Miracle-Ear Privacy Policy

As part of engaging with the Service, you may engage with the Service in a manner regulated by the Health Insurance Portability and Accountability Act (“HIPAA”). This Privacy Notice is not intended for compliance with HIPAA, nor should you take such notice as a reflection of your rights under HIPAA. If you are a patient viewing this Privacy Notice, please contact your provider for information regarding your medical records and/or HIPAA privacy disclosures, or you may review our  HIPAA Notice of Privacy Practices.

Personal information (also commonly known as personally identifiable information (PII) or personal data) is information that can be used to identify you, or any other individual to whom the information may relate.

The personal information that we collect directly from those engaging with the Service includes the following categories:

• Name and contact information (e.g., address; phone number; email, fax).
• Billing information (e.g., credit card, bank account, billing contact information)
• Transaction information (e.g., information for transactions made through site or with third parties; information in connection with hearing products or hearing services; demographic information).
• Geographic or location information.
• Information provided by you in surveys, online hearing tests, and online hearing aid finders.
• Other information that may be exchanged in the course of engaging with the Service.  You will be aware of any subsequently collected information because it will come directly from you.

Certain information we collect from you may be considered “sensitive” depending on your jurisdiction, warranting further data subject rights or privacy protections. Categories that are often considered sensitive include, but are not limited to, 1.) identification numbers (E.g., social security number); 2.) financial information (E.g., account numbers or payment information); 3.) geolocation; or 4.) biometric data. 

We may invite you to post content on the Service, including your comments, testimonials, and any other information that you would like to be available on the Service, which may become public (“User Generated Content”). If you post User Generated Content, all of the information that you post will be available to authorized personnel of Miracle-Ear. You expressly acknowledge and agree that we may access in real-time, record and store archives of any User Generated Content on our servers to make use of them in connection with the Service. If you submit a review, recommendation, endorsement, or other User Generated Content through the Service, or through other websites including Facebook, Instagram, Google, Yelp, and other similar channels, we may share that review, recommendation, endorsement, or content publicly on the Service.

When providing personal information to Miracle-Ear as described in this Privacy Notice, that personal information is primarily collected directly from you. Miracle-Ear can also collect personal information about you from third party social networking services, publicly accessible sources, Miracle-Ear subsidiaries or affiliates, or third-party service providers and other partners. The information provided by you and the information collected from other sources can be combined as your personal information. Finally, As described in our Cookie Notice, Miracle-Ear may automatically collect certain information that is considered personal information. In particular, we may collect personal and non-personal information through own or third-party cookies and similar technologies deployed on our website(s).

Subject to the terms of this Privacy Notice, Miracle-Ear uses the above-described categories of personal information in several ways. Unless otherwise stated specifically, the above information may be used for any of the following purposes:

• to provide information to you about the Service or products;
• to administer the Service to you or provide products;
• to respond to and process your requests;
• to distribute communications relevant to your use of the Service, such as system updates or information about your use of the Service;
• as may be necessary to support the operation of the Service, such as for billing, account maintenance, and record-keeping purposes;
• to notify you about changes to this Privacy Notice;
• to send to you Miracle-Ear solicitations, product announcements, and the like that we feel may be of interest to you (you may “opt out” of receiving these marketing materials);
• to allow you to participate in surveys or provide testimonials;
• to carry out Miracle-Ear’s obligations and enforce rights arising from any contracts between you and Miracle-Ear;
• to investigate and deter fraudulent activity;
• in other manners compatible with the above purposes, after subsequent notice is provided to you, or after your consent is obtained, if necessary.

We may provide any of the described categories of personal information to Miracle-Ear employees, consultants, affiliates or other businesses or persons for the purpose of processing such information on our behalf in order to provide the Service to you. In such circumstances, we require that these parties agree to protect the confidentiality of such information consistent with the terms of this Privacy Notice.

We may disclose information to third parties in accordance with this Privacy Notice. The third parties we may disclose your information to include:

• Third parties and service providers (e.g., providing products and services, advertising and marketing, data analysis, enhancing the information collected about you);
• Subsidiaries and affiliates;
• Direct marketing providers;

We will not share your personal information with other, third-party companies for their commercial or marketing use (except as may be described in this Privacy Notice) without your consent except if the information is to be used as part of a specific program or feature for which you have the ability to opt-in or opt-out.

