Consumer Health Data Privacy Policy

Last Modified: February 22, 2026

Introduction

This Consumer Health Data Privacy Policy (this “Policy”) describes the practices of Legato Audio, Inc. (“Company” or “We”) for collecting and using Consumer Health Data. As used in this Policy, “you” are an individual user of one of our Properties (as defined below) acting in an individual or household context (and not in an employment or other professional capacity). For the purposes of this Policy, “Consumer Health Data” is any data that is linked or reasonably linkable to a specific individual and that identifies that individual’s past, present, or future physical or mental health status.

Notwithstanding the foregoing, Consumer Health Data does not include, and this Policy does not apply to our collection and processing of, any information that meets the definition of protected health information for purposes of the U.S. Health Insurance Portability and Accountability Act of 1996 (“PHI”). To the extent we collect any PHI about you, we will use and disclose such information only in accordance with the terms of our business associate agreement with the covered entity on whose behalf we are processing such PHI. Furthermore, this Policy does not apply to our collection and processing of any other categories of personally identifiable data that do not constitute Consumer Health Data. For information regarding our practices for collecting and using such categories of personal information, please visit our general Privacy Policy.

This Policy applies to our collection of Consumer Health Data: (1) through our primary public-facing website at www.legatohearing.com, as well as any successor or subdomains thereof and any other website where we post this Policy (collectively, our “Website”); (2) through any mobile applications we offer for download and use on your mobile device (collectively, our “Application”); (3) through our hearing screening test provided on our Website (the “Hearing Screener Test”); (4) through any of our other sites, products, applications, or services that directly incorporate this Policy (collectively with the Website, Application, and Hearing Screener Test, our “Properties”); and (5) in connection any conversations you have by email, telephone, text messaging, or other means with our customer experience team. This Policy does not apply to any other information we collect by any other means, including information we collect on a strictly anonymized and deidentified basis through our hearing screening test and product demonstration tools we make available at eye care clinics and other partner retail locations.

Please read this Policy carefully to understand our policies and practices regarding your Consumer Health Data and how we will treat it. If you do not agree with our policies and practices, you should not use the Properties or otherwise provide us with your Consumer Health Data.

Consumer Health Data We May Collect About You

We collect and use different categories of Consumer Health Data from and about you, including:

  • Information about your health conditions, treatment, diseases, or diagnoses, including your vision prescription and related information contained in any vision prescription form you provide to us; your over-the-counter lens preferences (including any reading boost you require); your pupillary distance measurement; the results of your hearing health test administered through our Hearing Screener Test; and any other such information you provide to us, including as part of your interactions with our customer experience team.
  • Information concerning the results of your diagnostic testing or your treatment or medication records, including any such information included as part of your vision prescription or collected in connection with your use of the Hearing Screener Test;
  • Information about your social, psychological, behavioral, or medical interventions, to the extent any such information is included in your vision prescription or provided to us in connection with your interactions with our customer experience team;
  • Information about your health-related surgeries and procedures, to the extent you provide such information as part of your interactions with our customer experience team;
  • Records of your bodily functions, vital signs, symptoms, or measurements of physical or mental health status, including your vision prescription and related information contained in any vision prescription form you provide to us; your over-the-counter lens preferences (including any reading boost you require); images of and measurements of your facial dimensions used to calculate your pupillary distance (PD); the result of your hearing health test administered through our Hearing Screener Test; any data associated with your usage of our hearing eyeglasses or related products or services maintained in personally-identifiable form; and any other such information you provide to us, including as part of your interactions with our customer experience team.
  • Any other data you provide to us (or any data that we collect from you automatically as you navigate through or interact with our Properties) that, because of the context in which the data is provided, identifies you as a consumer seeking health care products or services, including any such information listed in the Section of the general Privacy Policy labeled “Information We Collect About You and How We Collect It.”
  • Any inferences derived, extrapolated, or inferred from non-health information that we use to associate and/or identify you with the above categories of Consumer Health Data.

