Legal

Sonova Audiological Care New Zealand Ltd, trading as Triton Hearing (“Triton”) recognises the importance of client privacy and supports best practice procedures in the way your personal information is handled by us. By providing your personal information you agree and consent to the collection, use, disclosure, storage and holding of your personal information in accordance with this privacy policy. In this policy, Triton is also referred to with the words “we”, “us” and “our”.

At Triton we are committed to our client’s privacy and security. All our client information is held and disposed of securely.  We will never pass on your personal details to a third party except the necessary information required by providers of products or services you have purchased. This commitment is backed up by the New Zealand Privacy Act 2020 and the requirements of The Health Information Privacy Code, which provides strict parameters in how your personal information can be used.  You have the right to access and update your personal information. To do so please contact us by phone 0800 45 45 43 or email info@tritonhearing.co.nz. 

If you have provided Triton Hearing with your email address or phone number, you consent to us contacting you with relevant offers or information.  You are able to opt out of receiving marketing emails by selecting unsubscribe on the email you have received or with a Triton Hearing representative over the phone.  This will opt you out of emails and calls with offers, but not any clinic correspondence such as appointment confirmations or any other communications allowed under law.

Sonova Audiological Care New Zealand Ltd (trading as Triton Hearing) operates a number of websites and Apps including: www.tritonhearing.co.nz; www.tritonlyric.co.nz, www.tritonstories.co.nz, www.greatbighearingcheck.co.nz, www.tritonhearingbatteries.com, www.shop.tritonhearing.co.nz, www.testmyhearing.co.nz and the Triton Hearing Kiosk self screen test and other promotional websites from time to time. We respect the privacy of our website users and are committed to protecting your security and privacy.

This privacy policy must be read in conjunction with our terms and conditions.

We collect information about you through our websites, apps, and in person in an effort to improve your experience, as well as to communicate with you about our products, services, and promotions.

We may collect personal information from you (including, without limitation, your name, email address, phone number, and postal address) when you access our websites,  register with our websites, complete a hearing test online or via our hearing screening app, place an online order, save your information with us online, contact us with a question or concern, or participate in a promotion.

We receive and collect the name of the domain and host from which you access the Internet; the Internet protocol (IP) address of the computer you are using; the browser software you use and your operating system; the date and time you access our site and your time zone; and any search engine or inbound hyperlink used to reach this website. This information is used only for statistical purposes and in regards to how we may enhance the customer experience.  We collect this information automatically using various technologies, including:

• “Cookies”, which are data firls that are place on your device or computer and often include an anonymous unique identifier.  See below for more about cookies.
• “Log files”, which track actions occurring on our websites and which collect data including your IP address, browser type, internet service provider, referring / exit pages, and date / time stamps.
• “Web beacons”, “tags”, and “pixels”, which are electronic files used to record information about how you browse our websites.
  

Security of personal information is important to us, and we take all reasonable precautions to protect your personal information.

Your personal information may be used for purposes relating to the services and products that we supply, including:

• By our clinicians for the diagnosis and ongoing treatment of your hearing loss
• By our clinic administrators to ensure that you are receiving appropriate hearing healthcare appointments
• By our client contact team to book appointments and to ensure that your telephone enquiry can be dealt with appropriately and in a timely manner
• By our management team in the event of a complaint or for statistical analysis purposes
• To process and fulfil your order, including sending emails to confirm your order status and shipment, along with customary business communications
• To verify your identity and to assist you if you have forgotten your username or password
• To communicate with you and to send you information by phone, email, postal mail or other means about our products, services and promotions, where you agree to receive such information
• To help us learn more about your shopping preferences and personalise the website in accordance with your preferences
• To analyse trends and statistics
• To improve or update the website and our products / services
• To protect the security or integrity of our website and our business
• To respond to your enquiries and communicate with you if necessary

You always have the choice not to receive marketing and promotional information. It is our policy to remove any member from our database or mailing list upon the members’ request. Please contact us if you wish to opt out of receiving communications from Sonova Audiological Care New Zealand Ltd.

