COCHLEAR GLOBAL PRIVACY NOTICE
When you interact with Cochlear, we may collect and use your personal information as set out in this Privacy Notice (“Notice”). Please read this Notice carefully as it explains how your personal information is collected, used and disclosed by Cochlear Limited and its subsidiaries around the world (the “Cochlear Group”). It also tells you how you can access and update your personal information and make certain choices about how your personal information is used.
This Notice covers both our online and offline data collection activities, including personal information that we collect through websites, apps, paper forms, customer services and events.
Please note that we might aggregate personal information from different sources (website, offline events) and across different devices. As part of this, we may combine personal information that was originally collected by different Cochlear entities or Cochlear partners.
Please note: this Privacy Notice does not govern Cochlear’s collection, use, or disclosure of Protected Health Information as defined by the U.S. Health Insurance Portability and Accountability Act (“HIPAA”). You may view our HIPAA Notice of Privacy Practices.
WHAT PERSONAL INFORMATION DOES COCHLEAR COLLECT?
Personal information provided by you.
When you interact with Cochlear, you may provide us with your personal information. For example, you may provide:
- your name and contact details when registering for a Cochlear account on our websites or via one of our apps, or when visiting a Cochlear facility or event;
- information about your personal hearing journey in our Cochlear Community forums or other services;
- biological and demographical information such as your age, date of birth, gender, health or medical treatment when registering a device, or using or requesting information about our products and services;
- financial information such as your credit card number when purchasing products or services from us;
- Customer service and purchase history and any information that you voluntarily share with us about your experience of using our product and services (e.g., market research and consumer feedback);
- Location data such as data derived from your IP address, country and precise geolocation of your mobile device (where we have provided appropriate notice and choice);
- Audio, electronic, or visual information if you participate in our events or provide us with a talent or media release; or
- Other personal information you may provide to us when you contact us, via telephone, online or through any “contact us” features.
If you are a healthcare professional, we may also collect information about your medical specialty, your clinical interests, and your involvement with Cochlear products.
You are not required to provide personal information to us, but in some circumstances, we might not be able to provide all of our services to you without your personal information.
Personal information collected through your use of our products and services.
Cochlear receives information when you use Cochlear apps and services. This information includes how you use an app and/or your hearing device, and information about your sound processor (e.g., device number, your account number, model, hardware version). Additionally, when you visit our websites or use our apps, your computer or mobile device may send certain analytic data to us such as your IP address, your browser version, the version of the app you are using and any errors encountered.
Personal information from third parties.
From time-to-time, we may acquire information about you from other organisations or individuals. For example, upon receiving a hearing implant, your healthcare provider may register with us your hearing implant serial number, sound processor serial number and settings, and contact details to make sure you have our full support. We may also acquire data from third-party providers to supplement our market analysis and marketing efforts. This additional data helps us to provide you with a more personalised experience.
HOW DOES COCHLEAR USE PERSONAL INFORMATION?
In order to transform the way people understand and treat hearing loss, and innovate and bring to market a range of implantable hearing solutions, we use personal information for the purposes described below and those described in the Privacy Supplements.
|Purpose of using personal information||Why we do this||Our legitimate interests (the benefits and/or outcomes)|
|Warranty and records. We use your personal information to keep and maintain records relating to our medical devices and to track warranty periods, maintain a distribution record and device history record of Cochlear products and maintain a record of medical queries and/or complaints relating to our products.||
|Registration of devices. We use your personal information to register your devices to enable us to keep proper records and to provide full support for service and repairs.||
|Marketing. We use your personal information to enable our marketing and promotional efforts, such as inviting you to participate in surveys and provide feedback to us, or by contacting you with offers and other information related to our products and services, which we believe will be of interest to you.||
|Personalisation. We use your personal information to provide you with a personalised experience when you use our websites and apps. We may create a profile from the interactions we have with you to help us understand what information you might be interested in receiving.||
|Customer Service. We use your personal information for customer service purposes, including responding to queries and requests for information about our products and services. We may also provide you with service-related notifications such as warranty expirations.||
|Product and service development and improvements. We may use your personal information to test, support and develop upgrades and improvements to our products and services (e.g., to enable the proper configuration, activation, maintenance and management of devices) as well as to develop new products and services, to analyse product performance, service and reliability data and to improve the content, functionality and usability of our websites and apps.||
|Other general purposes (e.g., internal or market research, analytics, security). In accordance with applicable laws, we may use your personal information for other general business purposes, such as maintaining your account, conducting internal or market research and measuring the effectiveness of advertising campaigns. We reserve the right, if you have Cochlear accounts, to reconcile those accounts into one single account. We may also use your personal information for management and operation of our communications, IT and security systems and to monitor for security or anti-fraud purposes.||
Use of de-identified data. There may be circumstances where we are permitted by law to aggregate or de-identify your personal information, to ensure that the information is no longer connected to you, and after aggregation or de-identification, the data is no longer classified as personal information. Such uses of information are not subject to this Notice.
