Privacy Policy

Last updated: February 11, 2022

Lively Hearing Corporation ("Lively") respects the right to privacy of all users of Lively's website www.listenlively.com and its associated pages, affiliated and successor websites and corresponding social media pages, as well as Lively's mobile applications (collectively, the "Sites") and of its products and services, including information provided us through or on the Sites, by telephone or email, or through other means of communication with us. Any references in this Privacy Policy to the "Sites" are meant to include any such products, services, information and communications from or with Lively. Lively wants any information that you provide to us to remain as secure as possible. This statement explains our online information practices. By using and accessing the Sites, you acknowledge that you agree with this Privacy Policy. If you do not agree with this Privacy Policy, please do not provide us with any Personal Information (as defined below) and please refrain from using the Sites.

Personal Information Collected

Lively collects information that you provide to us and from certain devices you may use to access the Sites. Collection starts from the time that you initially visit or access our Sites.

In some cases, you will provide Personal Information (as defined below), including health information, to us in connection with your use of our Sites, and in other cases, we may collect this information automatically when you visit or interact with our Sites.

Examples of personal information that we collect may include, but are not limited to your name, address, telephone number, health insurance numbers, email address, birth date, gender, race, credit card information, health information, online hearing test results, survey responses and/or other personally identifying information, and may include photographs or video images that you provide to Lively (collectively, the "Personal Information").

Lively also collects information from our third-party affiliates, including audiologists, hearing aid dispensers and hearing aid manufacturers, about you, which may include your referral, hearing benefits, treatment options provided to you, and audiogram results.
Lively collects other information from users of the Sites, such as IP addresses, browser types, mobile device ID such as UDID, geo-location information and operating system types.

Personal Information that we gather enables us to:

  • fulfill your hearing aid purchase,
  • administer your account,
  • provide you with appointment reminders,
  • send you communications,
  • provide you hearing care,
  • respond to your inquiries,
  • obtain your feedback,
  • understand who is using our Sites and how they are performing,
  • otherwise analyze user behavior and activity,
  • personalize and improve our Sites,
  • conduct research activities,
  • manage the security of the Sites, and
  • fulfill any requirements imposed on us by applicable laws and regulations.

From time to time, we may use or augment Personal Information about you with information obtained from third parties such as public databases, social media platforms and other third parties. For example, we may use third-party information to better understand your interests by associating demographic information with the information that you have provided.

If you choose to submit any Personal Information relating to another person, such as a relative, including to assist that person in obtaining hearing aids or hearing care from us, you represent that you have the authority from that person to do so and permit us to use the information in accordance with this Policy.

We may combine the personal information you provide to us with personal information from other sources, such as:

  • Data providers, such as information services and data licensors that provide contact, profile, demographic and other information, such as information about your household, interests, educational background and your and your household's purchasing history. Some of these providers may combine data collected about visitors to our Sites through cookies, pixel tags and similar technologies, with email or mailing addresses they have access to help us serve relevant marketing offers to you via email and direct mail.

  • Public sources, such as Facebook, Twitter, Instagram and other social media platforms. Personal information we collect may include photos, posts, likes and your engagement with our content. For instance, we may repost on Instagram a post you make on Instagram in relation to Lively and/or our products in our own Instagram feed. We'll always ask your permission before we use your posts and photos on these platforms. If you choose to provide a review about your Lively experiences, we may make your review available to the public on an anonymous basis.

  • We automatically collect information about you which may be personal information through your use of our Sites through cookies, pixels, beacons and other technologies, whether or not you are logged into the Sites. Information we collect automatically may include general location information (if you permit it through your device), IP address, browser type and operating system, the length of time you visit our Sites, where you came to our Sites from, which pages you view on our Sites, what is in your basket, device ID and device type, and the other information. We use this information to deliver context-specific content to you, for example, pages of the Sites to you, our tailored ads and targeted marketing communications.

Use of Personal Information

Lively may use your Personal Information to provide, and to communicate with you about, our products and services including the services provided by audiologists or hearing aid dispensers that treat you. We may transfer this Personal Information to our contracted hearing aid manufacturer in order to process orders, repairs and/or returns for hearing aids and administer payments, as well as to your health care providers, health insurance company, or other persons or entities working on your behalf. Lively also may transfer this Personal Information, as well as other information collected on its Sites, to outside contractors, auditors, consultants or others engaged by Lively to assist in providing financial or operational activities on Lively's behalf, including technical and processing services and analysis of Sites performance. Lively may combine or share information about you with our affiliates, subsidiaries, and business partners to enrich your experience with our products and services.

