|  Listening Applications Privacy Policy

Your privacy is important to us and Listening Applications takes very seriously its responsibility to take commercially reasonable steps to maintain security and protect your privacy. 

Listening Applications will not sell, lease, or rent your information to third parties without your written permission.

Terms and Conditions of Use

This privacy policy describes the conditions under which Listening Applications Ltd. and its affiliates under the name Listening Applications or its brand name Tunefork (“Listening Applications” or “we”) use personal information that we collect, receive and store about individuals in connection with the use of (i) this website (together with its portal, pages, sub-domains, content and Services: the “Website”); (ii) the Listening Applications Mobile Application (the “App.”) (iii) our Community groups; (iv) any services we provide such as Helpdesk support services (the “Services”); and (v) products we sell or provide (“Products”). There may be additional privacy-related information relating to particular web pages that you enter.

We strongly recommend that you read the Privacy Policy carefully. You are not legally obligated to provide us your information, and you hereby confirm that you do so at your own free will. By using the Website and/or the App and/or the Services, you agree to be bound by the terms of the Privacy Policy and to our collection, processing, and sharing of your information for the purposes set forth herein. If you do not accept the terms and conditions of the Privacy Policy, you are directed to discontinue accessing or otherwise using the Website, the App. and the applicable Services, and any materials obtained from them. Listening Applications retains the right without advance notice to modify the terms of this Privacy Policy. Such change will be effective ten (10) days following posting of the revised Privacy Policy on the Website and/or App., as applicable. Your continued use of the Website and/or App and/or Services and/or participation in the Community group(s), indicate your consent to the Privacy Policy at the time of each such use.

Please note that you are not obligated to disclose any information by law, and you do so at your choice and consent. In case you do not wish to provide any information, you are kindly requested not to use the Website, the App. or the Services. 

This Listening Applications Privacy Policy does not apply to third-party websites that may be linked or that you can access. These will have their own privacy policies.
 

Information We Collect

Listening Applications collects both information that identifies you and information that does not personally identify you:

  1. When you download the App., the App. will require you to provide your email address. Your Identification data (name), contact information (phone number) and age are optional. In addition, through the App. we have access to: health information (earing test results), geo-location, IP address and any data obtained through tracking technologies such as Firebase as specified below. 
     

  2. To register and access the Listening Applications Community, you are requested, but not obligated, to provide information that may describe and identify you (e.g., occupation, hobbies, Lifestyle data). We identify you in Community groups within social media through your profile. Regarding WhatsApp Community groups, you may choose not to provide us with any information and remain anonymous (to do that, please select a screen name which does not identify you. 
     

  3. Any information you provide. When you register and/or create an account for using our Services, ‘Contact us’, or otherwise, you provide your information such as your name, email address, etc. We may send you an e-mail to the e-mail address you submit to confirm your registration or answer your request. If you choose not to create an account, you may not be able to access or use certain features of the Services or Website.
     

  4. Cookies, web beacons or other similar technologies or files stored on your computer. We may use cookies, web beacons or other tracking technologies to improve quality of our Services, track user trends and present you with information that is customized for you. A “cookie” is a small text file that may be used, for example, to collect information about activity on the Website. Certain cookies and other technologies may serve to recall personal information, such as an IP address, previously indicated by a user. Most browsers allow you to control cookies, including whether or not to accept them and how to remove them. You may set most browsers to notify you if you receive a cookie, or you may choose to block cookies with your browser. For further information about deleting or blocking cookies, please visit: http://www.aboutcookies.org/Default.aspx?page=2.

    In addition, where applicable, the Website may offer you the choice to opt out of the use of cookies on the Website.  Certain services and portions of the Website may require cookies and you may not be able to access those if you opt out of the use of cookies. You can give your consent by allowing cookies in your browser settings, by continuing to use our Website, or by clicking on the appropriate button on the banner displayed to you, when applicable. If you do not wish to accept cookies in connection with your use of the Website, you must stop using our Website. To consult the list of cookies we use on our Website, please check your browser’s instructions.
     