In addition, we may release personal information: (i) to the extent we have a good-faith belief that such action is necessary to comply with any applicable law; (ii) to enforce any provision of the Terms of Service , protect ourselves against any liability, defend ourselves against any claims, protect the rights, property and personal safety of any user, or protect the public welfare; (iii) when disclosure is required to maintain the security and integrity of the Service, or to protect any user’s security or the security of other persons, consistent with applicable laws (iv) to respond to a court order, subpoena, search warrant, or other legal process, to the extent permitted and as restricted by law; or (v) in the event that we go through a business transition, such as a merger, divestiture, acquisition, liquidation or sale of all or a portion of our assets.

Miracle-Ear will retain your personal information only for as long as is necessary for the purposes set out in this Privacy Notice. To determine the appropriate retention period for your personal information, we will consider the amount, nature, and sensitivity of the personal information, the potential risk of harm from unauthorized use or disclosure of your personal information, the purposes for which we use your personal information and whether we can achieve those purposes through other means, and the applicable legal requirements.

Miracle-Ear will also retain usage data for internal analysis purposes. Usage data is generally retained for a shorter period of time, except when this data is used to strengthen the security or to improve the functionality of the Service, or we are legally obligated to retain this data for longer periods.

You can make changes to your information, access your information, or delete your information. To do so, please contact the Compliance Department via telephone at (800) 234-9314 or (763) 268-4103 or via email at compliancedept@amplifon.com.

You have the right to opt out of email communications from Miracle-Ear. Each email incudes opt-out instructions that you can use to stop receiving these communications, or you can contact the Compliance Department directly. Requests made through the opt-out instructions may take up to 10 days to process.

Miracle-Ear sends autodialed marketing text messages to devices that have opted into receiving them. Opting into text messages is not a condition of purchase. If you would like stop receiving text messages from Miracle-Ear, you can respond to any of our text messages with ‘STOP’ or contact the Compliance Department directly. Requests to opt out of text messages made through text message are effective immediately upon receipt. Standard message and data rates may apply. 

For individuals located outside the US, in particular in Switzerland, the United Kingdom and the European Economic Area (EEA), please note that Miracle-Ear is a US based company. Miracle-Ear does not market to or solicit customers from outside the US, therefore, users of the Service should not expect to avail themselves of the rights provided under the EU’s General Data Protection Regulation (“GDPR”). If you use the Service, all information, including personal information, will be transferred to Miracle-Ear in the US. By using the Service, you unambiguously consent to the transfer of your personal information and other information to the US and elsewhere for the purposes and uses described in this Privacy Notice. Further, you acknowledge that Miracle-Ear is not subject to the GDPR or similar international privacy laws, and, therefore, you will be unable to claim the privacy rights provided in those laws. If you wish to make an inquiry under European Union or another country-specific law, please visit https://www.amplifon.com/international.

If you are a resident of the states of California, Colorado, Virginia, or another state that has passed similar comprehensive privacy legislation, your state’s privacy protections extend to your use of the Service. Throughout this Privacy Notice you will find information required by such state laws regarding the categories of personal information collected from you, the purposes for which we use personal information, and the categories of third parties your data may be shared with. This information is current as of the date of the Notice and is applicable in the 12 months preceding the effective date of the Notice.

Your state law may provide you with certain rights with regard to your personal information. These rights may include the following:

• Right to know;
• Right to access;
• Right to delete;
• Right to correct;
• Right to data portability; and
• Right to opt-out of or limit certain uses, processing, and or disclosure.

As a resident of California, Colorado, Virginia, or another state that has passed similar comprehensive privacy legislation, your state law provides you the ability to make inquiries regarding your personal information. Specifically, the degree to which this information is not already provided in this Privacy Notice or through some other means, you have the right to request disclosure about the collection and use of your personal information over the past 12 months, including:

•  The categories of personal information collected about you.
• The categories of sources for the personal information collected about you.
• The business or commercial purpose for collecting your personal information.
• The categories of third parties with whom your personal information was shared.
• The specific pieces of personal information collected about you.
• If your personal information was disclosed for a business purpose, the personal information categories disclosed and the categories of third parties to which the information was disclosed.
•  If your personal information was sold in the past 12 months, the personal information categories sold and the categories of third parties to which the information was sold.

Requests you make regarding your personal information collected and retained may be subject to certain exceptions. Miracle-Ear will inform you of such exceptions in its response to your request. If Miracle-Ear is selling, re-selling, or otherwise distributing your personal information in exchange for monetary compensation, advertising, or other purposes, you may have the right to opt-out or limit such sales or disclosures. However, at this time, Miracle-Ear does not sell, re-sell, distribute for re-sale, or share, as that term is defined in applicable legislation, your personal information. Finally, you have the right to not receive discriminatory treatment by Miracle-Ear or any business for exercising any of the rights provided under your state law.

