Privacy Notice

Introduction

Thank you for choosing to be part of our community at Hearo Technologies, LLC ("Company", "we", "us", "our"). We are committed to protecting your personal information and your right to privacy. If you have any questions or concerns about this privacy notice, or our practices with regards to your personal information, please contact us at security@hearo.net.

When you use our mobile application, as the case may be (the "App") and more generally, use any of our services (the "Services", which include the App), we appreciate that you are trusting us with your personal information. We take your privacy very seriously. In this privacy notice, we seek to explain to you in the clearest way possible what information we collect, how we use it and what rights you have in relation to it. We hope you take some time to read through it carefully, as it is important. If there are any terms in this privacy notice that you do not agree with, please discontinue use of our Services immediately.

This privacy notice applies to all information collected through our Services (which, as described above, includes our App), as well as, any related services, sales, marketing or events.

Please read this privacy notice carefully as it will help you understand what we do with the information that we collect.

Hearo Care Console. This notice also covers Hearo Care Console, our app for Android and iOS (and its website at console.hearo.net) used by care staff and administrators of organizations that use Hearo ("Participating Organizations"). Care Console accounts are created for staff by their organization or by Hearo; you can’t sign up for one in the app. When you use Care Console, we process information on behalf of your Participating Organization to provide the care-support services it has asked us to provide. Your organization’s own policies may also apply to that information.

Information in Care Console is also about the people your organization supports ("Residents") and the homes and sites it serves ("Locations"). This notice explains how we handle Resident and Location information as well as information about you.

1. WHAT INFORMATION DO WE COLLECT?

Personal information you disclose to us

In Short: We collect personal information that you provide to us.

We collect personal information that you voluntarily provide to us when you express an interest in obtaining information about us or our products and Services, when you participate in activities on the App (such as by posting messages in our online forums or entering competitions, contests or giveaways) or otherwise when you contact us.

The personal information that we collect depends on the context of your interactions with us and the App, the choices you make and the products and features you use. The personal information we collect may include the following:

Personal Information Provided by You. We collect email addresses; names; and other similar information.

All personal information that you provide to us must be true, complete and accurate, and you must notify us of any changes to such personal information.

Information automatically collected

In Short: Some information — such as your Internet Protocol (IP) address and/or browser and device characteristics — is collected automatically when you visit our App.

We automatically collect certain information when you visit, use or navigate the App. This information does not reveal your specific identity (like your name or contact information) but may include device and usage information, such as your IP address, browser and device characteristics, operating system, language preferences, referring URLs, device name, country, location, information about how and when you use our App and other technical information. This information is primarily needed to maintain the security and operation of our App, and for our internal analytics and reporting purposes.

The information we collect includes:

• Log and Usage Data. Log and usage data is service-related, diagnostic, usage and performance information our servers automatically collect when you access or use our App and which we record in log files. Depending on how you interact with us, this log data may include your IP address, device information, browser type and settings and information about your activity in the App (such as the date/time stamps associated with your usage, pages and files viewed, searches and other actions you take such as which features you use), device event information (such as system activity, error reports (sometimes called 'crash dumps') and hardware settings).
• Device Data. We collect device data such as information about your computer, phone, tablet or other device you use to access the App. Depending on the device used, this device data may include information such as your IP address (or proxy server), device and application identification numbers, location, browser type, hardware model Internet service provider and/or mobile carrier, operating system and system configuration information.
• Location Data. We collect location data such as information about your device's location, which can be either precise or imprecise. How much information we collect depends on the type and settings of the device you use to access the App. For example, we may use GPS and other technologies to collect geolocation data that tells us your current location (based on your IP address). You can opt out of allowing us to collect this information either by refusing access to the information or by disabling your Location setting on your device. Note however, if you choose to opt out, you may not be able to use certain aspects of the Services.

Information collected through our App

In Short: We collect information regarding your geo-location, mobile device, push notifications, when you use our App.