  5. Additional Tracking Technologies. The Website may use a tool called “Google Analytics” and the App. may use a tool called “Google FireBase” and additional tracking technologies (such as Microsoft AppCenter, apilayer ipstack) which are tools that monitor activities in the Website and in the App. on an anonymous basis only, for the purpose of Website and App. services improvement (the: “Tools”).  The Tools collect information such as how often users visit or use a Website or the App., what pages and screens they visit, and what other websites they visited prior to coming to the Website. Listening Applications does not use the information collected through the use of the Tools in a manner allowing it to identify Website or App. users (except that in the App., users are identified and their data may be used in conjunction with data collected via the Tools). Additionally, the Tools’ ability to use and share information collected by the Tools about your use of the Website or App. is restricted by the Tools’ Terms of Service, available at http://www.google.com/analytics/terms/us.htmlhttps://firebase.google.com/terms/analytics/, https://appcenter.ms/ and the Google Privacy Policy, available at http://www.google.com/policies/privacy/.  At any time, you may prevent your information from being used by Google Analytics by downloading and installing the Google Analytics Opt-out Browser Add-on, available at https://tools.google.com/dlpage/gaoptout. Similarly, you may disable firebase by following the instructions in the following link: https://firebase.google.com/support/guides/disable-analytics#temporarily_disable_collection or https://docs.microsoft.com/en-us/appcenter/gdpr/how-to-stop-collecting-data.  
     

  6. Log Information – Our servers may log and record information including Internet Protocol address, browser type, date and time of your request, among other information. We may use such information to analyze trends, diagnose problems with our servers, administer the Services and the Website, track users’ movement between the Services, identify you for the duration of a session and gather demographic information.
     

  7. User Communications. When you enter information and email addresses or any contact information, we may use that information to, for example, contact you. You may be added to a mailing list and that information may be stored, processed and distributed as applicable within the Website. In so doing, Listening Applications may associate your communication with you.
     

  8. Unique number – when you sign up we may identify you with a unique number or other code.
     

  9. Third Party Applications – Listening Applications may utilize third-party applications that may identify the user.
     

  10. When you login with your username and password to use the Listening Applications Community, we may record that you are present online. User information may be tracked for the purpose, for instance, of ensuring authorized access or enabling proper communication with Listening Applications or other members.
     

  11. Information your computer automatically provides to websites, such as IP address, the type of browser you use, the domain name of your Internet provider, specific areas of the Website that you visit, user demographics, duration of your visit and site traffic metrics. This information, which is sometimes called “clickstream” data, can be collected and stored by a Website’s server. We may use clickstream data to determine how much time visitors spend on each page of the Website and how they navigate through the Website. We will only use this information to improve the Website, the App. and our Services.
     

  12. Social media. We may collect data via social networks, including our Social Media Community groups and pages. 
     

  13. Payments. transactions made through the Website or the App. are paid through a third-party payment processing vendor. We and the payment processing vendor will collect your payment information and may collect certain additional information to process your request, such as your credit card, ID or bank account information. Listening Applications has no responsibility regarding the processing of the payment, and the collection and processing of your information thereof. For more information on the payment vendor’s terms and privacy policy, please refer to its website. 

Use of Information

If you submit or we collect your information through the Website and/or App. and/or Services, then we may, in addition to the uses described above, use such information to:

  1. Enable you to use the Services on the Website and/or App.
     

  2. Identify you in recurring uses of Website and/or App. which require registration and in order to eliminate the need to enter your details upon any new use.
     

  3. Improve our Website, App. Services and any future products.
     

  4. Send you marketing/advertisement communications that we believe may be of interest to you, to contact you in connection with our Services and certain programs or offerings, to send you updates or news regarding our Services, to respond to a “Contact Us”, administrative request (for example, to change your password) or other request, and to identify and authenticate your access to the parts of the Services that you are authorized to access.

    You may choose not to receive future promotional, advertising, or other Products or Services-related emails from us by selecting an unsubscribe link at the bottom of each email that we send. Please note that even if you opt out of receiving the foregoing emails, we may still send you a response to any “Contact Us” request as well as administrative emails (for example, in connection with a password reset request) that are necessary to facilitate your use of the Website or Services.
     

  5. Enable you and other users to personalize the services in the Website and/or App. to your references, and, for that goal, to profile clients and to monitor the actions of users in the Website and/or App. 
     

