Privacy Policy

1. About TellyHear

TellyHear is operated by Tellyhear By Lachlan Smith Pty Ltd (“TellyHear”, “we”, “us” or “our”), an Australian private company based in Victoria, Australia.

ABN: 59 700 760 185
ACN: 700 760 185
Website: tellyhear.com.au
Email: admin@tellyhear.com.au
Location: Moonee Ponds VIC 3039, Australia

TellyHear provides hearing aids and associated hearing-related services to adults in Australia.

Our services may include the online sale of hearing aids and accessories, hearing aid programming and configuration by an audiologist, remote hearing support, telehealth or online consultations, follow-up adjustments, warranty and repair assistance and other hearing-related services.

We recognise that some of the information we handle is health information and therefore requires a higher level of privacy protection.

We handle personal information in accordance with the Privacy Act 1988 (Cth), the Australian Privacy Principles (“APPs”) and, where applicable, the Health Records Act 2001 (Vic) and Victorian Health Privacy Principles.

2. Scope of this Privacy Policy

This Privacy Policy explains how TellyHear collects, holds, uses, discloses and protects personal information.

It applies when you:

• visit tellyhear.com.au
• browse or purchase our products
• create an account
• submit an enquiry
• provide information about your hearing
• upload an audiogram, photograph or other document
• communicate with us
• receive hearing-related or audiology services
• participate in a remote consultation
• request support, adjustments, repairs or warranty assistance
• otherwise interact with TellyHear.

Additional privacy notices or consent statements may be presented at the point where particular information is collected.

Those notices should be read together with this Privacy Policy.

3. Adults only

TellyHear’s products and hearing services are intended for persons aged 18 years and over.

We do not knowingly provide our hearing services to, or intentionally collect health information directly from, persons under 18.

If we become aware that we have inadvertently collected personal or health information relating to a person under 18 in circumstances where we should not have done so, we will take reasonable steps to deal with that information appropriately and in accordance with applicable law.

4. Personal information we may collect

The information we collect depends on how you interact with TellyHear.

We may collect information including:

• full name
• date of birth
• email address
• telephone number
• residential address
• billing address
• delivery address
• account information
• order information
• hearing aids and accessories purchased or considered
• transaction information
• payment status
• shipping and delivery information
• warranty information
• repair information
• return and refund information
• product preferences
• consultation and appointment information
• customer service communications
• correspondence with us
• records of complaints or enquiries
• information submitted through forms
• information reasonably required to verify an order or prevent fraud.

We may collect other personal information where reasonably necessary to provide our products and services or operate our business.

5. Health and sensitive information

Health information is sensitive information under Australian privacy law.

Because TellyHear provides hearing-related services, we may collect a broad range of health information where reasonably necessary to provide those services.

This may include:

• audiograms
• hearing test results
• information about hearing loss
• hearing difficulties and symptoms
• hearing history
• relevant medical history
• previous or current hearing aids
• hearing aid settings
• programming and fitting information
• hearing aid usage information
• clinical notes
• consultation notes
• information provided during telephone, video or online consultations
• information supplied by an audiologist or healthcare professional
• referral information
• relevant medications or medical conditions where disclosed to us
• photographs of your ears, head or surrounding areas where relevant to hearing aid fitting or another service
• documents uploaded to our website
• information relevant to hearing aid suitability, fitting, programming, adjustments or support
• any other health information you choose to provide to us.

We generally collect sensitive information where:

• you have consented to its collection and the information is reasonably necessary for our functions or activities
• collection is reasonably necessary to provide an appropriate health service and is otherwise permitted by law
• collection is required or authorised by law
• another exception under applicable privacy legislation applies.

We may seek express consent through a checkbox, online consent process, written form, verbal consent or another appropriate method.

If you do not provide health information that is reasonably required to provide a particular service, we may be unable to properly program or configure your hearing aids or provide the relevant hearing-related service.

6. How we collect information

Where reasonably practicable, we collect personal information directly from you.

