Privacy Policy
Jacoti Privacy Policy

In this Privacy Policy, we provide you with information about the processing of your personal data by Jacoti when you consult our website and when Jacoti provides products and services to you as a result of your use of the Jacoti applications and website (hereinafter collectively: “the Service”).

By your use of Jacoti’s Service, including the use of our website and (mobile phone) applications (our “Site” and “Applications”), you acknowledge that you have read and understood this Privacy Policy.

This Privacy Policy also applies when you have agreed to receive our newsletters, alerts, and other tailored communications about the Service.

Use of our Site

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:

  • to provide you our Services, including to offer and enable the functionalities of our Site, among others by use of cookies. Such processing is based on the necessity of the processing for the performance of the contract that we have with you (or for pre-contractual measures);
  • to interact with you when you fill in contact details in the email form on our Site or when you provide us these contact details via other means. Such processing is based on the necessity of the processing for the performance of the contract that we have with you (or for pre-contractual measures) and in any event also on our legitimate interest to reply to you;
  • to allow you to log into your web profile. Such processing is based on the necessity of the processing for the performance of the contract that we have with you;
  • to allow you to make use of any other functionalities offered on our Site. Such processing is based on the necessity of the processing for the performance of the contract that we have with you (or for pre-contractual measures) and in any event also on our legitimate interest to have you use these functionalities;
  • to track how users interact with our Site and how often they visit our Site, making use of cookies.

For more information regarding our use of cookies, please consult our cookie policy

How does the Service work?

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.

What data is collected and processed?

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:

  • your IP address, or other system identification address and your email address, which are required to recognize and interact with the Application so that the application can work;
  • your audiogram/hearing test measurements data, device language preferences, name, gender, usage time, age, time of deafness, linking it to the IP address, other system identification address;
  • for hearing professionals: their job title, phone number, professional identification, work place, city;
  • your interaction with our Applications (buttons you press, adjustments, etc.), linking it to the IP address or another system identification address.

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.

Where is your data processed?

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.

What will happen if you refuse to provide your personal data and refuse explicit consent to your health data being processed?

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.

To whom will your personal data be disclosed?
Jacoti group companies and branch offices

Jacoti may share your data with affiliated companies in the Jacoti group of companies and its branch offices in the European Economic Area for the purposes described in this Privacy Policy.

Third party service providers

Jacoti will only disclose personal data about its users, if any, to third party service providers:

  • for processing purposes associated with the supply of the Services, such as in the case of hearing experts that a user allows to link to the user’s web profile or the data centers to host the data;
  • for Sites or Applications’ administration;
  • for the conduct of its business;
  • to manage its users’ relationships;
  • to perform market research and improve its Service.

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.

Hearing experts

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.

Authorities

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.

Business sale

We may disclose your (personal) data in the event that we / our shareholders (intend to) sell or transfer all or a part of our business or assets. Should such a sale or transfer be considered or occur, the candidate buyer will only receive this information for the purpose of its due diligence and we shall use reasonable means to require that the transferee processes your personal information in a manner that is consistent with this Privacy Policy.

How long will we keep your data?

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.

Security

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.

Your rights?

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:

  • Jacoti bvba, Vlamingstraat 4, 8560 Wevelgem, Belgium, registered in the Belgian Crossroads Bank of Undertakings under number 0440.463.241, or
  • info@jacoti.com

The Data Protection Officer (DPO) of Jacoti can be contacted at the same address or at the following e-mail address: privacy@jacoti.com.

Changes to the Privacy Policy

This Privacy Policy may be modified to reflect changes in applicable laws or regulations, or changes in Jacoti’s practices, procedures and Services. We reserve the right to add to or amend this Privacy Policy at our sole discretion, without prior notice to you. If we change this Privacy Policy, we will provide you with a copy of the new version by posting the new version on our Sites or Applications. The renewal of this Privacy Policy will not result in a decrease of the level of protection of your personal data. Please review our Privacy Policy on a regular basis to make sure you have read the latest version and you understand what we do with your personal data. Your continued use of the Service, including our Sites or Applications, following the posting of changes to these terms means that you consent to those changes.

This version of the Privacy Policy is effective as of May 25 th , 2018.