Occasionally your Personal Information may be shared and used for sending communications to you in relation to the products and services provided by Lively or its affiliates or subsidiaries. Lively may also contact you with regard to completing surveys and/or research questionnaires related to your opinion of current or potential future products and services that may be offered. Please see below on how to opt out of such communications.

Lively does not sell, trade, or rent your identifying information (including your email address) with third parties unless we receive your permission or we are required to do so by law, or we have a good faith belief that such disclosure is necessary to comply with a current judicial proceeding, a court order, a legal process served on Lively or to resolve any potential fraud or perceived irregularity in any audits of the accuracy of any documentation or information submitted to Lively by you or on your behalf, as deemed appropriate by Lively.

Lively may be required or permitted by law to share your Personal Information, which may include health information, under certain circumstances including reporting adverse reactions to certain items, product recalls, preventing disease and for health research purposes.

Please note that details related to your hearing loss may be stored on your hearing instrument. If you send your hearing instrument for return, repair, replacement or similar purposes you acknowledge that Lively has no liability for any unauthorized access to any such information if your hearing instrument is handled by third parties.

Disclosure of Personal Information

If you choose to share personal access of your Lively account to your caregiver or other family member, then they will have access to a range of Personal Information that you share, as further described below. You authorize Lively to disclose to others that you have sought our audiological services, which may indicate that you meet the hearing loss criteria for relevant aspects of audiological care and may identify you as hearing impaired.

If you log into your Lively account on a Lively mobile app or web portal page, on the user profile page, you may provide information about your hearing health, symptoms, and treatments, your feelings about your health information and/or yourself, or other information about yourself.

Lively may ask you for your consent to post online your review, testimonial about your hearing aid, and/or our customer service. Any information that you choose to include in creating, completing, or updating your testimonials may be viewable by other visitors of our Lively website, Lively social media profiles, marketing promotional materials, or email communications.

We take great care to protect your privacy, but please remember that we cannot control how other users will use or disclose any information that you share on our social media pages. We urge you to exercise discretion and caution when deciding to disclose information, including your health information and other personal information, on social media.

Any information, text, and images that you personally post or disclose on or through public social media platforms such as Facebook, Instagram, and Twitter, may be visible to the present and future social media users visiting our public social media pages. Your User ID and photo may be viewable to these individuals as well when you post messages or when you disclose information on or through a social media platform generally.

WE EXPRESSLY DISCLAIM ANY RESPONSIBILITY FOR THE USE BY OTHERS OF ANY INFORMATION, INCLUDING PERSONAL INFORMATION, THAT IS DISCLOSED BY YOU OR ON YOUR BEHALF ON OUR SOCIAL MEDIA PAGES OR OTHER PUBLIC-FACING FEATURES OF OUR SOCIAL MEDIA SITES, INCLUDING DISCUSSION BOARDS, CHAT ROOMS, MESSAGING SERVICES, OR OTHER FORUMS DESCRIBED ABOVE. BY DISCLOSING ANY OF YOUR INFORMATION THROUGH THESE FEATURES, YOU ACKNOWLEDGE AND ACCEPT ANY RISK AND DAMAGE ARISING FROM THE DISCLOSURE OF THAT INFORMATION.

Cookies

Lively may use "cookies", or small data files that are stored on your computer's hard drive or smart device when you visit our Sites. Cookies ensure that the Sites' content is presented in the most effective manner for you and your computer. You can decline cookies by activating a setting on your browser or opting out of our use of third-party cookies by visiting our cookie preferences management tool. If you choose to decline cookies, this may limit the functionality of the Site. Many web browsers allow for the use of a "Do Not Track" function to inform websites that you do not want your online activities tracked. The Sites currently do not recognize the various web browser "Do Not Track" signals.

Web Beacons

Web Beacons, also known as web bugs, pixel tags or clear GIFs, are tiny graphics with a unique identifier that may be included in our Sites or emails to deliver or communicate with cookies, in order to track and measure the performance of our emails, monitor how many web visitors we have, monitor how visitors and users navigate our services, and understand the relevance of our content that we publish. Unlike cookies, which are stored on the user's device, Web Beacons are typically embedded invisibly on web pages (or in an email).

