PRIVACY NOTICE

Freespira, Inc.

 

We at Freespira, Inc. respect your concerns about privacy.  This Privacy Notice describes the type of personal information we collect from the Freespira system and from our interactions with you and your healthcare provider.  Further, this Privacy Notice explains how we use, process and disclose your personal information, with whom we share it and the measures we take to protect its security.  This Privacy Notice applies to the Freespira treatment including the Freespira App and website www.freespiradata.net (together, the “System”) the corporate website www.freespira.com and other data storage platforms where information is stored and accessed. Please read the following carefully to understand our practices regarding your personal information.

 

 

Information We Collect

 

When you choose to submit personally identifiable information to our Site (including name, telephone number, mailing address and email address), your information is used only for the specific purpose for which it was submitted, unless you consent otherwise or as required by law.  In many cases, you choose the amount of information you supply.  There may be instances where some of the information that we ask you to provide is identified as mandatory and some as voluntary.  In such cases, if you do not provide mandatory personal information with respect to a particular activity, you will not be able to engage in that activity.

 

 

The types of personal information that users of the Freespira system and websites may supply include:

 

·        Contact information (such as name, postal address, email address, and mobile or other telephone number) of individuals such as medical professionals and patients

 

·        Human patient demographics such as date of birth and gender

 

·        Names of healthcare practitioners such as Primary Physician, Psychiatrist, Therapist, Physician’s Assistant, Psychologist, OBGYN, Nurse Practitioner, Medical Assistant, Social Worker etc.

 

·        Patient medical data such as diagnosis related to authorized use of the Freespira system

 

·        Payment information (such as payment card number, expiration date, delivery address, and billing address)

 

·        Physiological information collected by the Freespira App, such as Respiratory Rate (RR) and exhaled Carbon Dioxide levels (CO2);

 

·        Technical (engineering) data relating to the operation of the CO2 sensor and App during use including environmental data such as temperature, humidity, barometric pressure and location

 

·        Inquiries received through our website or the App inquiring about our products or services

 

·        Contact information so that we can respond to your requests that we contact you or add you to our mailing list

 

·        Information on customer service surveys

·        Medical billing claims records received from Health Plans

 

The types of aggregate, not personally identifiable information that we may collect from users of the Freespira system may include:

 

·        Log Files:  Our servers automatically record certain information (e.g., web request, Internet Protocol (“IP”) address, browser type, browser language, URLs, etc.) that your web browser sends whenever you visit our website.

 

·        Cookies:  When you visit our website, we ask your browser to store small text files containing a string of alphanumeric characters known as a cookie.  We use both session cookies and persistent cookies.  If you have chosen to identify yourself on our website, we use session cookies containing encrypted information to identify you and facilitate your use of the website. Session cookies are required to access much of the content and services offered on the website.  After you leave our website and close your browser, a persistent cookie remains. Persistent cookies can be removed by following your help file directions in your web browser. If you refuse our cookies, some features of the website may not function properly.

 

·        Web Beacons:  We may employ clear GIFs or web beacons to track anonymously how users use the website. We may also use web beacons in our emails to track which emails are opened.

 

·        Analytics:  When someone visits the website, our web servers automatically gather information that allows the website to communicate with the user’s computer during the visit.  We also may use any of the following information: the number of visits to the website, which parts of the website users select, IP address (the Internet address assigned to your computer from your Internet Service Provider), domain type, browser type (e.g., Internet Explorer) and date and time of day.  We use this information for statistical purposes that help us design and administer the website.  Those types of information do not disclose personally identifiable information that would permit us to identify or locate individual visitors.

 

 

How We Use the Information We Collect

 

We may use the information described above to:

·        Create and manage your account

 

·        Provide products and services to you

 

·        Deliver and manage customer support

 

·        Process payments

 

·        Ship product(s) to you or your health care practitioner for your use

 

·        Communicate with you and/or your health care practitioner about your use of the Freespira system

 

·        Send you promotional materials or other communications

 

·        Communicate with you about, and administer your participation in, special events, programs, offers, surveys and market research

 

·        Respond to your inquiries

 

·        Perform data analyses and/or research (including de-identification and aggregation of personal and claims information)

 

·        Operate, evaluate and improve our business (including developing new products and services; enhancing and improving our services; managing our communications; analyzing our products; and performing accounting, auditing and other internal functions)

 

·        Protect against, identify and prevent fraud and other unlawful activity, claims and other liabilities; and

 

·        Comply with and enforce applicable legal requirements, relevant industry standards and our policies

 

·        We will retain your personal and physiological information (with the exception of your credit card information) when you complete treatment and return the Freespira equipment for use as set out in this Privacy Notice.  Freespira, Inc. retains data indefinitely to provide beneficial health related data, improve the Freespira system, track trends concerning panic disorder treatment effectiveness or for any other purpose

 

 

Information We Share

 

We do not sell or otherwise disclose personal information we collect about you, except as described in this Privacy Notice.  We may share your personal information relating to your use of the Freespira system with your healthcare provider or others that you direct us to share your personal information with.  Once your information is received by the third party, we are no longer in control of it and the third party’s use, disclosure and other handling of this personal information is subject to their own privacy policies and practices and not this Privacy Notice.  We also may share your personal information with service providers who perform services on our behalf based on our instructions.  We do not authorize these service providers to use or disclose the personal information except as necessary to perform services on our behalf or comply with legal requirements.  We impose strict legal requirements on these service providers to implement robust security measures to protect your personal information.

