Tuned Care Privacy Policy and Terms of Use

Tuned Privacy Policy

Last Updated: 11/22/2023

Intro/Scope

Tuned Care, Inc. (“Tuned,” “we,” “our,” and/or “us”) value the privacy of individuals who use our application, websites, and related services (collectively, our “Services”). This privacy policy (the “Privacy Policy”) explains how we collect, use, and share information from users of our Services (“Users”). In addition to visitors to our website, www.tunedcare.com, this Privacy Policy applies to individuals who use our Services to obtain audiology services and products (“Individual”), audiologists or other hearing specialists who use our Services (“Audiologist”), and customers who are part of an employer or employer-sponsored hearing benefit (“Qualified Member”). By using our Services, you agree to the collection, use, disclosure, and procedures this Privacy Policy describes. Beyond the Privacy Policy, your use of our Services is also subject to our Terms of Service (https://www.tunedcare.com/general-terms-of-use).

Information We Collect

We may collect a variety of information from or about you or your devices from various sources, as described below.

A. Information You Provide to Us.

Registration and Profile Information. If you sign up for an account, register to use our Services, sign up for notifications or updates, or participate in our surveys, we ask you for your such as your name, date of birth, gender, full physical address, email address, and phone number. Additionally, if you register for Services as a Qualified Member, then we collect information about authorized users in order to authenticate their use of the Services and other business purposes. If you register for Services as an audiologist, we collect your name, email, phone, address, state in which you are licensed, and other information about your practice as an audiologist.

Communications. If you contact us directly, we may receive additional information about you. For example, when you contact our customer support team, we will receive your name, email address, phone number, the contents of a message or attachments that you may send to us, and other information you choose to provide. If you subscribe to our newsletter, then we will collect certain information from you, such as your email address. When we send you emails, we may track whether you open them to learn how to deliver a better customer experience and improve our Services.

Careers and Independent Contractors. If you decide that you wish to apply for a full-time job with us, you may submit your contact information and your resume online. We will collect the information you choose to provide on your resume, such as your education and employment experience. You may also apply through LinkedIn. If you do so, we will collect the information you make available to us on LinkedIn. In addition, if you apply to be a 1099 independent contractor with us, we will collect information in connection with execution of our Provider Terms, including your name, email, phone, address, state in which you are licensed, and other information about your practice as an audiologist.

Payment and Fulfillment Information. If you make a purchase through our Services, your payment-related information, such as credit card, billing, or other financial information, is collected by our third-party payment processor on our behalf. Shipping information may be shared with third-party vendors that we retain to ship any products you order from us.

Hearing and other Health-Related Information. Our Services include the ability to take hearing screening to assist you in identifying products you may want to purchase. Our Services also include the ability for you to connect with an audiologist to share your assessments and discuss your hearing needs. Audiologists may collect additional information about your medical status and upload such information to the Services, such as in-clinic hearing screening and previous medical history. We will store and maintain such information that you share with your audiologist through the Services.

B. Information We Collect When You Use Our Services.

Location Information. When you use our Services, we can infer your general location information, for example by using your internet protocol (IP) address.

Device Information. We receive information about the device and software you use to access our Services, including IP address, web browser type, operating system version, phone carrier and manufacturer, application installations, device identifiers, mobile advertising identifiers, and push notification tokens.

Usage Information. To help us understand how you use our Services and to help us improve them, we automatically receive information about your interactions with our Services, like the [pages or other content you view, the searches you conduct, people you follow, purchases you make, your comments, any content you post, and the dates and times of your visits].

Information from Cookies and Similar Technologies. We and third-party partners collect information using cookies, pixel tags, or similar technologies. Our third-party partners, such as analytics and advertising partners, may use these technologies to collect information about your online activities over time and across different services. Cookies are small text files containing a string of alphanumeric characters. We may use both session cookies and persistent cookies. A session cookie disappears after you close your browser. A persistent cookie remains after you close your browser and may be used by your browser on subsequent visits to our Services.

Please review your web browser’s “Help” file to learn the proper way to modify your cookie settings. Please note that if you delete or choose not to accept cookies from the Service, you may not be able to utilize the features of the Service to their fullest potential.