  6. Create, maintain and develop our customer relations, to market our products and services and to gain a better understanding about the needs of our present and potential customers and business partners. This includes the development of an advanced database which not only holds all the data related to individual Personal Audio Profiles, but it can match these profiles to technical data held on specific sound equipment, headphones, ear-buds and mobile devices. A Personal Audio Profile can therefore in some cases be matched precisely to known or registered pieces of audio equipment.
     

  7. Add you as a contact to our Facebook, Twitter and Instagram pages. If you do not agree, you may remove us from your social network accounts at any time.
     

  8. Personalize ads to your interests and/or tailor the content we display to you, including advertisements, and offer products and services that we believe may be of interest to you and fit your general profile category.
     

  9. Ensure the regular operation and development of the Website and/or the App.
     

  10. Deliver direct messaging notification and/or advertisement, including information regarding products and benefits, that, in our view may interest you, via email, automated dialing system, SMS, and any other manner. The direct messaging sent to you may be delivered by an affiliate or subsidiary of ours. Such direct messaging may be sent to you if you explicitly consented to it when registering to the Website or App. or Community group or at any other time. You may revoke your consent at any time and cease from receipt of direct messaging. 
     

  11. Conduct survey and questionnaires and invite you to conventions and gatherings.
     

  12. Analyze, monitor and deliver statistical data to third parties. Such data will not identify you personally.
     

  13. For any other purpose detailed in this Privacy Policy or in the Website terms of use.

Information Sharing

Listening Applications will not transfer your personal details and the information collected on your activity in the Website to third parties, other than in the following cases:
 

  1. To the extent that this is required for the purpose of regular supply of the Website and/or App. services, management and control, fulfilling your requests, facilitating relevant sales or marketing activities, provide customer support, etc., Listening Applications may allow access to your personal information to its agents, distributors, contractors, business partners, or other service providers as needed. Listening Applications will limit the information provided to service providers to that which is reasonably necessary for them to perform their functions, and requires of them to agree to maintain the confidentiality of your personal information and to comply with applicable privacy legislation including an adequate level of protection of your personal information. Such third parties may use your personal information only to provide services to you or to Listening Applications and will not be given permission to use such information for other purposes.  Such third parties may include IT suppliers (e.g., cloud-based services suppliers), App. stores (AppStore, Google Play and Digital AI), research and surveys suppliers, media suppliers, advertising, promotion and marketing suppliers, Data analytics suppliers, logistics, and so on.
     

  2. If you provide us with specific consent, your personal information including Identification data, communication data, age and hearing test results, may be shared with partners such as Audiology Clinics and Hearing products companies for the purpose of inviting you to have your hearing tested or promote hearing products to you.
     

  3. Should you violate the terms and conditions of this policy, or should you perform, through the Website or App. or in connection therewith, actions considered to be contrary to law or an attempt to perform such actions.
     

  4. Should Listening Applications receive a judicial order instructing it to disclose your particulars or the information about you to a third party.
     

  5. Should a certified authority require this, after Listening Applications has investigated and found that such requirement is reasonable and justified. In any event, we will disclose only the minimum information required.
     

  6. In any dispute, argument, claim, demand or legal proceedings, if any, between you and Listening Applications.
     

  7. In any case where Listening Applications is of the opinion that disclosure of the information is necessary to prevent serious injury to your person or property, or to the person or property of a third party.
     

  8. Listening Applications shall be entitled to transfer your personal information including the information collected following your use of the Website and/or App. to other companies or organizations in its group, such as parent company, subsidiary and sister company, provided, however, that they use this information only in accordance with the provisions of this Privacy Policy. 
     

  9. Listening Applications is entitled to disclose and share anonymous, aggregate and statistical information with other company or organization related to Listening Applications and with suppliers, business partners and any and all third parties at its sole discretion, but it shall not knowingly or intentionally reveal your identity to such third parties without your consent; in any event, Listening Applications shall not reveal your personal information, including the information collected from the Website to advertisers for advertisement purposes (except as specified above).
     

  10. Should Listening Applications organize its activity and the activity of the Website and/or App. in another framework, and should it alter its legal structure or merge with another entity, or merge the activity of the Website or App. with the activity of a third party – Listening Applications shall be entitled to transfer a copy of the information stored about you in its database to the new corporation, provided, however, that such corporation shall undertake the provisions of this Privacy Policy towards you.
     