If we receive a request from you, we will first make a determination regarding the applicability of your state’s law, and we will then take steps to verify your identity prior to responding. The steps to verify your identity may vary based on our relationship with you, but, at a minimum, it will take the form of confirming and matching the information submitted in the request with information already held by Miracle-Ear and/or contacting you through previously used channels to confirm that you submitted the request (i.e. confirming identity through contact information that we have on file, not the contact information submitted to make the request).

Depending on your jurisdiction, you may make requests regarding your data one to two times a year, free of charge. However, Miracle-Ear may charge a reasonable fee or deny a request that is considered manifestly unfounded or excessive. Miracle-Ear will respond to your request within 45 days, unless the law states a different time period and/or the law provides for an extension, which Miracle-Ear will inform you of a need for extended time to respond. If for any reason your request is denied, Miracle-Ear will provide a “no action” explanation within the 45-day period. If your jurisdiction offers you a right to appeal such denial, you will be informed of your right to appeal that decision. 

You may submit a request by submitting a request through our Privacy Request Portal or by contacting us here:

                        Miracle-Ear, Inc.

                        ATTN: Compliance Officer

                        150 South 5^th Street, Suite 2300

                        Minneapolis, MN 55402

                        compliancedept@amplifon.com

                        800-234-9314 OR 763-268-4103

Your rights as stated here can also be exercised by an authorized agent on your behalf. Miracle-Ear will follow the standards set by the Attorney General of California regarding designation of an authorized agent to exercise rights under California’s privacy legislation. You may review information available through from the Attorney General regarding how an individual can be designated as an authorized agent.

In addition to California’s privacy legislation, California Civil Code Section 1798.83 permits users of the Website who are California residents to request certain information regarding its disclosure of personal information to third parties for their direct marketing purposes. To make such a request, please contact us as described here.

At this time, Miracle-Ear’s websites are not able to recognize and or respond to certain browser preference signals or opt-out settings such as Global Privacy Control (“GPC”) or Do Not Track. GPC and “Do Not Track” are browser settings that notifies websites of an individual’s privacy preferences. For example, “Do Not Track” is a preference you can set in your web browser to inform websites you visit that you do not wish to be tracked via certain technologies like cookies. Such browser settings must be supported by the website you are visiting to be effective. Miracle-Ear is not currently able to support such browser codes, so Miracle-Ear will not automatically acknowledge and or respond to your particular settings when you access our website(s) and/or the Service. However, you may make a request to opt-out of or limit any processing activities as described herein or through the links available on the Service.

We employ industry-standard security measures designed to protect the security of all information submitted through the Service. However, the security of information transmitted through the internet or via a mobile device can never be guaranteed. We are not responsible for any interception or interruption of any communications through the internet or for changes to or losses of data.

Users of the Service are responsible for maintaining the security of any password, user ID or other form of authentication involved in obtaining access to password protected or secure areas of the Service. In order to protect you and your information, we may suspend your use of any of the Service, without notice, pending an investigation, if any breach of security is suspected.

The Service may contain links to other websites maintained by third parties. Please be aware that we exercise no control over linked sites and Miracle-Ear is not responsible for the privacy practices or the content of such sites. Each linked site maintains its own independent privacy and data collection policies and procedures, and you are encouraged to view the privacy policies of these other sites before providing any personal information.

You hereby acknowledge and agree that Miracle-Ear is not responsible for the privacy practices, data collection policies and procedures, or the content of such third-party sites, and you hereby release Miracle-Ear from any and all claims arising out of or related to the privacy practices, data collection policies and procedures, and/or the content of such third-party sites.

The Service is not intended for children under the age of 13, and Miracle-Ear does not knowingly collect the personal information of children under the age of 13. 

Miracle-Ear reserves the right to modify this Privacy Notice from time to time in order to ensure that it accurately reflects the regulatory environment and our data collection principles. When material changes are made to this Privacy Notice, Miracle-Ear will post the revised Privacy Notice on our website. This Privacy Notice was last modified as of January 31, 2023.

If you have any questions or comments about this Privacy Notice or the Service provided by Miracle-Ear, please contact us at:

Miracle-Ear, Inc.

Attn: Compliance Officer

150 South 5th Street, Suite 2300

Minneapolis, MN 55402

Email: compliancedept@amplifon.com

Telephone: (800) 234-9314 or (763) 268-4103

Your Information. Your Rights. Our Responsibilities.

This notice describes how medical information about you may be used and disclosed and how you can get access to this information.

Please review it carefully.