WHEN DO WE SHARE PERSONAL INFORMATION AND WITH WHOM?
Within the Cochlear Group.
We may share personal information within the Cochlear Group globally. Each member of the Cochlear Group will use and share your personal information only as set out in this Privacy Notice.
With Our Service Providers.
We share personal information with organisations that provide or perform services to, for or on behalf of Cochlear; for example, our distributors, companies that provide website support services, or that help us market our products and services. In some cases, you may provide your personal information directly to these third party service providers (e.g. when you make a purchase in our online store and enter your credit card information for payment, that data is sent directly to a third party payment processor), and the data may or may not be shared by that third party with Cochlear. Our service providers are required by contract to protect the confidentiality of the personal information we share with them and to use it only to provide services to us.
With Third-Party Companies.
Except in situations where you have given your consent, we do not license or sell your personal information to third-party companies for their own marketing purposes. The identity of any such third-party company will be disclosed to you at the time your consent is sought.
With Health Care Partners, Providers and Carers.
We may share your personal information with your health care providers (e.g. your surgeon, audiologist, etc.) to assess your suitability for our products, to help with your use of our products, or for other reasons related to treatment, health care operations, or payment. For example:
- when you place an order for an applicable product or service (or if you are in the process of placing an order), we may share your personal information with organisations paying for health services on your behalf (for example, Medicare or Medicaid in the U.S., and reimbursement authorities and insurance companies in other markets); and
- when using Cochlear’s cloud technologies to allow sound processor configuration files to be securely backed-up by Cochlear and shared among your designated healthcare providers.
Additionally, in accordance with applicable laws, we may disclose personal information to parents, guardians or carers (as applicable).
Your personal information may be transferred to a company that has acquired the stock or assets of a member of the Cochlear Group or one of our operating divisions; for example, as the result of a sale, merger, reorganisation or liquidation. If such a transfer occurs, the acquiring company’s use of your personal information will still be subject to this Notice and the privacy preferences you’ve expressed to us.
Legal/Government Requests and the Protection of Cochlear and Others.
We may disclose personal information when we, in good faith, believe disclosure is appropriate to:
- comply with the law (or a court order or subpoena);
- comply with lawful requests from public and governmental authorities;
- prevent or investigate a possible crime, such as fraud or identity theft; or
- protect the rights, property or safety of the Cochlear Group, our users or others.
- understand which of our web pages you visit, how often and from what types of devices;
- gather and remember information about your browsing devices and preferences;
- personalise elements of our websites based on your browser, device, country and language;
- gather information about the website you came from and other sites you have visited to help categorise your browsing into a market segment for market analysis; and
- provide you with more relevant content, promotional communications and advertisements.
As an example, when you visit our websites, cookies help us identify what you search for, what content you visit, and how frequently you return. Although the information we collect via cookies does not directly identify you, once you register on our websites, we may associate your prior and future activity on our websites and apps with the contact details you have provided.
Third Party Cookies
We use Google Analytics to collect data such as IP addresses to obtain statistical data about use of our websites and apps, and Google AdSense and Google DoubleClick for managing and placing advertisements (together “Google Services”). Google Services allow your usage to be correlated across multiples devices, such as across your mobile phone and desktop computer. Click here to learn more about Google Analytics or prevent it from collecting information about your visit to our websites, or visit http://myaccount.google.com to control your advertising experience across Google Services.
If you do not want to allow cookies, you can configure your internet browser to reject cookies. Doing so may prevent certain features of our websites from working as intended. To learn more about cookies and similar technologies, visit http://allaboutcookies.org. You can also opt-out of interest-based advertising via industry-operated websites by visiting http://www.networkadvertising.org/choices, http://www.aboutads.info/choices and http://www.youronlinechoices.com (for European residents).
Please visit your mobile device manufacturer’s website or operating system for instructions relating to any other additional privacy controls, for example geolocation and device identifiers.