If you use our App, we also collect the following information:

• Geo-Location Information. We may request access or permission to and track location-based information from your mobile device, either continuously or while you are using our App, to provide certain location-based services. If you wish to change our access or permissions, you may do so in your device's settings.
• Mobile Device Access. We may ask for access to certain features of your mobile device. In Hearo Care Console:
  • Camera and microphone are used only during a video call that you place or answer. You can turn either off at any time during the call.
  • Notifications alert you to incoming calls, messages, emergencies and other care events.
  • Full-screen alerts (Android) show an incoming call over the lock screen, the way a phone call is shown, until it is answered, declined, answered by someone else or times out.
  • Ongoing-call service (Android) keeps the camera and microphone working during an active call if you switch apps or the screen turns off. It never runs outside a call.
  • Bluetooth and phone state are used only to route call audio to a headset and to pause a video call when a phone call comes in.
  You can change these permissions at any time in your device’s settings. Some features, such as video calls, won’t work without them.
• Mobile Device Data. We automatically collect device information (such as your mobile device ID, model and manufacturer), operating system, version information and system configuration information, device and application identification numbers, browser type and version, hardware model Internet service provider and/or mobile carrier, and Internet Protocol (IP) address (or proxy server). If you are using our App, we may also collect information about the phone network associated with your mobile device, your mobile device’s operating system or platform, the type of mobile device you use, your mobile device’s unique device ID and information about the features of our App you accessed.
• Push Notifications. We may request to send you push notifications regarding your account or certain features of the App. If you wish to opt-out from receiving these types of communications, you may turn them off in your device's settings.

This information is primarily needed to maintain the security and operation of our App, for troubleshooting and for our internal analytics and reporting purposes.

Information processed by Hearo Care Console

In Short: Care Console processes staff account information, information about the Residents and Locations your organization supports, staff messages, and live video calls and camera views. Calls and camera views are not recorded by the app.

Account and sign-in information. Your name, email address, phone number if your organization adds one, user ID, profile image, role, and the Locations and conversations your organization has given you access to. You sign in with your email and password, and may also need a two-factor code. If you set up a passkey, your device keeps the private key and we store only the public key. The app keeps its sign-in token encrypted on your device and leaves it out of device backups.

Resident and Location information. For the Locations you are assigned to, the app shows information your organization has entered or that Hearo devices and sensors at those Locations report. This can include Resident names and photos, Location names, addresses and images, the status of connected devices, and care events such as emergencies, safety alerts and requests for help. Some of this may be health-related information. You only see information for Locations you are assigned to.

Messages. The content of messages you send and receive with other staff, Residents and Locations, when they were sent, and any images attached to them.

Video calls. When you place or answer a video call, your camera video and microphone audio are streamed live to the other participants through our video provider, Vonage. Care Console does not record calls. We keep a record that a call happened (who called, who answered or declined, and when) so your organization can see that calls were handled.

Live camera viewing. Where an organization has installed cameras at a Location, authorized staff can view a live camera feed. Before viewing, you are asked for a reason. Each viewing session creates an audit record with your name, the camera, the Location, the reason you gave, the time and how long you watched, which your organization can review. The live feed is sent to your device directly or through a relay server we operate, and Google’s public connection servers see your device’s IP address while the connection is set up. The app does not record the live feed.

Device and service identifiers. A push notification token from Google Firebase Cloud Messaging (Android) or Apple Push Notification service (iOS), an identifier for our realtime messaging service (PubNub), and call and session identifiers, used to deliver notifications, messages, calls and live updates to your device.

Usage and diagnostics. Our servers keep ordinary request logs (such as IP address, time and the request made) for security and troubleshooting. We use PostHog to understand how Care Console is used and to find errors: it receives your user ID, name, email, role and organization, which pages and screens you open and actions such as calls placed or messages sent, and error reports. PostHog never receives message content, call audio or video, camera video, or Resident names or addresses, and we do not record your screen.

Device location. Care Console does not request or collect your device’s location. In Care Console, "Location" means a home or site your organization supports.

What Care Console does not do. Care Console contains no advertising and does not use your device’s advertising identifier. We do not sell information collected through Care Console or use it for advertising.

2. HOW DO WE USE YOUR INFORMATION?

In Short: We process your information for purposes based on legitimate business interests, the fulfillment of our contract with you, compliance with our legal obligations, and/or your consent.

We use personal information collected via our App for a variety of business purposes described below. We process your personal information for these purposes in reliance on our legitimate business interests, in order to enter into or perform a contract with you, with your consent, and/or for compliance with our legal obligations. We indicate the specific processing grounds we rely on next to each purpose listed below.