Your personal information may be disclosed to third parties for purposes relating to the services and products that we supply, including:

• Third party service providers; specifically when your personal information is required to access funding or for the approval of your insurance claim or for ongoing hearing aid payments.  Such organisations include: ACC, Ministry of Health, War Pensions and insurance companies
• To hearing aid manufacturers (your name only) in the event your hearing aid(s) require repair
• With third parties who provide services on our behalf including logistics / delivery services and credit card payments, who are required to take appropriate security measures to protect your data in line with our policies. We permit them to process your data only for specified purposes and in accordance with our instructions. We do not allow them to use your data for their own purposes. 'Pay As You Hear' credit card transactions are processed through 3rd party payment software called Chargebee. Chargebee is PCI Level 1 compliant as a merchant service provider which meets and exceeds all industry-standard payment security practices
• Your personal may be included in systems provided by our parent company.  This means it may be accessible to related companies in Switzerland and other countries in the European Union.  These companies are subject to privacy laws that are comparable to the Privacy Act 2020.   

• Third party software and IT infrastructure organisations for the development of our IT systems and processes
• Government funding bodies for the purposes of statistical analysis
• Universities and registered research organisations for the improvement of hearing healthcare treatment

Our websites use "cookies," which are small data files that are stored on your computer when you visit a website. Cookies may be used in a variety of ways to enhance or personalize your online browsing and shopping experience. Cookies may be used to personalise your visits to this website, eliminate the need for you to repeatedly enter the same information, enable us to improve the content, reliability and functionality of this website, evaluate the effectiveness of the advertising on this website and track website usage patterns. Accepting a cookie will not give us access to any data on your computer other than the data stored in the cookie. Although you may configure your web browser to not accept cookies, you may experience a loss of functionality as a result.

When you click on links and banners on our site that take you to third party web sites, you will be subject to the third party's privacy policies. While we support the protection of privacy on the Internet, Triton Hearing cannot be responsible for the actions of any third-party web sites.

You have the right to access the personal information that we hold about You and to request correction of that information.  To do so, please email this address info@tritonhearing.co.nz 

We reserve the right to change this privacy policy from time to time by publishing the revised privacy policy on our websites. We encourage you to check this policy regularly for any modifications or updates. Your continued use of our Services after any changes have been posted on our Website indicates your acceptance of those changes.

If you have any questions regarding our privacy policy or any other matter, please contact us:

0800 45 45 43 or info@tritonhearing.co.nz 

Lyric is a revolutionary product only offered in New Zealand by Sonova Audiological Care NZ Ltd (trading as Triton Hearing).  

Only specialised Triton Hearing audiologists or audiometrists, known as Lyric Specialists, are qualified to insert, maintain, and remove the Lyric device(s).

You will receive ‘EXTENDED WEAR HEARING’ with Lyric for the duration of your subscription. This service includes:

a) Use of Lyric device(s), which will be fitted and programmed by a Lyric Specialist.  On average Lyric device(s) will last for 12 weeks.  You will receive replacement Lyric device(s) on a regular basis.

b) Free use of the Lyric device(s) for a trial period for the first 90 days from the date of initial fitting.

c) Membership price guarantee for 36 months, during which time your subscription price will not increase. 

d) Access to Lyric’s worldwide supplier network to support any Lyric requirements during overseas travel (please contact your Lyric Specialist in advance of your departure).

e) At each new fitting, you will receive the latest generation Lyric device(s) currently available with no additional payment.

f) Programming of Lyric device(s).

g) Necessary follow-up service and Lyric hearing device replacements, excluding medical procedures (e.g ear examining or earwax removal).

h) Lyric kit: including the Lyric User Guide, one SoundLync adjustment tool, and two Lyric device removal trays.

a) You must use the Lyric devices in accordance with the usage instructions in the Lyric User Guide (enclosed).

b) You must notify us as soon as possible of any defect or issue with your Lyric device(s) and, if required, attend at an appointment with a Lyric Specialist to have any defect or issue resolved.

c) Incorrect fitting, adjustment, or removal of Lyric device(s) could result in harm.  Except in case of emergency, you must not let anyone other than a Lyric Specialist remove, fit, or adjust the Lyric device(s), and you must attend all appointments solely with Triton Hearing as required in your Membership Agreement.

d) The Lyric device(s) are supplied for your use only, and you must not offer, supply, transfer, or sell the devices to any other person.

e) The free trial period end date is the date that is 90 days after the initial fitting of your Lyric device(s) – as set out in your Membership Agreement.  There is no obligation to continue the subscription after the trial period end date.  If you do not wish to proceed with the subscription, you must return to a Lyric Specialist to have the device(s) removed and return all accessories included in the Lyric Kit before the end of the trial period.  We will not charge you any subscription fees for device(s) returned on or before the trial period end date.  If the device(s) are not returned before the end of the trial period, you will be deemed to have agreed to continue with the subscription and charges will commence from the day after the trial period end date.