This may occur when you:

• use our website
• make a purchase
• create an account
• complete a form
• upload an audiogram or other health information
• upload an image
• contact us
• send us an email
• speak with us
• book or attend a consultation
• communicate with our audiologist
• request support
• request a hearing aid adjustment
• return a product
• make a warranty claim
• provide feedback.

We may also receive information from third parties where appropriate.

These may include:

• our audiologist
• the audiology practice through which our audiologist provides clinical services
• another healthcare professional
• a person authorised to act on your behalf
• a hearing aid manufacturer or distributor
• payment providers
• shipping and courier providers
• technology providers
• fraud-prevention services
• other organisations involved in providing a service requested by you.

If you provide us with information about another person, you should have their authority to do so.

7. Privacy notices at the point of collection

This Privacy Policy describes TellyHear’s general information-handling practices.

Where appropriate or required by law, we may provide an additional privacy notice at or before the time personal information is collected.

For example, additional information may be provided when you:

• upload an audiogram
• submit health information
• upload photographs
• participate in an audiology consultation
• complete a hearing questionnaire
• create an account
• submit a contact form
• make a purchase.

A short privacy notice may explain why particular information is being collected, who it may be disclosed to and what may happen if you do not provide it.

8. How we use personal information

We may use personal information to:

• process purchases
• process payments
• verify transactions
• fulfil orders
• deliver products
• communicate about an order
• assess hearing-related requirements
• program and configure hearing aids
• provide audiology services
• provide remote hearing support
• provide hearing aid adjustments
• conduct consultations
• maintain customer records
• maintain relevant health records
• arrange repairs
• administer warranties
• process returns and refunds
• communicate with manufacturers and distributors
• respond to questions
• resolve complaints
• provide customer service
• manage our website
• maintain accounts
• protect our systems
• prevent fraud and misuse
• improve our products and services
• analyse business performance
• conduct administrative and accounting activities
• meet legal and regulatory obligations
• establish, exercise or defend legal rights.

Health information will generally only be used for the purpose for which it was collected or another directly related purpose that you would reasonably expect, or otherwise where consent or law permits the use.

9. Our audiologist and separate clinical records

TellyHear works with Lachlan Smith, who provides audiology and hearing-related services in connection with TellyHear.

Lachlan also operates through or is associated with a separate audiology practice.

To provide hearing-related services to you, TellyHear may disclose relevant personal and health information to Lachlan and the audiology practice through which he provides clinical services.

This may include:

• your identity and contact details
• audiograms
• hearing test results
• hearing history
• photographs
• hearing aid information
• fitting information
• programming information
• consultation information
• other health information reasonably required to provide the service.

Lachlan or the separate audiology practice may create and maintain a clinical record in their own clinical record-management system.

Where a clinical record is held independently by the separate audiology practice rather than by TellyHear, that organisation may have its own obligations under Australian privacy and health-record legislation and may have its own privacy policy.

TellyHear remains responsible for personal information that it holds and for its handling and disclosure of information in accordance with applicable law.

Where information is held only by the separate audiology practice, a request concerning that particular clinical record may need to be directed to that practice.

We may assist you in identifying the appropriate organisation where reasonably practicable.

10. Hearing aid programming

Hearing aids purchased through TellyHear may be programmed, configured, adjusted or otherwise prepared by Lachlan or another appropriately qualified or authorised person.

Relevant information may be used for:

• initial programming
• configuration
• fitting
• subsequent adjustments
• troubleshooting
• remote support
• repairs
• manufacturer support
• warranty claims
• replacement devices
• continuity of hearing care.

We seek to limit access to health information to persons who reasonably require it to provide the relevant service.

11. Online and remote support

TellyHear may provide support through:

• telephone
• email
• video conferencing
• online messaging
• remote hearing aid technology
• other communication platforms.

Information provided during these interactions may form part of your customer or clinical record where relevant.

We will not intentionally make an audio or video recording of a consultation without notifying you and obtaining any consent required by law.

Third-party communications providers may process information required to provide these services.

12. Payments and Stripe

TellyHear uses Stripe to process payments.