We use the information we collect or receive:

• To facilitate account creation and logon process. If you choose to link your account with us to a third-party account (such as your Google or Facebook account), we use the information you allowed us to collect from those third parties to facilitate account creation and logon process for the performance of the contract.
• To post testimonials. We post testimonials on our App that may contain personal information. Prior to posting a testimonial, we will obtain your consent to use your name and the content of the testimonial. If you wish to update, or delete your testimonial, please contact us at security@hearo.net and be sure to include your name, testimonial location, and contact information.
• Request feedback. We may use your information to request feedback and to contact you about your use of our App.
• To enable user-to-user communications. We use your information to let you message and call other staff, Residents and Locations your organization has connected you with.
• To manage user accounts. We may use your information for the purposes of managing our account and keeping it in working order.
• To send administrative information to you. We may use your personal information to send you product, service and new feature information and/or information about changes to our terms, conditions, and policies.
• To protect our Services. We may use your information as part of our efforts to keep our App safe and secure (for example, for fraud monitoring and prevention).
• To enforce our terms, conditions and policies for business purposes, to comply with legal and regulatory requirements or in connection with our contract.
• To respond to legal requests and prevent harm. If we receive a subpoena or other legal request, we may need to inspect the data we hold to determine how to respond.
• Fulfill and manage your orders. We may use your information to fulfill and manage your orders, payments, returns, and exchanges made through the App.
• Administer prize draws and competitions. We may use your information to administer prize draws and competitions when you elect to participate in our competitions.
• To deliver and facilitate delivery of services to the user. We may use your information to provide you with the requested service.
• To respond to user inquiries/offer support to users. We may use your information to respond to your inquiries and solve any potential issues you might have with the use of our Services.

• To provide care-support services for your organization. We use Resident, Location and care-event information so staff can monitor the homes and sites they support and respond to emergencies and requests for help.
• To connect calls and deliver messages and alerts. We use your account details, phone number, device identifiers and push tokens to ring your device for incoming calls, deliver messages, and alert you to care events by notification, text message or phone call, including when the app is closed.
• To keep audit records. We record camera viewing sessions and call handling so your organization can supervise access to sensitive information and see that calls and emergencies were handled.
• To improve our Services. We use product analytics, as described in Section 1, to see which features are used and to find and fix errors.

3. WILL YOUR INFORMATION BE SHARED WITH ANYONE?

In Short: We only share information with your consent, to comply with laws, to provide you with services, to protect your rights, or to fulfill business obligations.

We may process or share your data that we hold based on the following legal basis:

• Consent: We may process your data if you have given us specific consent to use your personal information for a specific purpose.
• Legitimate Interests: We may process your data when it is reasonably necessary to achieve our legitimate business interests.
• Performance of a Contract: Where we have entered into a contract with you, we may process your personal information to fulfill the terms of our contract.
• Legal Obligations: We may disclose your information where we are legally required to do so in order to comply with applicable law, governmental requests, a judicial proceeding, court order, or legal process, such as in response to a court order or a subpoena (including in response to public authorities to meet national security or law enforcement requirements).
• Vital Interests: We may disclose your information where we believe it is necessary to investigate, prevent, or take action regarding potential violations of our policies, suspected fraud, situations involving potential threats to the safety of any person and illegal activities, or as evidence in litigation in which we are involved.

More specifically, we may need to process your data or share your personal information in the following situations:

• Your Participating Organization. Information in Care Console is available to your organization and to other staff it authorizes, based on the Locations and conversations they are assigned to. This includes your messages, the calls you handle, and the audit records of camera viewing sessions.
• Business Transfers. We may share or transfer your information in connection with, or during negotiations of, any merger, sale of company assets, financing, or acquisition of all or a portion of our business to another company.
• Vendors, Consultants and Other Third-Party Service Providers. We may share your data with third-party vendors, service providers, contractors or agents who perform services for us or on our behalf and require access to such information to do that work. Examples include: payment processing, data analysis, email delivery, hosting services, customer service and marketing efforts. We use the analytics providers listed in Section 4 to understand how our apps are used. They do not use your information for their own purposes. Unless described in this notice, we do not share, sell, rent or trade any of your information with third parties for their promotional purposes.
• Business Partners. We may share your information with our business partners to offer you certain products, services or promotions.
• Other Users. When you share personal information (for example, by posting comments, contributions or other content to the App) or otherwise interact with public areas of the App, such personal information may be viewed by all users and may be publicly made available outside the App in perpetuity. Similarly, other users will be able to view descriptions of your activity, communicate with you within our App, and view your profile.