Third parties may use various methods and tracking technologies to store or collect your device usage through our Sites as well. We do not control those third party tracking technologies, and we are not responsible for them. These cookies may allow the advertising partner to recognize your device each time the partner sends you an online advertisement and may enable the partner to deliver targeted advertisements to you or otherwise compile information about you or others who use your device. This Privacy Policy refers only to the use of cookies and other Tracking Technologies by Lively and does not cover the use of any Tracking Technologies by advertisers or any other third parties. You consent to potentially encountering third-party Tracking Technologies in connection with your use of the Services and accept that this Privacy Policy does not apply to the Tracking Technologies or practices of those third parties. To confirm how any third party collects or uses your information, please refer to that third party's website.

Security Methods

Lively has implemented commercially reasonable physical, technical and administrative security measures to protect your Personal Information, including a secure firewall and use of security infrastructure. As an additional security measure, your Personal Information is also encrypted during transmission with our websites and mobile applications using SSL security, an industry standard secure technology. SSL encryption is indicated on your Web browser by the display of a lock or key on the browser status bar. However, your transmission of information to us via email, SMS text, or via other methods from your devices may not be completely secure. Therefore, we cannot guarantee the security of the data sent to us electronically, and transmission of the data to us by those methods is entirely at your own risk.

Personal Information in the United States

Lively is located and operates only in the United States and our products and services are intended for users located in the United States only. If you are located outside the United States, please be aware that information we obtain about you may be transferred to and processed in the United States or other jurisdictions outside your own. By using our Sites and providing your Personal Information, you acknowledge that your Personal Information may be transferred to and processed in jurisdictions other than your own and will be treated in accordance with the laws of the United States. While you may generally access our Sites from a location outside of the United States, you agree not to transfer any of your Personal Information to us from outside the United States. Please be aware that the data protection laws and regulations that may apply to your Personal Information transferred to the United States or other countries may be different from the laws in your country of residence.

Children

Lively does not knowingly or specifically collect Personal Information from users under the age of 13 and no one under age 13 is authorized to submit any information, including Personal Information, on the Sites. Parents or legal guardians of children under age 13 cannot agree to these terms on their behalf. If it is determined that such information has been inadvertently collected on anyone under the age of 13, we shall immediately take the necessary steps to ensure that such information is deleted from our system's database.

Links To Other Websites

The Sites contain links to other websites that have information we believe may be of interest. We do not endorse these other sites. While we try to link only to websites that share our high standards and respect for privacy, we are not responsible for the content of the other sites or their privacy practices. We encourage you to read the privacy policy of other websites you visit that may collect information or ask you to disclose Personal Information. This Privacy Policy does not apply to information collected on external websites that may be linked to or through the Sites.

Accessing, Correcting, or Deleting Your Information, and Opting Out Of Communications

If you have established a Lively account after purchasing our hearing aids, you can access certain information about you described below through our Lively web portal, a Lively mobile application or other websites in order to view, and in certain situations, update your Personal Information, including the following. This list may change as our hearing care services change.

  • First and last name
  • Account and user profile information (e.g., nickname and picture)
  • Email address
  • Mailing address
  • Phone number
  • Password
  • Communication preferences (e.g., email and push notifications)
  • Hearing test results data
  • Activity data
  • Ear measurements (if applicable to the hearing care services you receive)

In order to help us maintain your information and ensure that it is accurate and up to date, please update your information through the My Account page. If you are unable to make these changes on your own, please contact us. When you update information, we often maintain a copy of the prior information in our records.

To request access to, correct, or delete any personal information that you have provided to us or to stop receiving print mail and/or electronic communications from Lively, please contact us at the following email, telephone number or mailing address:
 

Email: [email protected]

Web: https://www.listenlively.com/contact-us

Telephone Number: (800) 854-2772

Mailing Address: Lively, 41 West 25th Street, 3rd Floor, New York, NY 10010

Retention of Information

Lively may retain your Personal Information for as long as we deem reasonable or as long as required by law.

Policy Amendments

Policy at any time. Changes to this Policy will be posted on the Sites. Your continued use of the Sites and our products and services indicates your agreement with these modifications and updates. If you do not agree with the changes, then you should stop using the Sites and notify us that you do not want your information used in accordance with the changes. If we make significant material changes in the way we handle Personal Information, we will send a notice to you at the email address that we have on file and/or by posting a prominent notice on the Sites.

Contact Information

If you have any questions about this Privacy Policy or the practices of Lively, please feel free to contact us at the following email, telephone number or mailing address:

Email: [email protected]

Web: https://www.listenlively.com/contact-us

Telephone Number: (800) 854-2772

Mailing Address: Lively, 41 West 25th Street, 3rd Floor, New York, NY 10010