When you make a payment, Stripe may collect and process information including:

• card or payment information
• billing information
• transaction information
• fraud-prevention information
• device or network information.

Where your payment details are entered directly into Stripe’s systems, TellyHear generally does not need to receive or store your complete payment card number.

TellyHear may retain information including:

• the amount paid
• payment status
• Stripe transaction or customer identifiers
• refunds
• disputes
• information required for accounting and order administration.

Stripe processes information in accordance with its own privacy, security and contractual arrangements.

13. Email and communications providers

We currently use services provided by Google, including Gmail, for business email and communications.

Information contained in communications with us may therefore be processed using Google’s systems.

We may also use other email, SMS, communications, customer-support, CRM, appointment, telehealth or business software providers from time to time.

Third-party providers generally operate their services subject to their own privacy policies, security practices and contractual terms.

Our use of a third-party provider does not exclude or reduce any obligation TellyHear has under applicable Australian privacy law.

14. Other service providers

We rely on third-party technology and professional service providers to operate our business.

These may include:

• payment providers
• hosting providers
• database providers
• website infrastructure providers
• cloud-computing services
• analytics platforms
• advertising platforms
• email providers
• SMS providers
• telecommunications providers
• video-conferencing services
• customer relationship management systems
• customer-support software
• cybersecurity providers
• accountants
• lawyers
• insurers
• couriers
• logistics providers
• hearing aid manufacturers
• hearing aid distributors
• repair providers.

We may provide these organisations with personal information where reasonably necessary for them to provide services to us or to you.

We seek to use reputable providers and take reasonable steps appropriate to the circumstances when engaging third parties that handle personal information.

A third-party provider may also independently collect information from you and handle that information under its own privacy policy.

No third-party system or internet-based service can be guaranteed to be completely secure.

Nothing in this Privacy Policy excludes or limits any obligation or liability of TellyHear that cannot lawfully be excluded.

15. Website information collected automatically

When you use tellyhear.com.au, we or our technology providers may automatically collect information including:

• IP address
• approximate location
• browser type
• operating system
• device type
• screen or device characteristics
• referral source
• pages viewed
• products viewed
• time spent on pages
• links clicked
• navigation activity
• website searches
• shopping cart activity
• interactions with website features
• date and time of access
• advertising or device identifiers
• other technical and usage information.

We may use this information for website functionality, cybersecurity, analytics, marketing, advertising, fraud prevention and improving our website.

16. Cookies, pixels and tracking technologies

TellyHear uses or may use cookies, pixels, tags, scripts and similar tracking technologies.

These technologies may include services provided by major analytics and advertising platforms such as:

• Google
• Meta, including Facebook and Instagram technologies
• TikTok
• Microsoft
• LinkedIn
• other analytics, advertising and marketing providers.

The specific providers and technologies we use may change over time.

These technologies may collect information such as:

• your IP address
• browser and device information
• advertising identifiers
• webpages viewed
• URLs
• buttons clicked
• searches
• products viewed
• products added to a cart
• purchases
• referral information
• dates and times
• interactions with advertisements or our website.

Some of this information may be disclosed to or collected directly by third-party platforms.

17. Health information and tracking technologies

TellyHear recognises that activity on a hearing-health website can potentially reveal or allow an inference to be made about an individual’s health.

We therefore seek to configure tracking and advertising technologies in a manner appropriate to the sensitivity of our services.

We do not intend for advertising platforms to receive clinical documents or the contents of information such as:

• audiograms
• clinical notes
• uploaded health records
• medical history
• detailed hearing questionnaire responses
• consultation notes
• other clinical documentation.

We may restrict or disable tracking technologies on pages that contain particularly sensitive health information.

Where the collection or disclosure of sensitive information through a tracking technology requires consent under applicable privacy law, we will seek the required consent before the relevant collection or disclosure occurs.

You may be provided with controls to accept or reject non-essential tracking technologies.

18. Analytics

We may use analytics services to understand how people use TellyHear’s website.

