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Privacy Policy

Last Updated: January 8, 2021

Orka Labs Inc. and its affiliates (collectively, "Orka," "We," "us") respects your right of privacy. We appreciate that you are trusting Orka. We created this privacy policy ("Privacy Policy") to describe the privacy practices for our devices, applications, software, websites, products, and services (the “Services”).

As with our Terms of Service, by creating, registering, or logging into an account through the Service, or otherwise accessing or using the Service, you automatically accept the then-effective Privacy Policy.

If you have any questions or need any help in obtaining this policy, please call us toll free at (866) 419-7760 or email us at privacy@hiorka.com.

Information We Collect

  1. Personal Information

“Personal Information” means any information that identifies, relates to, describes, or is capable of being associated with, a particular individual. Personal information includes, but not limited to, your name, gender, date of birth, age, email address, shipping address, telephone number, and identification number.

  1. Payment and Card Information

If you purchase Orka devices or products on our website, you provide your payment information, including your name, credit or debit or other card number, card expiration date, CVV code, and billing address. We do not store this payment information. We only store your shipping address to fulfill your order. Note that third-party payment processors may retain this information in accordance with their own privacy policies and terms.

  1. Health and Medical Information

We may collect your health and medical information for hearing test, or other diagnosis or treatment purposes, which may include, but is not limited to, information in any questionnaire, surveys, online hearing test you complete, audiogram shared with us or upload to the Services, your audiologist consultation appointment information, and your communication with audiologist during the consultation. Orka is not a covered entity under the Health Insurance Portability and Accountability Act ("HIPAA"). However, to the extent such health and medical information or the use of such is subject to HIPAA, we will keep such information safe and in strict compliance with the provisions of HIPAA. You may find our HIPAA Notice of Privacy Practices at HIPAA Notice of Privacy Practices.

  1. Education Information

If you apply for a job with us, we collect your resume from you. If you work for a company with which we do business, we may capture from you directly or indirectly through shared business documents, information about your credentials, which may include your educational and training history and certifications.

  1. Device Information

During the use of Orka applications, certain hardware parameters of Orka device or product will be collected, this may include, but is not limited to, serial number, product name, and product type.

  1. Geolocation Information

We collect your geolocation data if you grant us access to your location, via GPS signals and device sensors. You can always remove our access using your mobile device settings. We may also derive your approximate location from your IP address.

  1. Usage Information

When you access our website, we receive certain network activity information. This includes information about your interaction with Orka website, for example, when you view or search content, create or log into your account.

We also collect information about the devices and computers you use to access Orka website, this may include, but is not limited to: IP address, browser type, language, and cookie information.

Orka devices or products, if being used, may collect certain usage information if you grant us access to your usage information. This may include but not limited to, hearing aids using time, mode switching frequency and other data regarding how you use Orka devices and products. When your device or product syncs with our applications or software, data recorded on your device is transferred to our servers. You may remove our access using Orka application.

  1. Information We Receive from Third Parties

We may receive user data provided by third parties when we conduct advertising campaign on third party websites and applications (such as Facebook Ads and Google Ads), such data shall be governed by third parties’ privacy policies.

How We Collect Information

Orka might collect information directly from you when you visit, access or use the Services, "register," "sign in," "subscribe", or the like to the Services; when you allow the Services to access, upload, download, import or export content found on or through, or to otherwise interact with, your computer or mobile device (or any other device you may use to visit, access or use the Services) or online accounts with third-party websites, networks, platforms, servers or applications (e.g., your online social media accounts, your cloud drives and servers, your mobile device provider); or whenever Orka asks you for such information, such as, for example, when you process a payment through the Services, or when you answer an online survey or questionnaire. In addition, if you or a third party sends Orka a comment, message or other communication about you or your activities on or through the website and/or the application, then Orka may collect any information provided therein or therewith.

Orka may collect your personal information from our service partners, your audiologists or other health care providers, but solely in connection with providing you with the Services.

Orka may also employ LiveChat for the purpose that you can communicate with our customer service. We may ask you to provide certain personal information during the communication for the purposes of identity verification, investigation of issues and providing solutions, however, we will not use LiveChat to collect your health and medical information.

We may offer publicly accessible blogs, social media pages, advertisement pages, product review pages, or similar forums. We may collect the statements or content (e.g., comments, video, photographs, images) and information about such statements or content, which you submit or publish on or through the platform above. Please be aware that you disclose information about yourself on any public area of the Services or any public sites operated by third parties, such content will be considered "public" and will not be subject to the privacy protections provided in this Privacy Policy.