Miracle-Ear (referred to in this Notice as “we” and through similar words such as “us,” “our,” etc.) is committed to protecting your health information. This Notice of Privacy Practices (“Notice”) describes how we may use and disclose your protected health information (“PHI”) to carry out treatment, payment, and health care operations and for other purposes that are permitted or required by law. This Notice also describes your rights and our duties with respect to your protected health information. You have a right to receive a paper copy of this Notice.

PHI for purposes of this Notice, is generally any information that identifies you and is created, received, maintained, or transmitted by us in the course of providing health care items or services to you.

We are required by the Health Insurance Portability and Accountability Act, as amended (“HIPAA”) and other applicable laws to maintain the privacy of PHI, to provide notice of our legal duties and privacy practices, and to notify affected individuals following a breach of unsecured PHI.

We are required to abide by the Notice currently in effect. We reserve the right to change this Notice and make the new Notice apply to PHI we already have as well as any information we receive in the future. A revised Notice will be posted at our facilities and on customer service websites. This Notice applies to providers and facilities Network that are owned/operated by Miracle-Ear.

The following describes ways we may use or disclose your PHI that do not require your written authorization (except as otherwise noted).

Treatment: providing services to you; coordinating your care with other providers; sending you appointment reminders and information about new or alternative treatments; and consulting with others, including hearing aid manufacturer representatives, to assist in the selection, fitting, programming, or adjustment of your hearing aids.

Payment: billing for services provided to you so that payment may be obtained from you, an insurance company or health plan, or other third party, or collecting unpaid amounts.

Health Care Operations: activities that allow us to run our business and to ensure that you receive quality care, such as quality assessment, performance reviews, business planning and training programs.

Other Health-Related Communications. This includes sending you information about health-related products or services, or payment for such items, provided by us that we believe may benefit your hearing health care; and similar communications as allowed by law.

People Assisting in Your Care or Payment for Your Care. Unless you object, we may share limited relevant health information with a person such as a family member or friend who is involved in your health care or payment for your care. We may, for example, provide limited information to allow another person to pick up a hearing aid for you. If you do not want such information given out, you can request that it not be shared. If you are unable to agree or object to such a disclosure, we may disclose such information as necessary if we determine that it is in your best interest based on our professional judgment.

Fundraising/Foundation. We may contact you about fundraising programs and events. We may disclose limited PHI to companies that help us with these programs. You have the right to opt out of receiving such communications.

Other Situations. We are allowed or required to share your information in other ways – usually in ways that contribute to the public good, such as public health and research. We have to meet many conditions in the law before we can share your information for these purposes. For more information see: http://www.hhs.gov/ocr/privacy/hipaa/understanding/consumers/index.html.

• Emergency treatment or disaster relief assistance;
• Research, if allowed by law or you have given permission;
• Public health reporting activities or risks, such as contagious disease reporting or notices to and from the Food and Drug Administration regarding medical devices;
• Health oversight activities (audits, investigations, inspections, licensure, compliance);
• Reports regarding victims of abuse, neglect or domestic violence;
• Judicial and administrative proceedings, such as in response to a court or administrative order or subpoena;
• To avert a serious threat to health or safety;
• Law enforcement, subject to limits set forth under the law;
• Military and veterans, if lawfully required by military command authorities;
• Workers’ compensation;
• National security and intelligence activities, as authorized by law;
• Inmates or persons in custody (for health care or other safety or security reasons);
• Business associates (to perform functions or services on our behalf);
•  When otherwise permitted or required by law.

The use or disclosure of your PHI for marketing purposes or sale of your PHI is prohibited unless you have given us prior written authorization. “Marketing” does not include face-to-face communications or promotional gifts of nominal value. Other uses and disclosures of your PHI not covered by this Notice or by the laws that apply to us will be made only with your written authorization.

You may revoke your authorization at any time by submitting a written revocation. However, any disclosure we made in reliance on your authorization before you revoked it will not be affected by the revocation.

If you have a question, complaint, or you free we have violated your rights, you may contact our Privacy Officer at:

Miracle-Ear, Inc.

Attn: Compliance Department

150 South 5th Street, Suite 2300

Minneapolis, MN 55402

mailto:compliancedept@amplifon.com

1-800-234-9314

If you believe your privacy rights have been violated or you disagree with a decision about any of your rights, you may contact us or the U.S. Department of Health and Human Services – Office of Civil Rights (OCR) to file a complaint. For more information go to http://www.hhs.gov/ocr/privacy/hipaa/complaints.

You will not be retaliated against for filing a complaint.

This Notice is effective as of February 17, 2021. We may change the terms of this notice, and the changes will apply to all information we have about you. The new notice will be available upon request, in our office, and on our web site.