Analytics information may help us:

• understand visitor numbers
• identify popular pages
• assess website performance
• diagnose problems
• understand marketing effectiveness
• improve navigation and functionality.

Analytics providers may receive technical or usage information associated with your device or browser.

19. Advertising

We may advertise TellyHear through search engines, social media platforms and other digital channels.

Advertising technologies may be used to:

• measure campaign performance
• understand whether an advertisement resulted in a website visit
• attribute purchases or enquiries to advertising
• build advertising audiences where lawful
• provide relevant advertising.

We will not intentionally provide copies of your clinical records, audiograms or detailed health information to advertising providers for targeted advertising.

20. Managing cookies and tracking preferences

Where available, you may manage non-essential website technologies using the privacy or cookie controls displayed on our website.

You may also be able to restrict cookies and other technologies using your browser, device or advertising-platform settings.

Disabling certain technologies may affect website functionality.

21. Direct marketing

We may send you information about TellyHear products, hearing technology, promotions and services where we have consent or another lawful basis to do so.

Marketing may be sent through channels including email or SMS.

Where required by law, marketing communications will:

• identify TellyHear
• contain appropriate contact details
• provide a functional method of unsubscribing.

You may withdraw from marketing communications at any time.

We will process electronic-marketing unsubscribe requests within the timeframe required by Australian law.

Opting out of marketing does not prevent us from contacting you about non-marketing matters relevant to products or services you have requested.

These may include:

• order confirmations
• payment information
• shipping notifications
• appointment communications
• hearing aid programming
• product safety information
• recalls
• warranty matters
• repairs
• invoices
• important customer-service communications.

22. Disclosure to hearing aid manufacturers and distributors

We may disclose information to hearing aid manufacturers, distributors and authorised service or repair providers where reasonably necessary to:

• order products
• configure devices
• provide technical support
• register warranties
• investigate faults
• arrange repairs
• process replacements
• manage recalls
• resolve product issues.

We seek to limit disclosures to information reasonably necessary for the relevant purpose.

23. Overseas processing and disclosure

TellyHear uses technology and service providers that operate internationally.

Personal information may therefore be processed, stored or accessed outside Australia.

Depending on the services being used, overseas locations may include:

• the United States
• Singapore
• Malaysia
• other countries in which our service providers or their subcontractors operate.

Some providers operate global infrastructure and the precise location in which information is processed may vary.

Where the Australian Privacy Principles impose requirements relating to an overseas disclosure, TellyHear will take reasonable steps required by those principles unless an applicable exception applies.

We may update this section as our service-provider arrangements change.

24. Security

TellyHear takes reasonable steps to protect personal and health information from:

• misuse
• interference
• loss
• unauthorised access
• unauthorised modification
• unauthorised disclosure.

Measures may include:

• access controls
• authentication
• encryption where appropriate
• reputable hosting and technology providers
• restrictions on access to clinical information
• cybersecurity protections
• backups
• secure payment processing
• confidentiality obligations
• staff and contractor controls
• incident-response procedures.

The nature of internet and cloud-based systems means that absolute security cannot be guaranteed.

Where a third-party provider experiences a security incident, we will take steps appropriate to our obligations and the circumstances, including working with the provider and assessing whether notification obligations arise.

25. Data breaches

TellyHear maintains processes for responding to suspected and confirmed privacy and security incidents.

Where personal information is subject to unauthorised access, unauthorised disclosure or loss, we may:

• investigate the incident
• seek to contain it
• assess the information involved
• assess the likelihood of harm
• take remedial action
• work with affected service providers
• notify relevant parties where required.

Where an incident constitutes an eligible data breach under the Notifiable Data Breaches scheme, we will notify affected individuals and the Office of the Australian Information Commissioner where required by law.

26. Retention of health information

Health information will be retained for periods required by applicable health-record legislation.

Where Victorian health-record retention requirements apply to a health service provider, health information relating to an adult will generally not be deleted until more than 7 years after the last occasion on which a health service was provided, subject to any longer period required by law.

