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Privacy Policy

Effective date: July 5, 2023

At Avation, we take your privacy seriously. Please read this Privacy Policy to learn how we treat your personal data. By using or accessing our Products and Services in any manner, including as a Prescription Device User or Health Care Provider, you acknowledge that you accept the practices and policies outlined below, and you hereby consent that we will collect, use and share your information as described in this Privacy Policy.

Remember that your use of Avation’s Products and Services is at all times subject to our Terms of Use (Terms of Use) which incorporates this Privacy Policy. Any terms we use in this Policy without defining them have the definitions given to them in the Terms of Use.

You may print a copy of this Privacy Policy by clicking here (Privacy Policy).

As we continually work to improve our Products and Services, we may need to change this Privacy Policy from time to time. Upon such changes, we will alert you to any such changes by placing a notice on the Avation website, by sending you an email and/or by some other means. Please note that if you’ve opted not to receive legal notice emails from us (or you haven’t provided us with your email address), those legal notices will still govern your use of the Products and Services, and you are still responsible for reading and understanding them. If you use the Products and Services after any changes to the Privacy Policy have been posted, that means you agree to all of the changes.

What this Privacy Policy Covers

This Privacy Policy covers how we treat Personal Data that we gather when you access or use our Products and Services. “Personal Data” means any information that identifies or relates to a particular individual and also includes information referred to as “personally identifiable information” or “personal information” under applicable data privacy laws, rules or regulations.

This Privacy Policy does not cover the practices of companies we don’t own or control or people we don’t manage. Specifically, some professionals you may interact with in connection with our Products and Services qualify as “health care providers” under the Health Insurance Portability & Accountability Act (“Health Care Providers” and “HIPAA”, respectively). Such Health Care Providers may require you to review and acknowledge their specific HIPAA Notice of Privacy Practices; any such terms are between you and such Health Care Provider. This Privacy Policy does not describe how we collect or use individuals’ “Protected Health Information” or “PHI” when we are providing services on behalf of such Health Care Providers. Specifically, when (a) Avation, acting as a “Business Associate” (as such term is defined in HIPAA), receives identifiable health information about an individual from or on behalf of a Health Care Provider; and (b) such Health Care Provider is a “Covered Entity” (as such term is defined in HIPAA), this information is considered PHI. Personal Data that a user provides to Avation outside of the foregoing context is not PHI.

Personal Data

Categories of Personal Data We Collect

If you are a Prescription Device User, this list details the additional categories of Personal Data that we may collect from you, and categories of Third Parties with whom we share this Personal Data:

  • Profile or Contact Data Examples: First and last name, Email, Phone number, Address, Unique identifiers such as passwords Share with: Service Providers, Analytics Partners, Business Partners, Parties You Authorize, Access or Authenticate
  • Device/IP Data Examples: IP address, Device ID, Type of device/operating system/browser used to access the Services Share with: Service Providers, Analytics Partners, Business Partners, Parties You Authorize, Access or Authenticate
  • Web Analytics Examples: Web page interactions Share with: Service Providers, Analytics Partners, Business Partners, Parties You Authorize, Access or Authenticate
  • Geolocation Data Examples: IP-address-based location information, GPS data Share with: Service Providers, Analytics Partners, Business Partners, Parties You Authorize, Access or Authenticate
  • Health Data Examples: Medical conditions and symptoms, Weight, Height, Garment size, System therapy parameters, Symptom changes and related activity Share with: Service Providers, Analytics Partners, Business Partners, Parties You Authorize, Access or Authenticate
  • Consumer Demographic Data Examples: Age / date of birth, Zip code, Gender, Ethnicity Share with: Service Providers, Analytics Partners, Business, Partners Parties You Authorize, Access or Authenticate
  • Payment Data Examples: Payment card type, Last 4 digits of payment card, Billing address, phone number, and email Share with: Service Providers (specifically our payment processing partner, currently Square, Inc. and Square Capital, LLC)
  • Commercial Data Examples: Purchase history Share with: Service Providers, Analytics Partners, Business Partners, Parties You Authorize, Access or Authenticate
  • Other Identifying Information that You Voluntarily Choose to Provide Examples: Identifying information in emails, letters, surveys, or other communication you send us Share with: Service Providers Analytics Partners Business Partners Parties You Authorize, Access or Authenticate