 

Once Freespira, Inc. receives authorization from your practitioner, we will confirm your treatment by telephone. The order process will include confirming your shipping address as well as verifying your identity and agreement to proceed with treatment.  In the case of a Freespira treatment requiring a patient cost-share payment, your credit card information will be collected, and you will be billed when the system ships. Your credit card information will be retained by our credit card processor, which is a third-party financial services provider.  After the treatment period you will return the system to us.  At this point we will check the Freespira system and assuming that it is in working condition (except normal wear and tear) you will not incur any further monthly charges.  If the System is damaged or not returned your credit card will be charged $1,495.

 

We may share personal information submitted by you or collected through use of the Freespira system with third parties, for example, to conduct demographic surveys.  However, any such personal information will be de-identified in such a way that you will not be personally identifiable.

 

In addition, we may disclose information about you (i) if we are required to do so by law or legal process, (ii) to law enforcement authorities or other government officials, (iii) when we believe disclosure is necessary or appropriate to prevent physical harm or financial loss, or in connection with an investigation of suspected or actual fraudulent or illegal activity, (iv) to protect against misuse or unauthorized use of the Freespira Breathing System, (v) to investigate reports of users sending material using a false e-mail address or users sending harassing, threatening, or abusive messages or (vi) to protect our rights and property.

 

We also reserve the right to transfer personal information we have about you in the event we sell or transfer all or a portion of our business or assets (including in the event of a reorganization, dissolution or liquidation).  Should such a sale or transfer occur, we will use reasonable efforts to direct the transferee to use personal information you have provided to us in a manner that is consistent with our Privacy Notice. Following such a sale or transfer, you may contact the entity to which we transferred your personal information with any inquiries concerning the processing of that personal information.

 

 

Your Rights and Choices

 

We offer you certain choices in connection with the personal information we collect from you, such as how we use the personal information and how we communicate with you.  To update your preferences, ask us to remove your personal information from our mailing lists or submit a request.  Please contact us as indicated in the “How to Contact Us” section of this Privacy Notice.  You may request access to the personal information we maintain about you or request that we correct, amend, delete or block the information by contacting us as indicated below by submitting a request via the “How to Contact Us” section of this Privacy Notice.  You may withdraw any consent you previously provided to us or object at any time on legitimate grounds to the processing of your personal information, and we will apply your preferences going forward.  To exercise any of these rights, please submit a request via the “How to Contact Us” section of this Privacy Notice.

 

 

 

 

Data Sharing

 

To facilitate secure sharing of data between you and your health care provider, Freespira, Inc. retains records of your physiological data on a secure website and makes it available to your health care provider. It is your health care provider’s responsibility to obtain your consent for him or her review of your data.

 

 

How We Protect Personal Information

 

We will take reasonable measures which we believe are appropriate to protect your information from loss, misuse, alteration or destruction, and require that any third parties to whom we may transfer your information take comparable steps to protect that security consistent with HIPAA standards.  Although we will use all reasonable efforts to safeguard the confidentiality of any information collected, we shall have no liability for disclosure of any information obtained due to errors in transmission or the unauthorized acts of third parties.  Email is not a secure form of communication.  Please do not send us your social security number, credit card number or other personal information via email.

 

Unfortunately, the transmission of information via the Internet or over mobile networks is not completely secure.  Although we will do our best to protect your personal information, we cannot guarantee the security of your data transmitted to and from the site or over mobile networks; any transmission is at your own risk. Once we have received your personal information, we will use strict procedures and security features to try to prevent unauthorized access.  We require that any third parties to whom we may transfer your personal information take comparable steps to protect that security.

 

 

Links to Other Websites and Applications

 

Our website or App may provide links to other websites and applications for your convenience and information.  These third-party websites and applications may operate independently from us.  Linked sites and applications may have their own privacy notices or policies, which we strongly suggest you review.  To the extent any linked websites or applications are not owned or controlled by us, we are not responsible for the sites’ or applications’ content, any use of the sites or applications, or the privacy practices of the sites or applications.

 

 

Children

 

The website and App are not intended for use by children under the age of 13 without parental consent. We are committed to protecting the privacy and rights of children online. To that end, we do not knowingly collect any personally identifiable information from users under the age of 13 without parental consent. We are not responsible if our customers provide access to children under the age of 13 or if a parent (which includes a legal guardian) creates an account and allows a child under the age of 13 access to that account. As a result, we may collect additional personal information about children under the age of 13, but only with parental consent or without our knowledge.

 

 

California Online Privacy Protection Act Compliance

 

If you are a California resident and use our website or App, you are entitled to request certain information regarding our disclosure of certain “personal information” (as defined in California Civil Code Section 1798.83) to third parties for their direct marketing purposes.  If you are a California resident and have provided us personal information within the last year, you may make such a request by emailing us at privacy@freespira.com and typing the following in the subject line of the e-mail: “California Privacy Rights”.

 

Within 30 days of receiving such a request, we will provide a list of the categories of personal information disclosed to third parties for such third parties’ direct marketing purposes during the immediately preceding calendar year, along with the names and addresses of these third parties.  A request may be made no more than once per calendar year and we are not required to respond to requests made by means other than through the e-mail address above.

 

 

Updates to Our Privacy Notice

 

This Privacy Notice may be updated periodically and without prior notice to you to reflect changes in our personal information practices.  We will post a prominent notice on our website to notify you of any significant changes to our Privacy Notice and indicate at the top of the notice when it was most recently updated. Where required by law, we will seek your explicit consent to specific changes.  You agree that Freespira, Inc. will reserve the right to occasionally notify you via email of any important changes to this Privacy Notice.

 

 

How to Contact Us

 

If you have any questions or comments about this Privacy Notice or if you would like us to update the information we have about you or your preferences, please contact us by email at privacy@freespira.com or call (800) 735-8995.  You also may write to:

 

Freespira, Inc.,

Attention: Privacy

12020 113th Ave NE, Ste 215

Kirkland, WA 98034

 

03159 Rev E