Privacy notice and terms & conditions - myRogerMic app

Privacy notice

This Privacy Notice describes how your personal data, are collected and processed as they relate to the use of the Roger On microphone and your hearing devices, and according to local applicable law. In this context, this Privacy Notice covers the processing of your personal data carried out via the “myRogerMic” Application (“Mobile App”).

1. Who we are

This Mobile App is a Sonova AG product, a company located at Laubisrütistrasse 28, 8712 Stäfa, Switzerland (www.sonova.com) (“Sonova AG” or “we”), and acts as a Controller for the processing listed in the following section.

2. What personal data are collected and why

Sonova AG uses Google Analytics Firebase for analytical purposes, to understand Mobile App usage and improve its usage performance, but only if you provide your consent. This processing would include the following categories of data:

- Your IP address – which may be collected but only in an anonymised form, which means that it is not possible to identify you in any way.
- Usage data, Mobile App events, system use data (e.g. IP address, OS version, OS updates), login connection information (e.g. ID connection, success, fail, connection loss), your device information (e.g. brand, category, model) and crash report information.

You may opt-in to such data collection during the Mobile App setup process or may opt-in and opt-out later in the settings of the Legal Section of the Mobile App.

3. Disclosure of your personal data

By using the Mobile App, and only if you provide your explicit consent, personal data as listed above may be disclosed to Google Inc.

4. Personal data transfer

Your personal data may be transferred to countries outside your jurisdiction, including to countries that do not provide the same level of protection of personal data as your own. In such cases, we will implement adequate measures including appropriate organizational, technical and legal safeguards in order to govern the relevant transfer and to ensure the necessary level of protection is established under applicable law.

5. How long your personal data are kept

Sonova AG will retain your personal data for a minimal period proportional to the time required to fulfil the purposes outlined in the precedent section. In the event applicable law or other regulations require a longer retention period, we will apply the longer retention period in order to fulfill our legal obligations.

6. Your rights

You have the right to withdraw your consent at any time. As per local applicable law, you may also have the right to request access, rectification, erasure of your personal data, restriction of processing, object to the processing or request data portability, as well as provide instructions for the use of your personal data posthumously. If you consider that the processing of your personal data infringes applicable law then you may also lodge a complaint with the local supervisory authority. Please note that the exercise of such rights is subject to the limitations provided by local applicable law.

7. Contact us

In the event of questions about this Privacy Notice, or the processing of your personal data, please contact our Data Privacy Team at privacy@sonova.com or Data Privacy Officer – Sonova Laubisrütistrasse 28, 8712 Stäfa, Switzerland.

Terms & conditions

1. General provisions

The myRogerMic mobile application (“Mobile App”) and associated services (“Service” or “Services”) are operated by Sonova AG with registered office at Laubisrüstistrasse 28, 8712 Stäfa, Switzerland. (“Sonova”). Access to and use of the Services by users (“User” or “Users”) is subject to these Terms & Conditions of Use (“Terms of Use”). By installing or using the Mobile App, the User agrees to the Terms of Use, including any future modifications thereto.

These Terms of Use may be updated from time to time. In this case, Sonova will inform you that these Terms of Use have been modified and the “last updated” date at the top of this document will be modified. We recommend that you periodically review these Terms of Use.

2. Access and use of the Mobile App Services

The Mobile App allows the User to access the following Services: Steer the direction of the beam(s) towards the speaker(s) you want to listen to; Change microphone mode; Mute / unmute; Check current device status such as battery level and actual microphone mode.

The Mobile App is not intended for use by children under the age of 14.

a. Access and use of the Mobile App

To access the Mobile App, the User must download it free of charge from the Apple App Store or from Google Play. The User’s device, which must be an Android or iOS smartphone, must meet certain hardware and software requirements (e.g. an updated version of the operating system).

The first time the Mobile App is opened, the User is asked to read and accept the Terms & Conditions. The User then has access to the various Services provided by the Mobile App.

b. Description of the Services offered

The Mobile App allows the User to access the Services described below:

Remote controlling: This function allows the User to access and manage the functionalities of its connected wireless microphone, such as: Steer the direction of the beam(s) towards the speaker(s) you want to listen to; Change microphone mode; Mute / unmute.

3. Intellectual property rights

Sonova is the owner of the Mobile App, both in its technical, graphic, textual or other components, with the sole reservation of the contents and data provided by third parties. In particular, the Mobile App is accessible by means of software and databases designed and developed by Sonova, which belong to it or over which it has intellectual property rights.

These Terms of Use do not grant the User any intellectual property rights over the Mobile App, its components or Sonova's brands and visuals. The User only receives a personal, non-transferable non-exclusive and revocable license to use the Mobile App and the Services in accordance with these Terms of Use.

In particular, without this list being exhaustive, the User is not authorized to: reproduce the trademarks and logos of Sonova, create hypertext links on elements of the Mobile App, use or extract in whole or in part the databases and programs used by the Mobile App, etc.

Any other use or exploitation not expressly referred to herein, or granted by contract with Sonova, is not permitted and requires the express prior written consent of Sonova.

4. Obligations of the User

The User undertakes to:
- Use the Mobile App in accordance with its purpose and in compliance with applicable laws and regulations.
- Ensure the confidentiality of his or her account identifiers, if any, and undertake to keep them secret and not to disclose them to any third party.
- Accept that the implementation of the Services requires that he or she be connected to the Internet and that the Bluetooth function of his or her device be efficient, and that the quality of the Services depends on these connections for which he or she is solely responsible.
- Acknowledge that the Services offer him or her an additional but not alternative solution to the means available elsewhere to achieve the same objective and that this solution is not a substitute for these other means.

5. Responsibility

Sonova undertakes to use all necessary means to ensure the best possible provision of the Services offered to Users. Sonova has an obligation of means, to the exclusion of any obligation of result, which the User expressly acknowledges and accepts.

Sonova shall not be held liable in the event of force majeure or events beyond its control. Furthermore, Sonova may not be held liable for any direct or indirect damage, even if Sonova has been informed of the potential for such damage, which may arise from the use or inability to use the Mobile App and in particular from the disruption, interruption or functional limitation of the Mobile App and Services resulting from a failure of the User's telephone network or Internet access provider.

To the fullest extent permitted by applicable law and to the extent that Sonova would be held liable for damages not provided for by the above, Sonova's liability shall be limited to personal, direct and determined damages caused by gross negligence or wrongful intent.

6. Applicable law and competent jurisdiction

These Terms of Use are subject to Swiss law. Any dispute or controversy relating to the execution or interpretation of these Terms of Use that cannot be settled amicably between the parties shall be submitted to the competent courts according to the applicable law.