4. WHO WILL YOUR INFORMATION BE SHARED WITH?

In Short: We only share information with the following service providers, which process it on our behalf to run our Services.

If we have processed your data based on your consent and you wish to revoke your consent, please contact us using the details in the section titled "HOW CAN YOU CONTACT US ABOUT THIS NOTICE?".

• Cloud hosting and storage: Google Cloud (application servers, databases and a long-term archive of care events, in the United States) and Microsoft Azure (stored files such as message attachments).
• Video calling: Vonage (live video and audio during calls, and call session identifiers). Calls are not recorded.
• Realtime messaging: PubNub (delivering messages, live updates, incoming-call signals and camera connection signals, and passing push notifications on).
• Push notifications: Google Firebase Cloud Messaging (Android) and Apple Push Notification service (iOS) (your device’s push token and the contents of notifications, such as a caller’s name or a message preview).
• Text messages and phone alerts: Twilio (your phone number and the alert text, when your organization uses text or phone alerts for emergencies).
• Email: Resend (your name and email address, to send account and service emails).
• Image delivery: Imgix (delivering Resident, Location and profile images).
• Product analytics: PostHog for Hearo Care Console, and Heap Analytics for Hearo One, as described in Section 1.

5. HOW LONG DO WE KEEP YOUR INFORMATION?

In Short: Care records are kept for at least seven years. Live calls and camera views are not stored.

Hearo Care Console is used to deliver and document care. Records of that care, including care events, messages and attachments, call records and camera-viewing audit records, are kept as part of the care record for at least seven (7) years after they are created, or longer where the law or our agreement with your organization requires it. We keep them to meet record-keeping requirements for providers of care services, to support the care your organization provides, and to respond to audits, investigations and legal claims.

• Live call audio and video, live camera video: not stored; streamed only while the call or view is active.
• Care events, messages and attachments, call records, camera-viewing audit records: at least seven years.
• Images and video clips from activity and camera events: no longer available in the app after 48 hours. The record that the event happened is kept for the period above.
• Account information: while your account is active, and then for the period above so the care record shows who did what.
• Push tokens and the sign-in token on your device: removed from the device when you sign out.

When the required retention period has ended, we may delete or de-identify the information, and we will if you or your organization asks (see Section 13). If deletion is not possible, for example because the information is in backup archives, we will securely store it and isolate it from any further processing until deletion is possible.

6. HOW DO WE KEEP YOUR INFORMATION SAFE?

In Short: We aim to protect your personal information through a system of organizational and technical security measures.

In Hearo Care Console, information sent between the app, our servers and our service providers is encrypted in transit. Your sign-in token is encrypted on your device and is not included in device backups. Staff only see the Locations and conversations their organization assigns to them, and each camera viewing session is recorded in an audit log. Our servers are hosted by Google Cloud in the United States.

We have implemented appropriate technical and organizational security measures designed to protect the security of any personal information we process. However, despite our safeguards and efforts to secure your information, no electronic transmission over the Internet or information storage technology can be guaranteed to be 100% secure, so we cannot promise or guarantee that hackers, cybercriminals, or other unauthorized third parties will not be able to defeat our security, and improperly collect, access, steal, or modify your information. Although we will do our best to protect your personal information, transmission of personal information to and from our App is at your own risk. You should only access the App within a secure environment.

7. DO WE COLLECT INFORMATION FROM MINORS?

In Short: We do not knowingly collect data from or market to children under 18 years of age.

We do not knowingly solicit data from or market to children under 18 years of age. By using the App, you represent that you are at least 18 or that you are the parent or guardian of such a minor and consent to such minor dependent’s use of the App. If we learn that personal information from users less than 18 years of age has been collected, we will deactivate the account and take reasonable measures to promptly delete such data from our records. If you become aware of any data we may have collected from children under age 18, please contact us at security@hearo.net.