Call and Text Information. We work with a third-party partner to facilitate phone calls and appointment reminder text messages between Providers and Qualified Members who have been connected. We receive information about these communications, such as the date and time of the call or SMS message, the parties’ phone numbers, and the content of any SMS messages. For security purposes, we may also monitor and/or record the contents of phone calls made on our Services, such as those between Tuned support staff, Providers, or Qualified Members. You will be given notice that your call may be recorded, and by proceeding you agree to allow us to monitor and/or record your call.

C. Information We Receive from Third Parties.

Information from third party services. If you choose to link our Services to a third-party account, we may receive information about you. If you wish to limit the information available to us, you should visit the privacy settings of your third-party accounts to learn about your options.

Other third parties. We may receive additional information about you, such as demographic data, from third parties such as data or marketing partners and combine it with other information we have about you.

How We Use the Information We Collect

We use the information we collect:

• To provide, maintain, improve, and enhance our Services;

• To personalize your experience on our Services such as by providing tailored content and recommendations;

• To understand and analyze how you use our Services and develop new products, services, features, and functionality;

• To communicate with you, provide you with updates and other information relating to our Services, provide information that you request, respond to comments and questions, and otherwise provide customer support;

• To facilitate the connection of third-party services or applications, such as hearing screenings;

• To generate anonymized, aggregate data containing only de-identified, non-personal information that we may use to publish reports;

• To send you appointment reminder text messages;

• To facilitate transactions and payments;

• To find and prevent fraud, and respond to trust and safety issues that may arise;

• For compliance purposes, including enforcing our Terms of Service or other legal rights, or as may be required by applicable laws and regulations or requested by any judicial process or governmental agency; and

• For other purposes for which we provide specific notice at the time the information is collected.

How We Share the Information We Collect

Audiologists and other Partners. We share information provided by Individual Users with Provider Users in order to facilitate the Services. We may also share information with third-party partners, for example to fulfill orders you place on the website.

Vendors and Service Providers. We may share any information we receive with vendors and service providers retained in connection with the provision of our Services.

User Content. Our Services include the ability for Provider Users to share questions, information, and other content through Tuniversity. If you are a Provider User who chooses to use this portion of the Services, your name and other profile information will always be viewable by other users. As a Provider User, content you post to the Services through Tuniversity will be displayed on the Services and viewable by other users by default, and some may be displayed publicly. We are not responsible for the other users’ use of available information, so you should carefully consider whether and what to post or how you identify yourself on the Platform.

Sharing Between Users. Individual Users and Provider Users share information outlined in this Privacy Policy, including personal and medical information, to enable each User’s use of the Services.

As Required by Law and Similar Disclosures. We may access, preserve, and disclose your information if we believe doing so is required or appropriate to: (a) comply with law enforcement requests and legal process, such as a court order or subpoena; (b) respond to your requests; or (c) protect your, our, or others’ rights, property, or safety. For the avoidance of doubt, the disclosure of your information may occur if you post any objectionable content on or through the Platform.

Merger, Sale, or Other Asset Transfers. We may transfer your information to service providers, advisors, potential transactional partners, or other third parties in connection with the consideration, negotiation, or completion of a corporate transaction in which we are acquired by or merged with another company or we sell, liquidate, or transfer all or a portion of our assets. The use of your information following any of these events will be governed by the provisions of this Privacy Policy in effect at the time the applicable information was collected.

Consent.Where you have provided consent, we share your information, including personal information, as described at the time of consent, such as when you authorize a third-party application or website to access your TunedCare account or when you participate in promotional activities conducted by TunedCare partners or third parties. For example, we request your consent to send you email communications about products or services available through our Site, or a monthly newsletter, using a third party email service provider. You can withdraw your consent at any time by contacting us at support@tunedcare.com.

Your Choices

Location Information. You can prevent your device from sharing precise location information at any time through your device’s operating system settings.

Marketing Communications. You can unsubscribe from our promotional emails via the link provided in the emails. Even if you opt-out of receiving promotional messages from us, you will continue to receive administrative messages from us.

Do Not Track. There is no accepted standard on how to respond to Do Not Track signals, and we do not respond to such signals.
If you choose not to provide us with information we collect, some features of our Services may not work as intended.

Third Parties

Our Services may contain links to other websites, products, or services that we do not own or operate. We are not responsible for the privacy practices of these third parties. Please be aware that this Privacy Policy does not apply to your activities on these third-party services or any information you disclose to these third parties. We encourage you to read their privacy policies before providing any information to them.