We may use each of these categories of Consumer Health Data for the following purposes:

  • Fulfilling the purposes for which you provided the data or that were described to you when it was collected.
  • Performing the services or providing the goods that you request from us and responding to your questions or requests for information.
  • Facilitating the performance, security, and integrity of our Properties and our business, including:
    • undertaking activities to prevent, detect, and investigate security incidents that compromise the availability, authenticity, integrity, or confidentiality of stored or transmitted Consumer Health Data or that otherwise threaten to compromise the performance, security, or integrity of our Properties or our business; and
    • performing identity verification and authorization, site and application optimization, and quality control activities.
  • Internal recordkeeping and auditing.
  • Complying with our legal obligations and for risk management, auditing, investigations, reporting, and other legal and compliance reasons.
  • Administering customer accounts and preferences on our Properties.
  • Our internal research and analysis purposes and to support our product or service design and development activities.
  • Delivering non-personalized advertising to you and measuring or understanding the effectiveness of non-personalized advertising.
  • Delivering personalized advertising to you based on your particular health characteristics and measuring or understanding the effectiveness of our personalized advertising (including, without limitation, delivering tailored messaging and promotional materials to you based on the results of your Hearing Screener Test.

Consumer Health Data Sources

We collect Consumer Health Data from the following sources:

  • Directly from you, including when you submit it or provide it to us in connection with:
    • evaluating our products or services or furnishing information we require to provide our products or services (including by inputting or uploading your lens prescription information to our Website or Application or customizing your product settings on our Website or Application);
    • creating an account on our Website or Application;
    • using one or more of the services we make available to you in connection with our properties (including the Hearing Screener Test and any other tools we offer to aid in developing and customizing the products we provide to you, such as our online tools for measuring your pupillary distance);
    • requesting additional information from us about our products or services; and
    • requesting support related to your use of our products or services or our Properties (including during the course of your interactions with our customer experience team).
  • Your device when you visit or interact with our Properties, including through cookies, web beacons, and similar technologies that automatically send us information when you browse, use, visit, or otherwise interact with our Properties.
  • Your authorized/legal representatives, family members, and caregivers who contact us on your behalf to provide information about you to us.
  • Your health care providers in certain limited situations (including to obtain your vision prescription information or other information required to provide the products or services you request from us); provided that we will only initiate such requests pursuant to your express authorization in a separately executed power of attorney or similar agreement between you and us.
  • Our service providers who collect information on our behalf for the purposes set forth in this Policy.

Consumer Health Data Disclosures

We currently do not sell Consumer Health Data and will not sell such data in the future without first obtaining your valid written authorization.

We may disclose any of the Consumer Health Data categories listed above to our affiliates or to any processors, service providers, and contractors that help us provide our products and services to you (or such processors, service provider, and contractors may collect such Consumer Health Data from you on our behalf). These include processors, service providers, and contractors that support the design, development, maintenance, and hosting of our Properties; our processing of payments through the Properties; our product demonstration, design, and customization efforts; our product development and manufacturing activities; our product returns and repairs procedures; and our order shipment, logistics, and fulfillment processes.

We may also disclose your Consumer Health Data to additional third parties as follows:

  • If you choose to complete a Hearing Screener Test administered at the offices of one of your health care providers, we may disclose the results obtained from such Hearing Screener Test to your health care provider to facilitate the provision of health care services to you.
  • We may disclose the results of your Hearing Screener Test to certain email marketing vendors or similar customer relationship management vendors to deliver tailored messaging and promotional materials to you based on the results of your Hearing Screener Test and to measure and understand the effectiveness of such personalized advertising.
  • We may disclose (or such third parties may collect on our behalf) information identifying you as a consumer seeking health care products or services to marketing providers and customer relationship management vendors for the purposes of delivering targeted and non-targeted advertising to you about our products and services, and to measure and understand the effectiveness of such non-personalized advertising.
  • We may disclose (or such third parties may collect on our behalf) all Consumer Health Data for our internal research and analytics purposes and to support our product or service design and development activities.