Hearo Care Console is for adult staff of Participating Organizations. Organizations may enter information about Residents they support, who may include people under 18. In that case the organization is responsible for any consent required from a parent or guardian, and we process that information only on the organization’s behalf.

8. WHAT ARE YOUR PRIVACY RIGHTS?

In Short: You may review, change, or terminate your account at any time.

If you are a resident in the European Economic Area and you believe we are unlawfully processing your personal information, you also have the right to complain to your local data protection supervisory authority. You can find their contact details here: http://ec.europa.eu/justice/data-protection/bodies/authorities/index_en.htm.

If you are a resident in Switzerland, the contact details for the data protection authorities are available here: https://www.edoeb.admin.ch/edoeb/en/home.html.

9. CONTROLS FOR DO-NOT-TRACK FEATURES

Most web browsers and some mobile operating systems and mobile applications include a Do-Not-Track ("DNT") feature or setting you can activate to signal your privacy preference not to have data about your online browsing activities monitored and collected. At this stage no uniform technology standard for recognizing and implementing DNT signals has been finalized. As such, we do not currently respond to DNT browser signals or any other mechanism that automatically communicates your choice not to be tracked online. If a standard for online tracking is adopted that we must follow in the future, we will inform you about that practice in a revised version of this privacy notice.

10. DO CALIFORNIA RESIDENTS HAVE SPECIFIC PRIVACY RIGHTS?

In Short: Yes, if you are a resident of California, you are granted specific rights regarding access to your personal information.

California Civil Code Section 1798.83, also known as the "Shine The Light" law, permits our users who are California residents to request and obtain from us, once a year and free of charge, information about categories of personal information (if any) we disclosed to third parties for direct marketing purposes and the names and addresses of all third parties with which we shared personal information in the immediately preceding calendar year. If you are a California resident and would like to make such a request, please submit your request in writing to us using the contact information provided below.

If you are under 18 years of age, reside in California, and have a registered account with the App, you have the right to request removal of unwanted data that you publicly post on the App. To request removal of such data, please contact us using the contact information provided below, and include the email address associated with your account and a statement that you reside in California. We will make sure the data is not publicly displayed on the App, but please be aware that the data may not be completely or comprehensively removed from all our systems (e.g. backups, etc.).

11. DO WE MAKE UPDATES TO THIS NOTICE?

In Short: Yes, we will update this notice as necessary to stay compliant with relevant laws.

We may update this privacy notice from time to time. The updated version will be indicated by an updated "Revised" date and the updated version will be effective as soon as it is accessible. If we make material changes to this privacy notice, we may notify you either by prominently posting a notice of such changes or by directly sending you a notification. We encourage you to review this privacy notice frequently to be informed of how we are protecting your information.

12. HOW CAN YOU CONTACT US ABOUT THIS NOTICE?

If you have questions or comments about this notice, you may contact our privacy officer by email at security@hearo.net, by phone at (417) 404-1548, or by post to:

Hearo Technologies, LLC

1548 E Primrose St

Springfield, MO 65804

United States

13. HOW CAN YOU REVIEW, UPDATE, OR DELETE THE DATA WE COLLECT FROM YOU?

Based on the applicable laws of your country or state, you may have the right to request access to the personal information we collect from you, change that information, or delete it in some circumstances.

To ask to see, correct or delete your personal information, email security@hearo.net from the email address on your account. We will respond within 30 days.

Hearo Care Console accounts. Your organization manages your Care Console account. To close your account, ask your organization’s administrator, or email security@hearo.net and we will work with your organization. When your account is closed, you can no longer sign in and we stop sending notifications to your devices. Signing out of the app removes your sign-in token and push token from the device.

Deletion requests. Because Care Console information is part of a care record, we keep it for the period described in Section 5, even after an account is closed. If you ask us to delete your information, we will confirm what we hold and delete or de-identify it once the required retention period has ended, unless the law or a pending audit, investigation or legal claim requires us to keep it longer. We will tell you when we can’t delete something and why.

Resident information. Information about Residents belongs to the Participating Organization that supports them. Residents and their representatives should send requests to that organization, and we will help the organization respond.