Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 (“GDPR”), or the Health Insurance Portability and Accountability Act of 1996 (“HIPAA”) for your personal data qualified as Protected Health Information.
This Privacy Notice may be updated from time to time. In this case, we will inform you that this Privacy Notice has been modified and the “last updated” date on top of this document will be modified. We recommend that you periodically review the latest version of this Privacy Notice.
Sonova AG, Laubisrütistrasse 28, 8712 Stäfa, Switzerland (www.sonova.com), (“Sonova AG”) acts as a Controller for the processing listed in the following section.
Your Hearing Care Professional (“HCP”) may also act as Controller for the processing described at the end of the section below.
Sonova AG processes your personal data for the following purposes:
Based on your consent (those processing are not mandatory and will occur only if you agree and consent to it):
*For those processing, categories of personal data collected may differ according to your HD. For more information about your HD functionalities, you can contact your HCP or Sonova at the email address provided at the end of this document.
Based on the performance of your contract (those processing are mandatory as they are necessary to improve your hearing experience and to ensure the proper functioning of your HD and the Mobile App):
Based on our legal obligation (under the Medical Device Regulation, we, as a manufacturer, must set up a monitoring system that enables the collection and analysis of data about the quality, performance and safety of our medical devices):
Your HCP processes your personal data for the following purpose, based on the performance of your contract:
By accessing the Web Portal and creating and/or accessing your customer account, your personal data are processed by Sonova AG for the following purposes:
Your personal data will be processed according to the instructions we provide to our employees who have received the necessary training in data protection and are subject to an obligation of confidentiality.
Your personal data may also be disclosed to:
By using the Mobile App and/or the Web Portal, only personal data that are strictly necessary for the following purposes are shared (the location of your personal data which are shared may vary depending your country):
Before we disclose any personal data to other third parties than those listed above, we will explicitly ask you for your consent. However, if we are obliged to disclose personal data without your consent, we will only disclose personal data that are strictly necessary for that purpose to fulfil our legal obligations.
Please note that some of the above-mentioned third parties can be located outside your country. Therefore, your personal data may be transferred to countries that do not provide the same level of protection of personal data as your own country. In such cases, we undertake to:
Sonova AG will retain your personal data for a minimal period proportional to the time required to fulfil the purposes outlined in Section 2. For example, relevant personal data will no longer be retained if you delete your account or if our contractual obligations are fulfilled. In the event applicable law or other regulations require a longer retention period, we will apply the longer retention period in order to fulfill our legal obligations.
Your personal data processed by HCPs will be retained in accordance with applicable laws. For more information on their specific retention periods, please contact your HCP.
Within the framework of the collection and processing of your personal data, and as per applicable law, you may have the right to request access, rectification, erasure of your personal data, or restriction of processing. In addition, you may object to the processing, request data portability and withdraw your consent at any time. According to your country, you may have other rights such as providing instructions for how your personal data should be processed posthumously. Under HIPAA you may also have the right to request an accounting of disclosures of your personal data, and the right to receive a paper copy of this notice upon written request.
You may exercise your rights by using the contact details in the “How to contact us” Section below, or you should contact your HCP if your rights concern personal data processed for the purpose of Remote Support Service.
Please note that the exercise of such rights is subject to the limitations provided by applicable law.
If you consider that the processing of your personal data infringes applicable law then you may also lodge a complaint with the local supervisory authority or the competent regulator.
The Mobile App may contain links to other websites or content belonging to or originating from third parties or links to websites and features in banners or other advertising. Such external links are not investigated, monitored, or checked for accuracy, adequacy, validity, reliability, availability or completeness by Sonova. Therefore, please note that the Mobile App does not disclose any personal data to those third parties and their websites and that we are not responsible in any way of personal data processed by them.
For example, this is the case with the Health Resources tab which gives you access to a list of 3rd party health-oriented applications that are therefore not under Sonova’s responsibility.
In the event of questions about this Privacy Notice, or the processing of your Personal Data, please contact our Data Privacy Team at firstname.lastname@example.org.