Our websites and mobile applications may also use passive tracking technologies to capture information about you and your use of our Services.

Cookies

  1. Our Use of Cookies

"Cookies" are pieces of information that may be placed on your computer by a website for the purpose of facilitating and enhancing your communication and interaction with that website. Like many services, we may use cookies and similar tools to remember things about you so that we can provide you with a better experience.

  1. Your Choices

When you first access our website, you may receive a message advising you that cookies are in use. By clicking “I accept”, closing the message, or continuing to use the website, you consent to the use of cookies unless you have disabled them.

Your consent to use can be withdrawn and you can delete or block cookies at any time. To do so, please refer to the instructions provided by your browser. However, you may not be able to use certain features on the website.

  1. Do Not Track

Some browsers have a “do not track” (DNT) feature that allows users to tell websites that they do not want to have their online activities be tracked. California law requires us to tell you whether we respond to the DNT request or not, although it does not require websites to follow such request. Accordingly, we hereby notify you that we do not follow the DNT request at this stage.

How We Use Information

We use the information collected for the following purposes.

  1. Provide and Maintain the Services

Using the information we collect, we are able to deliver the Services to you and honor our Terms of Service contract with you. For example, we need to use your shipping address to deliver your order; our audiologists use the information you provide for diagnosis; our support team give you customer support with the email address and phone number you provide.

  1. Improve, Personalize and Develop the Services

We use the information we collect to improve and personalize the Services and to develop new ones. For example, we use the information to troubleshoot and protect against errors; perform data analysis and testing; conduct research and surveys; and develop new features and Services.

For example, we give you customized hearing aid fitting settings according to your hearing condition. We also use your website and mobile application usage data to improve the use experience.

When you allow us to collect precise hearing aids using information, we use that information to provide and improve features of the Services. For example, we collect hearing duration time and mode switching time to improve the features of hearing aids.

  1. Communicate with You

We use your information when needed to send you service notifications and respond to you when you contact us. We also use your information to promote new features or products that we think you would be interested in. You can control marketing communications and most Service notifications by unsubscribing the marketing emails or by sending us an email.

  1. Promote Safety and Security

We use the information we collect to promote the safety and security of the Services, our users, and other parties. For example, we may use the information to authenticate users, facilitate secure payments, protect against fraud and abuse, respond to a legal request or claim, conduct audits, and enforce our terms and policies.

Disclosure of Information

We do not sell and have not sold any Personal Information in the preceding twelve months. Notwithstanding the fact foregoing, you may have the right to opt out of any sale of your Personal Information. We may disclose your information to third parties in connection with the provision of our Services or as otherwise permitted or required by law.

  1. For External Processing

We transfer information to our corporate affiliates, service providers, and other partners who process it for us, based on our instructions, and in compliance with this policy and any other appropriate confidentiality and security measures. These partners provide us with services globally, including for customer support, information technology, payments, sales, marketing, data analysis, research, and surveys.

We may de-identify your information and disclose such de-identified information for any purpose not prohibited by applicable law.

  1. For Legal Reason

We may preserve or disclose information about you to comply with a law, regulation, legal process, or governmental request; to assert legal rights or defend against legal claims; or to prevent, detect, or investigate illegal activity, fraud, abuse, violations of our terms, or threats to the security of the Services or the physical safety of any person.

Your Rights

You may have the rights described below, with respect to your Personal Information.

  1. Right to Know and Right to Request Information

You have the right to know what Personal Information we collect from you, how we use or disclose it, and whether we have sold your Personal Information. You may request access to your Personal Information collected by us. There may be limitations to the number of times per year you can make these requests.

  1. Right to Request Change or Deletion

You have the right to request that we change or delete your Personal Information. Under certain circumstances we may be unable to delete your Personal Information, for example, to comply with legal obligations, or to complete a business transaction that you have requested.

To exercise the rights above you may:

• E-mail your request to privacy@hiorka.com; or

• Call us toll free at (866) 419-7760 between 7 am to 4 pm, Monday to Friday, Pacific Standard Time.

When you submit a request, we will verify your request and identify. You may designate an authorized agent to make such request by providing a written authorization and by verifying your own identity with us directly. We will deny any requests from agents that do not submit proof of authorization, or if we are unable to verify your identity.

Data Retention

Orka may retain your information for as long as we believe necessary to comply with our legal obligations, resolve disputes and/or enforce agreements; and/or as long as needed to provide you with the Services. Orka may dispose of or delete any such information at any time, except as set forth in any other agreement or document executed by Orka or as required by law.