The above data transfer may include transfer to or access from a country outside your country of residence, subject to an agreement applying the requirements of the applicable data privacy laws. E.g., the transfer of personal information to an AWS cloud in the USA for the purpose of storage.

Security
We take security very seriously and follow generally accepted industry standards and applicable rules, to protect the personal information submitted to us. However, no method of transmission over the Internet, or method of electronic storage, is 100% secure. We cannot guarantee its absolute security or confidentiality and users of the Website and App. do so at their own risk.


Advertising

Listening Applications may provide advertising on the Website and/or App.

Listening Applications’ Website may provide links to third-party websites for the convenience of our users. If you access those links, you will leave Listening Applications’ Website. Listening Applications does not control the policies of third-party websites that may collect information differently from that described in this Privacy Policy. We encourage you to review the privacy policy of any website before submitting personal information.

Opting Out and Data Subject Rights

We respect your rights under applicable laws, and, accordingly, users may opt out, review this personal information, have it erased or altered, and require additional rights under laws applicable to them (e.g. right to request information about sales and disclosures and the right not to be discriminated against for exercising under the CCPA). Please note that deletion of the information may prevent you from continuing using the App., the Website and/or any of the Services.  

by contacting Listening Applications or contact us for materializing other rights they may have under their local legislation such as the right to access their data, right to correct data etc.

Written request to execute any of these rights shall be submitted to: DataProtection@Tunefork.co.il 

As a condition to perform any of the aforesaid data subject requests that you submit to us, we will verify your identity by sending you a verification email to your email address we have on file. In the event that we are unable to verify your identity through such email address, we may use alternative ways to verify your identity (e.g., asking you to provide us with your username).

Users may make a request by an authorized agent acting on their behalf, provided that you directly confirm to use that you provide the authorizes agent a permission to submit the request.

All verifiable Users requests will be handled within the timeframe and subject to exceptions set under the applicable law. We retain information about you for as long as it is necessary and relevant for our operations and those uses identified in this Privacy Policy, unless a longer retention period is required or permitted by applicable law. The information we retain will be handled in accordance with this Privacy Policy unless prohibited by law.

Children’s Privacy
Listening Applications is committed to protecting the privacy needs of children and we encourage parents and guardians to take an active role in their children’s online activities. Listening Applications does not intentionally target its website to children under the age of 16 years. Accordingly, we do not intend to collect personal information from anyone we know to be under 16 years. Because our software does not automatically distinguish visitors under 16 from other visitors, we require users under 16 years of age to obtain the consent of a parent, guardian, teacher, or librarian to view the Website. If we learn that we have collected personal information from a child under 16 years without such consent, we will delete that information as quickly as possible. If you believe that we might have any such information, please contact us at DataProtection@Tunefork.co.il .


Notice to California Users

Under California Civil Code Section 1789.3, users of electronic commercial services are entitled to the following specific consumer rights notice:  The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 N. Market Blvd., Suite S-202, Sacramento, California 95834, or by telephone at (800) 952-5210.

Under the California Consumer Privacy Act or "CCPA (California Civil Code Section 1798.100 et seq.)), California residents have the right, inter alia, to request the disclosure of the categories and specific pieces of Personal Information that business has collected about them, to request the deletion of such data, request to opt out of the sale of Personal Information (where such information is sold). Listening Applications does not sell your Personal Information. You may request to exercise your rights under the CCPA by submitting a request (yourself or by an authorized agent as specified above). Verifiable consumers requests shall be addressed, and data will be provided in a portable format, within 45 days, subject to exceptions set out in the CCPA.

Under California Civil Code Section 1798.83, California residents can request in writing from businesses with whom they have an established business relationship:  (a) a list of the categories of personal information and the type of services provided to the customer, that a business has disclosed to third parties (including affiliates that are separate legal entities) during the immediately preceding calendar year for the third parties’ direct marketing purposes and (b) the names and addresses of all such third parties.  To make such a request from us, if entitled, please submit a written request to:

DataProtection@Tunefork.co.il

Commitment and Communication

We are committed to protecting your privacy. Protecting your privacy online is an evolving area, and we are constantly evolving our App., Products, Services, and practices, to meet these demands. If you have any comments or questions regarding our Privacy Policy or your personal information that we may be storing and using, please contact us at DataProtection@Tunefork.co.il.

Last updated: April 2021