Our Site provides information about the Service and allows you to contact Jacoti. When you access the Site, Jacoti processes your personal data for the following purposes:
In order for the Service to be performed you have to install the Applications on your mobile device and permit the device to connect to the internet. The Applications will send information from the Applications to the servers used by Jacoti and will receive information back from these servers to optimize the audio experience provided by the Applications. If you are a user, you may authorize hearing experts to link to your web profile in order to optimize configuration of your Application. Authorized hearing experts also have to register to use the Applications which will allow them to access your data if you have given them your explicit consent.
In order to provide you with the Service via the Applications, we require your explicit consent to the processing of your personal data concerning health. We cannot offer you the Service without such explicit consent.
We collect personal data during the installation procedure of the Applications and your setting up/configuration of your web profile with Jacoti. We subsequently process (technical) information about your sense of hearing that is required to optimize personal hearing loss compensation, in order to provide you with the Service in general and to acquire knowledge to further improve and develop our Service. Using the Applications implies information sharing with Jacoti for the purpose of your web profile and identification as registered user. Furthermore, there are minimum requirements of data sharing required for the Applications to be activated and function.
We require processing a confirmed email address so as to allow our servers to recognize the installed Application owner uniquely in order to allow our Applications to run properly and to be able to communicate with you for the purpose of complaints and medical devices post marketing surveillance of our Applications.
Without limiting the generality of the foregoing, more in particular, data collected from you with respect to the use of our Sites and Applications among others includes:
By installing and using the Applications you acknowledge that Jacoti can anonymize your personal data to the effect that it is no longer personally identifiable and to use that anonymized data for other purposes, including commercial purposes.
Finally, when you have agreed to receive our newsletters, alerts, and other tailored communications about the Service, [ or when you are an existing customer and have not opted-out ], your contact data (name, e-mail address) and any other personal data that you may provide us when providing your consent, will also be collected and processed for the purpose of these tailored communications.
Your data is processed and stored on servers in different locations in the European Union. Data consisting solely of your email address and name may be processed in the United States of America by our mail service provider "The Rocket Science Group LLC d/b/a MailChimp" (who are Privacy Shield certified). Otherwise, your data is not exported outside the European Union.
The provision and processing of your personal data, including health data such as audiogram data and time of deafness, is necessary to successfully conclude the registration process and for the performance of the Service. Your refusal to provide your data for processing and your refusal to provide explicit consent for the processing of health data, means that the Service cannot be provided to you.
You have at all times the right to object to your personal data being used for direct marketing purposes.
Jacoti will only disclose personal data about its users, if any, to third party service providers:
Third party service providers who process personal data on behalf of Jacoti will be required to take appropriate technical and organizational measures to protect the security of that data, and to act only in accordance with the instructions of Jacoti in respect of the processing of such data.
Your personal data collected by Jacoti can be accessed by, and used to assist you by, the hearing expert that you have visited and that you have given the right to do so after the expert sent you an invitation allowing you to link the expert to your web profile account. When you have linked your account to the expert concerned, and thereby have consented to the processing of your data by the expert, that expert has access to the web profile for your account.
We may be required to disclose personal or technical data to other parties and/or for other purposes (i) by law or pursuant to legal process; (ii) to enforcement or public authorities in response to a request from such authorities; or (iii) if we believe disclosure is necessary or appropriate to prevent physical harm or in connection with an investigation of suspected or actual illegal activity.
We keep your personal data for as long as we provide the Services to you. If you cease use of the Services, the audio related data that has been communicated to Jacoti remains part in anonymized form of the overall dataset that is used to improve the listening experience of other users going forward. Other users will not have access to data relating to individuals that have ceased use of Jacoti products and services.
Jacoti has implemented appropriate technical and organizational measures to safeguard the personal data, which it processes, if any, against accidental or unlawful destruction or accidental loss, alteration, unauthorized disclosure or access, and other unlawful forms of processing. Jacoti uses administrative, technical, and physical measures to safeguard data against loss, theft and unauthorized uses, access or modifications. Certain areas of our Site or Service may be password protected. If you are a user of our Site or Service and have a password, you can help to preserve your privacy by ensuring that you do not share your password with anyone else. Subcontractors such as IT-service providers processing data on our behalf are held by legally binding confidentiality and security requirements.
The General Data Protection Regulation (GDPR) gives you certain rights as a data subject. These rights are not absolute and can be subject to certain conditions provided by the GDPR.
In particular, you have a right to request from Jacoti access to and rectification or erasure of your personal data or restriction of processing that concerns you or to object to processing as well as the right to data portability.
For processing that is based on consent, you have the right to withdraw consent at any time, without affecting the lawfulness of processing based on consent before such withdrawal (it being understood that in case you withdraw your explicit consent for the use of your health data, we will no longer be able to provide the Service).
You also have the right to lodge a complaint with a competent supervisory authority.
You may exercise your legal rights with respect to the processing of your personal data for the purpose of the Service, including direct marketing, by contacting the controller at:
The Data Protection Officer (DPO) of Jacoti can be contacted at the same address or at the following e-mail address: email@example.com.