COLLECTION OF PERSONAL INFORMATION

You are not required to provide personal information to us, but in some circumstances, we might not be able to provide all of our products, apps and services to you without your personal information. Depending on how you interact with Cochlear (e.g., online, offline, over the phone, etc.), we collect various types of information from or about you, as described below.

Contact information: name and contact details, including postal address, email address, social media details or phone number.

Account and login information: information that is required to give you access to your account, including username, email address, password in unrecoverable form, security question and answer.

Information from and about your use of Cochlear products, apps and services: Cochlear receives information about which Cochlear apps you are using, how the app and/or your hearing device are used, which includes device details (e.g., device number, your account number, model, hardware version) and the services you use. To help us provide consistent services across your devices, we may associate the information we collect from and about you.

Information from computer/mobile device: when you visit our websites or use our apps, we may receive data about the computer system or device you are using and/or analytical data, such as your Internet Protocol (IP) address, operating system type, web browser type and version, app version, app logs and errors encountered. If you access our websites or apps using a mobile device such as a smartphone, the collected information will also include, where permitted, the unique device identifier, advertising identifier, geo-location, and other similar mobile device data.

Demographic information and interests: information that describes your demographic or behavioural characteristics, including your date of birth, age or age range, sex, geographic location (e.g. postcode/zip code/country of residence) and information about your personal hearing journey from Cochlear Community forums or other services

Health data: health and/or medical treatment information we receive directly from you or your hearing health professional.

Recorded media: any photographs, videos and/or audio recordings of you which may be captured through interviews or at Cochlear-related events.

Payment and financial information: information that you use to make a purchase, such as your debit or credit card details. We or our payment processing provider(s) handle payment and financial information in a manner compliant with applicable laws, regulations and security standards

Customer service interactions: information shared with our customer service teams (via telephone, online or through any “contact us” features), your customer service and purchase history, and any information that you voluntarily share with us about the experience of using our products, apps and services (e.g., market research and consumer feedback)

User-generated content: any content that you create and then share with us via third party social network platforms, when using messaging apps (e.g. WhatsApp) or chat bots, or by uploading it to one of our websites or apps. Where permitted, we may publish user-generated content as part of third-party social networking or website community and user engagement.

Third party social network information: any information that you share publicly on a third-party social network or information that is part of your profile on a third-party social network (such as Facebook, etc.) and that you allow the third-party social network to share with us. Examples include your basic account information (e.g. name, email address, gender, birthday, current city, profile picture, user ID, list of friends, etc.) and any other information or activities that you permit the third-party social network to share. We receive this information (or parts of it) when you download or interact with a Cochlear web application on a third-party social network, when you use a social networking feature that is integrated within a Cochlear site or when you interact with us through a third-party social network. Social media platforms collect personal information about you through your use of their platforms and via cookies and similar technologies. To learn more about how your information from a third-party social network is obtained by Cochlear, or to opt-out of sharing such information, please visit the website of the relevant third-party social network.

Combining data: we may combine the information you provide with other information we have collected from or about you, whether on‑ or off-line. We may also combine it with information we receive about you from other Cochlear affiliates and third parties (e.g., your hearing health professional).

Further information: additional details about how your personal information may be used is available:

• Cookies and similar technologies, click here.
• Cochlear’s products, apps and services.

For healthcare professionals: if you are a hearing health professional (e.g., surgeon, clinician, audiologist, administrative staff at health care sites), we may additionally collect information about you, your medical specialty and related clinic/hospital, your clinical and medical interests, your training records and your involvement with Cochlear products, apps and services.

Personal information from third parties: we may receive personal information about you from other organisations or individuals. This includes health data and/or medical treatment, obtained directly from your hearing health professional, e.g. during pre- and post-surgery, and/or when registering a device. Such information may include your implant and sound processor serial numbers, device settings, and contact details to make sure you have access to our full customer support. 

We may also acquire data from third-party providers to supplement our market analysis and marketing efforts, which helps us to provide you with a more personalised experience.

PURPOSES

Cochlear uses personal information for the purposes described below.

SHARING OF PERSONAL INFORMATION

Within the Cochlear Group.

We may share personal information within the Cochlear group of companies in your country of residence and abroad. Each member of the Cochlear Group will use and share your personal information only as set out in this Notice.

With Our Service Providers.

We share personal information with organisations that provide or perform services to, for or on behalf of Cochlear in your country of residence or abroad; for example, our distributors, consultants, IT services providers and 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), 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 and security of the personal information we share with them and to use it only to provide services to us, and in compliance with applicable laws.

With Third-Parties.