By default, Cochlear’s websites directed to residents in Europe and Turkey, (Cochlear Europe Websites) set only essential cookies which are necessary for the proper functioning of the websites. If you visit Cochlear Europe Websites, you will be presented with a cookie notice through which you can agree to or decline our setting of non-essential cookies, such as those used for analytics and personalisation. You can also designate the specific categories of cookies you will permit Cochlear to set. Your choices will persist only on Cochlear Europe Websites and not on websites directed to individuals residing outside Europe and Turkey. Due to the manner in which cookies operate, your choices will also only persist on a per domain basis, meaning that you will be separately prompted when you navigate between Cochlear Europe Websites which reside on different domains (e.g. cochlear.com versus iwanttohear.com).
Social Media Plug-ins
In addition to cookies, we have also implemented social media plug-ins from social networks like Facebook and Twitter so that you can share things from our websites with your online friends and connections. With every visit to our sites which include a plug-in, your browser will connect to the Facebook and/or Twitter servers. If you are logged-in to the Facebook and/or Twitter services while you are visiting our websites, they may associate your browsing on our website with your respective user account.
STORING PERSONAL INFORMATION
Where is personal information processed and stored?
Processing and storage. Cochlear is a global company, headquartered in Sydney, Australia, and with key facilities and personnel in the European Union, the United Kingdom, the United States and elsewhere. Your personal information may be transferred to, processed and stored anywhere Cochlear, the Cochlear Group or their respective service providers operate.
Transfer of your personal information. We may process your personal information outside of the country in which you are based for the purposes set out in this notice. When we transfer your personal information to other countries, we take reasonable steps to ensure that applicable laws are being followed. To the extent that personal information is collected from residents of the European Economic Area and the United Kingdom and transferred to countries which may have lower legal standards for protection of personal information, Cochlear will take steps to protect and otherwise process it in accordance with EU standards of data protection. We (i) have put in place European Commission-approved standard contractual clauses to protect your personal information (and you have a right to ask us for a copy of these clauses by contacting us as set out below) and/or (ii) will rely on your consent (where required by law).
For how long will Cochlear retain personal information?
Cochlear will only keep personal information in an identifiable form for as long as it is necessary to fulfil the purpose for which it was originally collected or any additional uses you have agreed to, or to satisfy our regulatory and legal record keeping obligations. After that, we will either delete the information or de-identify it so that it is no longer associated with you.
Measures taken by Cochlear. Cochlear has implemented appropriate physical, administrative, technical and organisational measures to help protect personal information from misuse, loss, and unauthorised access or disclosure. Our security measures include appropriate access control, encryption (where appropriate) and regular security assessments.
Measures we expect you to take. It is important that you also play a role in keeping your personal information safe and secure. When signing up for an online account, please be sure to choose an account password that would be difficult for others to guess and never reveal your password to anyone else. You are responsible for keeping this password confidential and for any use of your account. If you use a shared or public computer, never choose to have your login ID/email address or password remembered and make sure to log out of your account every time you leave the computer. You should also make use of any privacy settings or controls we provide you in our website/app.
How does Cochlear address children's privacy and parents' rights?
Our websites and services are intended for general audiences, such as patients, parents, carers, and the general public, and they are not specifically directed toward children. Certain Cochlear services and apps are accessed via a Cochlear Account and Child Accounts can be created with a parent or carer’s consent. See the Cochlear Accounts privacy supplement for more information on creating and managing a Child Account.
How can you access, correct or delete personal information?
We respect your right to make choices about how we collect, use and share your personal information. Whenever we collect your personal information, we take steps to help ensure that it is accurate, complete, and up-to-date. We understand that your personal information and your privacy preferences may change over time.
Where provided by law, you can access, correct, amend or delete your personal information within Cochlear’s control or restrict or object to the processing of your personal information. Where you have consented to the processing of your personal information, you have the right to withdraw your consent at any time. To help protect your privacy and security, we will take reasonable steps to verify your identity before providing you with access to your details or correcting, amending or deleting our records. Please note that any identification information provided to us will only be processed in accordance with, and to the extent permitted by applicable laws.
You can always unsubscribe from promotional or marketing communications either via the unsubscribe links within the communications or by contacting us via one of the methods described at the end of this Notice.
We hope that we can satisfy queries you may have about the way we process your personal information. However, if you have unresolved concerns you also have the right to complain to competent data protection authorities.
In the supplements below, we describe how specific products, services and activities collect and use personal information in ways that are not described in our main Privacy Notice (above), or that require further clarification.