Security

We make reasonable efforts to protect your information by using physical and electronic safeguards designed to improve the security of the information we maintain. However, as no electronic transmission or storage of information can be entirely secure, we can make no guarantees as to the security or privacy of your information.

Confidentiality and Security of Health Information

Some of our users are subject to laws and regulations governing the use and disclosure of health information they create or receive. Included among them is the Health Insurance Portability and Accountability Act of 1996 (“HIPAA”), the Health Information Technology for Economic and Clinical Health of 2009 (“HITECH”), and the regulations adopted thereunder. When we store, process or transmit certain individually identifiable health information or “Protected Health Information” (as such term is defined by HIPAA) on behalf of a healthcare provider, we do so as its “business associate” (as also defined by HIPAA) under a Business Associate Agreement. Under this agreement, we are prohibited from, among other things, using Protected Health Information in a manner that the provider itself may not. We are also required to, among other things, apply reasonable and appropriate measures to safeguard the confidentiality, integrity and availability of Protected Health Information we store and process on behalf of such providers. We are also subject to laws and regulations governing the use and disclosure of certain personal and health information, including HIPAA, when we operate as a business associate of a healthcare provider.

Children’s Privacy

Children under the age of 13 are not eligible to use the Services and must not attempt to submit any personal information to us. Without limiting the generality of the foregoing, our Services do allow users above the age of 18 years old - such as parents and guardians - to submit personal information about dependants, including minors age 13 and above. Such users assume full responsibility over their submission, use and transmission of such information.

We do not knowingly collect personal information from any person who is under the age of 13 or allow them to register. If it comes to our attention that we have collected personal data from a person under the age of 13, we will delete this information as quickly as possible.

International Visitors

Our Services are hosted in the United States and intended for visitors located within the United States. If you choose to use Platform from the European Union or other regions of the world with laws governing data collection and use that may differ from U.S. law, then please note that you are transferring your personal information outside of those regions to the United States for storage and processing. Also, we may transfer your data from the U.S. to other countries or regions in connection with storage and processing of data, fulfilling your requests, and operating the Platform. By providing any information, including personal information, on or to the Platform, you consent to such transfer, storage, and processing.

Data Retention, Access, and Deletion

Except as may be inherent in the features and functionality of the Services, Tuned does not have a mechanism for you to review, edit or delete all of your information on or stored in the Services or otherwise by us. In the future, Tuned may implement a system to allow for a complete review and deletion of all of your information, but we have no obligation to provide or create such a mechanism.

If you would like us to delete your Personal Information in our system, please contact us at support@tunedcare.com and we will accommodate your request (but will not do so if we have any legal obligation to retain the record). Upon receipt of a Data Subject Access Request, we ask individual users to identify themselves and the information requested to be accessed, corrected or removed before processing such requests. If Tuned is unable to destroy or delete the information due to legal obligations or because it is not feasible or because it is unduly burdensome, impractical or would jeopardize the privacy of others or the integrity of the Services, Tuned shall provide a written response stating the reason(s) it cannot fulfill the request.

Because of the way we maintain certain Services, after you delete your information, residual copies may take a period of time before they are deleted from our active servers and may remain in our backup systems for a limited time. We are not responsible for updating, correcting or removing any of your information disclosed to or held by third parties.

Please be aware that Tuned is under no obligation to maintain and store any of your information (including any Personal Information or User Content) or otherwise to maintain and operate the Services. Tuned reserves the right o cease or modify operation of the Services at any time - in such case, your information (including any Personal Information and User Content) may no longer be available. If you desire to maintain access to any such information, you are encouraged to keep a backup of such information in other locations.

You can update your account and profile information or close your account by contacting support@tunedcare.com. If you have questions about your privacy on Platform or this privacy policy, please contact us at support@tunedcare.com.

Changes to this Privacy Policy

We will post any adjustments to the Privacy Policy on this page, and the revised version will be effective when it is posted. If we materially change the ways in which we use or share personal information previously collected from you through Platform, we will notify you through Platform, by email, or other communication.

Contact Information

If you have any questions, comments, or concerns about our processing activities, please email us at support@tunedcare.com.

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