We share your personal information with other third parties only with your consent (where required) or based on a lawful ground or obligation to do so. 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 we ask for your consent.
We may share your personal information with Cochlear Volunteers and recipients of Cochlear’s products and services as described in this Notice.

With Hearing Health Professionals.

We may share your personal information with your hearing health provider (clinic, hearing health professional, reimbursement authority) for the following purposes:

• to assess your suitability for our products;
• when you participate in Cochlear Connected Care programs;
• to support your health care providers when using Cochlear’s products, apps and services, e.g., to allow sound processor configuration files (MAPs) to be securely backed-up by Cochlear and shared with your designated healthcare providers;
• to help with your use of our products, apps and services; and
• to help with your use of our products, apps and services, or for other reasons related to treatment, health care operations, or payment/reimbursements., e.g. when you place an order for an applicable product or service, we may share your personal information with organisations paying for health services on your behalf (e.g., Medicare or Medicaid) and reimbursement authorities and insurance companies.

With parents and carers.

If and when applicable, your designated parent or carer will also be able to access the personal information we collect from or about you.

Business Transactions.

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, subject to these requests being lawful under applicable laws;
• 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.

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 in locations where Cochlear or its respective service providers operate.

Transfer of your personal information. We may process your personal information outside your country of residence 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 and that adequate data transfer mechanisms are put in place.

To the extent that personal information is collected from residents of the European Economic Area, Switzerland and the United Kingdom and transferred to countries which are not considered as having an adequate level of personal data protection, Cochlear takes steps to protect and otherwise process it in accordance with EU standards of data protection, namely:

      (i)   we undertake transfer impact assessments, when necessary, and implement supplementary security measures, where required;
      (ii)  we put in place European Commission/UK/Swiss-approved standard contractual clauses (and you have a right to ask us for a copy of these clauses by contacting us as set out below); and
      (iii) we will rely on your consent, where required by law.

How long does Cochlear retain personal information?

Cochlear keeps personal information in an identifiable or de-identified 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 anonymise it so that it is no longer associated with you. Specific data retention periods, if any, are detailed in the description of Cochlear’s products, apps and services.

SECURITY

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 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 username, 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/apps.

CHILDREN'S INFORMATION

How does Cochlear address children’s privacy and parents’ rights?

Our websites and services are intended for general adult audiences, including patients, parents and carers, and are not specifically directed toward children.

Child Accounts and Parental Consent

Certain Cochlear services and apps are accessed via a Cochlear Account. Child Accounts can be created with a parent or carer’s consent through the services and apps which permit their use, such as the Nucleus Smart App. An email address may be used for communications related to a Cochlear Account and date of birth helps us ensure that Child Accounts are only created with the consent of a parent or carer.

Child Accounts access the same Cochlear services and apps available to adults, which may result in personal information being sent to Cochlear. For example, a child using the Nucleus Smart App may enable features to synchronise data with Cochlear (see the Nucleus Smart App information in Cochlear products, apps and services.).

Parents or carers may review, edit, request the deletion, or prevent further collection or use of their children’s personal information by contacting us as described in this Notice.

YOUR RIGHTS

How can you access, correct or delete personal information?

We respect your right to make choices about the personal information we collect, use and share. We take steps to help ensure that your personal information is accurate, complete and current.

Under the privacy or data protection laws in your country of residence, you may have the following rights in respect of your personal information within Cochlear’s control: the right to request access, correction, revision, or deletion of your personal information. In some circumstances (i) we will not be able to delete your personal information without also deleting your user account; and (ii) we may be required to still retain some of your personal information to satisfy our legal or contractual obligations or to satisfy our business needs (where permitted by applicable laws).

In certain countries, you may also have additional rights to data portability, to opt out of sale or sharing of your personal information, to limit the use of your sensitive personal information to object to the use of your personal information or to request compensation for damages for any harms caused by the unlawful processing of your personal information. The rights set out above do not limit any other rights that you may have under privacy or data protection laws in your country of residence.

Where you have consented to the processing of your personal information, you have the right to withdraw your consent at any time. You can unsubscribe from promotional or marketing communications via the unsubscribe links within the communications or by contacting us.

To help protect your privacy and security, we take reasonable steps to verify your identity before providing you with access to your details or correcting, amending or deleting our records. Any identification information provided to us will only be processed in accordance with, and to the extent permitted, by applicable laws.

Whilst we hope that we can satisfy any queries you may have about the way we process your personal information, if you do have unresolved concerns, you also have the right to complain to the relevant data protection authority in your country.

COCHLEAR PRODUCTS, APPS AND SERVICES