If you are a Health Care Provider, this chart details the categories of Personal Data that we may collect from you and categories of Third Parties with whom we share this Personal Data:

  • Profile or Contact Data Examples: First and last name, Email, Phone numberAddressUnique identifiers such as passwords Share with: Service ProvidersAnalytics PartnersBusiness Partners, Parties You Authorize, Access or Authenticate
  • Device/IP Data Examples: IP address, Device ID, Type of device/operating system/browser used to access the Services Share with: Service Providers, Analytics Partners, Business Partners, Parties You Authorize, Access or Authenticate
  • Web Analytics Examples: Web page interactions Share with: Service Providers, Analytics Partners, Business Partners, Parties You Authorize, Access or Authenticate
  • Geolocation Data Examples: IP-address-based location information, GPS data Share with: Service Providers, Analytics Partners, Business Partners, Parties You Authorize, Access or Authenticate
  • Other Identifying Information that You Voluntarily Choose to Provide Examples: Identifying information in emails, letters, surveys, or other communication you send us Share with: Service Providers, Analytics Partners, Business Partners, Parties You Authorize, Access or Authenticate

If you are a visitor to our public-facing website, this chart details the categories of Personal Data that we may collect from you and categories of Third Parties with whom we share this Personal Data:

  • Device/IP Data Examples: IP address, Device ID, Type of device/operating system/browser used to access the Services Share with: Analytics Partners
  • Web Analytics Examples: Web page interactions Share with: Analytics Partners
  • Other Identifying Information that You Voluntarily Choose to Provide Examples: Identifying information in emails or letters you send us or in webforms you complete Share with: Service Providers, Parties You Authorize, Access or Authenticate

Categories of Sources of Personal Data

We collect Personal Data about you from the following categories of sources:

You: when you provide such information directly to us.

  • When you create an account or use our interactive tools, Products and Services.
  • When you voluntarily provide information in free-form text boxes through the Products and Services or through responses to surveys or questionnaires.
  • When you send us an email or otherwise contact us.

You: when you use the Products and Services and such information is collected automatically.

  • Through Cookies (defined in the “Tracking Tools and Opt-Out” section below).
  • If you download our mobile application or use a location-enabled browser, we may receive information about your location and mobile device, as applicable.
  • Your physiological information, System therapy parameter, symptom changes and related activities.

Third Parties

As an Prescription Device User, we collect Personal information from the following sources:

  • Health Care Providers. We may receive information about you from your Health Care Provider when they prescribe our Products and Services to you.
  • Vendors We may use analytics providers to analyze how you interact and engage with the Products and Services, or third parties may help us provide you with customer support.

Our Commercial or Business Purposes for Collecting or Disclosing Personal Data

Providing, Customizing and Improving the Products and Services

  • Creating and managing your account or other user profiles.
  • Processing orders or other transactions; billing or, if you are a Prescription Device User, otherwise obtaining payment from you or your health insurance plan, or another source, for Products and Services provided to you.
  • Providing you with the Products, Services or other information you request.
  • Meeting or fulfilling the reason you provided the information to us, including assessing the suitability of treatment with our Products and Services.
  • Providing support and assistance for the Products and Services.
  • Improving the Products and Services, including testing, research, analytics and product development.
  • Personalizing the Products and Services, website content and communications based on your preferences.
  • Doing fraud protection, security and debugging.

Marketing the Products and Services

  • Marketing and selling the Products and Services.

Corresponding with You

  • Responding to correspondence that we receive from you, contacting you when necessary or requested, and sending you information about Avation or the Products and Services.
  • Sending emails and other communications according to your preferences or that display content that we think will interest you.

Meeting Legal Requirements and Enforcing Legal Terms

  • Fulfilling our legal obligations under applicable law, regulation, court order or other legal process, audit, or inspection, such as preventing, detecting and investigating security incidents and potentially illegal or prohibited activities, to comply with government mandated reporting, or as required by law to public health agencies.
  • Protecting the rights, property or safety of you, Avation or another party.
  • Enforcing any agreements with you.
  • Responding to claims that any posting or other content violates third-party rights.
  • Resolving disputes.