Data Storage

All of the information that you provide to us will be stored and processed in the United States. While you may access our Services from a location outside of the United States, you agree not to transfer any of your information to us from outside the United States. The laws in the United States may not offer the same degree of privacy protection as the laws in your jurisdiction.

Jurisdictional Issues

Certain Services may only be used within the United States as described in our Terms of Service. Accordingly, this Privacy Policy, and our collection, use, and disclosure of your information, is governed by U.S. Law.

Third Parties

This Privacy Policy does not address or apply to, and we are not responsible for, the privacy, information or other practices of any third parties, including, without limitation, the audiologist organization, the manufacturer of your mobile device, and any other third-party mobile applications or websites to which our Services may contain a link. These third parties may at times gather information from or about you. We do not control and are not responsible for the privacy practices of these third parties. We encourage you to review the privacy policy of each website and application you visit and use.

Protection for Minors

The Services are generally not intended for use by minors (i.e., individuals under the age of 13). We do not knowingly collect any information from minors, nor are the Services directed to minors. Any information that you provide us while using the Services on behalf of your minors will be treated as Personal Information as otherwise provided herein. If a minor has provided us with personal information, we will use all reasonable efforts to delete such information from our database.

Information Security

We work hard to keep your data safe. We use a combination of technical, administrative, and physical controls to maintain the security of your data. This includes using Transport Layer Security (“TLS”) to encrypt many of our Services. Despite the measures we take to protect your data, due to the inherent open nature of the internet, we cannot ensure or warrant the security of any information you transmit to us or any information provided online, and you do so at your own risk. You must accept all risks associated with any data transmission, including the risk that your data may be intercepted in transit. If you have a security-related concern, please contact Customer Support.

Privacy Notice for California Residents

If you are a California resident, please also review our Privacy Notice for California Residents at Privacy Notice for California Residents.

GDPR Privacy Notice

If you are from the European Economic Area (EEA), our legal grounds for collecting, storing, processing or using your Personal Information described in this Privacy Policy depends on the Personal Information we collect and the specific context in which we collect. We may process your Personal Information because:

· You provided your consent. To store and/or gain access to information, we rely on your consent to this Privacy Policy, including the “cookie consent.”

· The processing is in our legitimate interest. In some cases, we rely on legitimate interest as a legal basis for processing Personal Information to provide our and/or other data controllers’ services. For instance, legitimate interests may include the tailoring of promotional communications, providing analysis of and reporting about ad campaigns, maintaining the security of our Services.

· Contractual relationships. Sometimes we process certain information as necessary under a contractual relationship we have.

· Legal obligations. Some processing of information may be necessary for us to comply with our legal or regulatory obligations.

In certain circumstances, you have the following data protection rights:

· The right to access, update or to delete the information we have on you. You can access or update your Personal Information directly within your account settings section. You will need to contact us in order to delete your Personal Information. If you are unable to perform these actions yourself, please contact us to assist you.

· The right of rectification. You have the right to have your information rectified if that information is inaccurate or incomplete.

· The right to object. You have the right to object to our processing of your Personal Information.

· The right of restriction. You have the right to request that we restrict the processing of your Personal Information.

· The right to data portability. You have the right to be provided with a copy of the information we have on you in a structured, machine-readable and commonly used format.

· The right to withdraw consent. You also have the right to withdraw your consent at any time where we relied on your consent to process your Personal Information.

· The right to lodge complaint. You have the right to complain to a data protection authority about our collection and use of your Personal Information. For more information, please contact your local data protection authority in the European Economic Area (EEA).

Please note that we may ask you to verify your identity before responding to such requests.

To exercise your rights under GDPR, please see Your Rights section.

Changes to This Policy

We review this Privacy Policy at reasonable intervals to ensure we remain consistent with the terms set forth herein. We reserve the right, at our discretion, to modify, add, or remove portions from this Privacy Policy at any time. Any new versions will be posted here. We will not notify you about the changes unless we make material changes to this policy. We encourage you to periodically read this Privacy Policy. Your continued use of our Services following the posting of changes constitutes your acceptance of such changes.

Contact Us

If you have questions about this policy, or need help exercising your privacy rights, please contact us at privacy@hiorka.com.

You may also contact us at:

Orka Labs Inc.

125 S Wacker Drive, Suite 300

Chicago, IL 60606

Attn: Privacy Officer