We instruct each of the processors, service providers, contractors, and third parties to whom we disclose Consumer Health Data (or who collect Consumer Health Data on our behalf) to only use Consumer Health Data as permitted by this Policy and our contracts with them and otherwise in accordance with applicable law.

We may also disclose Consumer Health Data as permitted by applicable law, including:

  • To prevent, detect, protect from, or respond to security incidents, identity theft, fraud, harassment, or malicious or deceptive activities.
  • To our affiliates or to a third party acquiring our assets if the Company sells its business or otherwise is part of a merger, acquisition, bankruptcy, or other transaction involving a third party taking control of our assets or business, including in connection with any due diligence activities undertaken as part of any such proposed transaction.
  • To investigate, report, or take legal action to protect our rights, property, and safety and the rights, property, and safety of others.
  • To protect your or others’ vital interests, including health and safety.

Your Privacy Rights

You have specific rights with respect to your Consumer Health Data. In particular, you have the right to:

  • Request confirmation that we collect, share, or sell your Consumer Health Data. Note, however, that we do not sell any of your Consumer Health Data.
  • Request access to your Consumer Health Data that we have collected or control, including:
    • a list of all third parties and affiliates with whom we have shared or sold your Consumer Health Data; and
    • the email addresses or other online methods you can use to contact those third parties and affiliates.
  • Withdraw your consent for our collection and sharing of your Consumer Health Data.
  • Request that we delete your Consumer Health Data.

To exercise any of the rights listed above, you may submit a request to us at support@legatohearing.com (a “Consumer Rights Request”). We may require you to provide certain information to authenticate your identity in connection with your Consumer Rights Request (i.e., to confirm that the individual issuing the Consumer Rights Request is actually you). If we are unable to authenticate your identity using commercially reasonable efforts, we will not comply with such Consumer Rights Request and will instead ask that you provide additional information reasonably necessary to authenticate your identity and your request.

We will provide any information requested by you in accordance with this Section free of charge up to two (2) times per year; provided, however, that if your requests are manifestly unfounded, excessive, or repetitive, we may charge you a reasonable fee to cover the administrative costs of complying with the request. Alternatively, we may decline to comply with unfounded, excessive, or repetitive requests upon notice to you.

We shall comply with all properly issued and authenticated Consumer Rights Requests within forty-five (45) days of our receipt of your request; provided, however, that we may extend this response period by up to one (1) additional 45-day period where reasonably necessary taking into account the complexity and number of your requests. We will inform you of any such extension and provide a reason for the extension within the initial 45-day response period.

You may appeal our refusal to take action on any Consumer Rights Requests within the applicable response period set forth above by contacting us at support@legatohearing.com. We will inform you in writing of any action taken or not taken in response to your appeal, together with an explanation of the reasons for such decision, within forty-five (45) days of our receipt of your appeal. If we elect to deny your appeal we will provide you with instructions for contacting your local Attorney General for further review.

Changes to this Policy

We post any changes we make to this Policy on this page. If we make material changes to how we collect, use, and disclose Consumer Health Data, we will notify you by email to the primary email address we have on file for you and through a notice on the Website home page. The date the Policy was last revised is identified at the top of this page. You are responsible for ensuring we have an up-to-date, active, and deliverable email address for you, and for periodically visiting our Website and this Policy to check for any changes. Please note that we will not collect, use, or disclose additional categories of Consumer Health Data, or use Consumer Health Data for additional purposes beyond those disclosed in this Policy, without providing notice and obtaining your consent.

Contact Information

To make an inquiry or comment about this Policy or our privacy practices, please contact us at:

  • By Postal Mail: Legato Audio, Inc., Attention: Consumer Data & Privacy Group, 14 Milliston Road #212, Millis, MA 02054
  • By Email: support@legatohearing.com
  • By Telephone: 1-866-4LEGATO (1-866-453-4286)