Different requirements may apply to particular records or healthcare providers.

Health records maintained separately by Lachlan or the audiology practice through which he operates may be retained and managed by that organisation in accordance with its own legal and professional obligations.

27. Retention of other information

Other information may be retained for as long as reasonably required for:

• fulfilling orders
• maintaining accounts
• warranties
• repairs
• customer support
• accounting
• taxation
• dispute resolution
• fraud prevention
• regulatory obligations
• legal claims.

Where TellyHear no longer requires personal information and is not legally required or authorised to retain it, we will take reasonable steps to destroy or de-identify it as required by applicable law.

28. Access to your information

You may request access to personal information TellyHear holds about you.

Requests can be made to:

admin@tellyhear.com.au

We may ask you to verify your identity before providing access.

Access may be provided by electronic copy, inspection, summary or another appropriate method depending on the circumstances.

In some circumstances we may be entitled or required to refuse access to some information.

Where required by law, we will explain the reason for refusal.

If the information you seek forms part of a clinical record held independently by Lachlan’s separate audiology practice rather than TellyHear, we may direct you to that provider.

29. Correction of information

You may ask us to correct personal information you believe is:

• inaccurate
• incomplete
• out of date
• irrelevant
• misleading.

Requests can be sent to admin@tellyhear.com.au.

We may verify your identity before processing a correction request.

Health information may need to be corrected by adding a notation, amendment or supplementary record rather than deleting or rewriting the original clinical record where applicable law requires the original record to be retained.

30. Transfer of health information

Where applicable law gives you a right to request that health information be provided to another healthcare provider, we will deal with that request in accordance with applicable requirements.

Where the information is held independently by another audiology practice, you may need to make the request directly to that provider.

31. Anonymous browsing

You can generally browse publicly accessible areas of tellyhear.com.au without directly providing your name.

However, it is generally not practicable to remain anonymous when you:

• purchase a product
• arrange delivery
• make a payment
• submit health information
• obtain personalised hearing aid programming
• receive audiology services
• request personalised customer support.

32. Information about another adult

You may provide information on behalf of another adult where you are properly authorised to do so.

If health information relates to another person, we may ask for confirmation that they have authorised you to provide or access that information.

We may refuse to disclose health information to another person if we cannot establish appropriate authority.

33. Government identifiers and funding information

Where relevant to a service requested by you, we may collect information associated with health insurance, government programs, disability programs or other funding arrangements.

We will only use or disclose government identifiers in circumstances permitted by applicable law.

34. Third-party websites

Our website may contain links to websites operated by other organisations.

Third-party websites are governed by their own privacy policies, terms and security practices.

TellyHear does not control those websites merely because a link appears on our website.

You should review the relevant third party’s privacy information before providing information directly to them.

35. Complaints

If you believe TellyHear has not appropriately handled your personal or health information, please contact us first so that we can investigate.

Privacy Officer
Tellyhear By Lachlan Smith Pty Ltd
admin@tellyhear.com.au
Moonee Ponds VIC 3039, Australia

Please provide enough information for us to understand your concern.

We will investigate privacy complaints and seek to respond within a reasonable period.

If you are not satisfied with our response, you may be entitled to complain to the Office of the Australian Information Commissioner (OAIC).

Where the matter concerns health information regulated by Victorian health privacy legislation, you may also be entitled to contact the Victorian Health Complaints Commissioner.

36. Changes to this Privacy Policy

We may update this Privacy Policy from time to time to reflect changes to:

• our services
• technology
• service providers
• data practices
• business operations
• legal obligations.

The current version will be published at tellyhear.com.au.

The effective date at the beginning of this Privacy Policy will be updated when the Policy is materially changed.

37. Contact details

For privacy questions, access or correction requests or privacy complaints, contact:

Privacy Officer
Tellyhear By Lachlan Smith Pty Ltd
ABN 59 700 760 185
ACN 700 760 185

Website: tellyhear.com.au
Email: admin@tellyhear.com.au
Location: Moonee Ponds VIC 3039, Australia