f) The subscription fee must be paid monthly in advance.    Your first payment will be automatically deducted from your nominated payment method the day after the trial period end date.  We will continue to automatically charge you every month after that until you cancel your subscription in accordance with clause 3.

g) You will not receive an exchange of your Lyric device(s) until any unpaid charges are paid.

a) You can cancel you Lyric membership at any time.  If you cancel and return the devices in the 90-day free trial period, no charges will apply.  If you cancel after the trial period, any remaining direct debit payments will be ceased within two business days of your returning to have the Lyric devices removed. 

b) All cancellations and returns will require a final appointment with a Lyric Specialist to ensure the safe removal and return of all Lyric device(s) and accessories included in the Lyric Kit.

c) We will notify you if we cannot charge your nominated payment method and may cancel your subscription if payment is not made when due.  Upon cancellation we will arrange for the Lyric device(s) to be removed at a mutually convenient time.

d) You will be liable for the subscription charges until the date the Lyric device(s) and accessories are returned.

e) If you cancel after the 90-day trial period, we will provide a refund of any subscription monies paid in advance in the current month, calculated as at the date the Lyric device(s) are returned.

f) All refunds will be processed within 14 working days of the device(s) being returned to us.

a) Triton Hearing remains the owner of the Lyric devices(s) and the accessories included in the Lyric Kit.

b) All follow up appointments, replacements, repairs, and maintenance in relation to the Lyric device(s) must be completed by a Lyric Specialist.  You will be liable for any damage or loss caused as a result of appointments, repairs, or maintenance in relation to the device(s) being completed by you or any other party, and you release Triton Hearing from any such liability.

c) You are responsible for the safe custody and care of the device(s) and any other related products and accessories.  You will be liable for the costs of any repair or replacement of your device(s) required as a result of loss of the device(s) or damage that is not fair wear and tear and/or an inherent defect.  If the expected useable life of any device is reduced as a result of loss or damage for which you are liable, you may be required to pay a sum equivalent to the subscription fee for the lost period of use of the device(s).

d) Nothing in this Membership Agreement limits or excludes Triton Hearing’s liability to you under the Consumer Guarantees Act 1993.

e) Except to the extent required by law:

• Triton Hearing will have no liability to you, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, for any loss of profit, loss of opportunity, increased costs, or any indirect or consequential loss arising under or in connection with this agreement or the products supplied under it.
• Triton Hearing’s total liability to you in respect of all losses arising under or in connection with this agreement and the products supplied under it, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall not exceed the membership subscription paid by you over the prior 12 month period.

a) We reserve the right to change the subscription price at any time after the expiry of the price guarantee referred to in clause 1(c).  We will provide not less than one month’s prior notice of any price increase.

b) We may amend these terms and conditions at any time and will provide you not less than one month’s prior notice.

c) The terms of this agreement set out the whole agreement between you and Triton Hearing.

a) You have checked that the details in this agreement are complete and accurate before you have committed yourself to the agreement.

b) You have read and understood these terms before you have signed this agreement and accept that you are bound by its terms once the agreement commences.

c) You will use Lyric in compliance with the instructions set out in the Lyric User Guide.

d) You agree to providing accurate and complete personal information.  We take your privacy seriously and will only deal with your personal information in accordance with the Privacy Act 2020 (or any subsequent act).  Our Privacy Policy is available on our website.

e) You have the right to view and change any personal information we hold about you at any time.  If you wish to do so, please contact us in one of the ways set out in clause 6.

f) We may share your data with third parties who provide services on our behalf, who are required to take appropriate security measures to protect your data in line with our policies. We permit them to process your data only for specified purposes and in accordance with our instructions. We do not allow them to use your data for their own purposes. Credit card transactions are processed through 3rd party payment software that are PCI-DSS Level 1 compliant and all merchant service providers meet and exceed all industry-standard payment security practices.

g) Triton Hearing is an Audiological Care brand for Sonova AG. As such we adhere to both New Zealand and global regulatory policies which are available to view on our website.

Triton Hearing promotes excellence in hearing care for all New Zealanders. If you feel you have received unsatisfactory service, or that your audiologist or audiometrist has acted in an unprofessional or unethical manner, you can submit a formal complaint.  If you are unable to do so yourself, a family member or support person can act on your behalf.

To give us feedback, please get in touch in one of the following ways:

Call: 0800 45 45 42

Email: info@tritonhearing.co.nz

Mail: Triton Hearing, PO BOX 14096, Christchurch 8145.

If at any time you feel your complaint has not been adequately addressed, you are entitled to approach the Health and Disability Commission to discuss your concerns.