We will not collect additional categories of Personal Data or use the Personal Data we collected for materially different, unrelated or incompatible purposes without providing you notice.

How We Disclose Your Personal Data

We disclose your Personal Data to the categories of service providers and other parties listed in this section. Depending on state laws that may be applicable to you, some of these disclosures may constitute a “sale” of your Personal Data. For more information, please refer to the state-specific sections below. Service Providers. These parties help us provide the Products and Services or perform business functions on our behalf. They include:

  • Hosting, technology and communication providers.
  • Security and fraud prevention consultants.
  • Support and customer service vendors.
  • Product fulfillment and delivery providers.
  • Payment processors. Our payment processing partner Square, Inc. and Square Capital, LLC collects your voluntarily-provided payment card information necessary to process your payment. Please see Square, Inc. and Square Capital, LLC’s terms of service and privacy policy for information on its use and storage of your Personal Data.
  • Payment or insurance providers as required to obtain payment for the Products and Services from Prescription Device Users.
  • Analytics Partners. These parties provide analytics on web traffic or usage of the Products and Services. They include:
    • Companies that track how users found or were referred to the Products and Services.
    • Companies that track how users interact with the Products and Services.
  • Business Partners. These parties partner with us in offering various services. They include:
    • Businesses that you have a relationship with.
    • Companies that we partner with to offer joint promotional offers or opportunities.
  • If you are a Prescription Device User, Health Care Providers who prescribe our Products and Services to you.
  • Parties You Authorize, Access or Authenticate
    • Third parties you access through the Products and Services.
    • Other parties, as permitted by You.

Legal Obligations

We may share any Personal Data that we collect with third parties in conjunction with any of the activities set forth under “Meeting Legal Requirements and Enforcing Legal Terms” in the “Our Commercial or Business Purposes for Collecting Personal Data” section above.

Business Transfers

All of your Personal Data that we collect may be transferred to a third party if we undergo a merger, acquisition, bankruptcy or other transaction in which that third party assumes control of our business (in whole or in part). Should one of these events occur, we will make reasonable efforts to notify you before your information becomes subject to different privacy and security policies and practices.

Data that is Not Personal Data

We may create aggregated, de-identified or anonymized data from the Personal Data we collect, including by removing information that makes the data personally identifiable to a particular user. We may use such aggregated, de-identified or anonymized data and share it with third parties for our lawful business purposes, including to analyze, build and improve the Products and Services, to conduct research related to the Products and Services, including to evaluate the number of patients using our Products and Services with a specific clinical diagnosis, and to promote our business, provided that we will not share such data in a manner that could identify you.

Tracking Tools and Opt-Out

The Services use cookies and similar technologies such as pixel tags, web beacons, clear GIFs and JavaScript (collectively, “Cookies”) to enable our servers to recognize your web browser, tell us how and when you visit and use our Services, analyze trends, learn about our user base and operate and improve our Services. Cookies are small pieces of data– usually text files – placed on your computer, tablet, phone or similar device when you use that device to access our Services. We may also supplement the information we collect from you with information received from third parties, including third parties that have placed their own Cookies on your device(s).

We use the following types of Cookies:

  • Essential Cookies. Essential Cookies are required for providing you with features or services that you have requested. For example, certain Cookies enable you to log into secure areas of our Services. Disabling these Cookies may make certain features and services unavailable.
  • Functional Cookies. Functional Cookies are used to record your choices and settings regarding our Services, maintain your preferences over time and recognize you when you return to our Services. These Cookies help us to personalize our content for you, greet you by name and remember your preferences (for example, your choice of language or region).
  • Performance/Analytical Cookies. Performance/Analytical Cookies allow us to understand how visitors use our Services. They do this by collecting information about the number of visitors to the Services, what pages visitors view on our Services and how long visitors are viewing pages on the Services. Performance/Analytical Cookies also help us measure the performance of our advertising campaigns in order to help us improve our campaigns and the Services’ content for those who engage with our advertising. For example, Google LLC (“Google”) uses cookies in connection with its Google Analytics services. Google’s ability to use and share information collected by Google Analytics about your visits to the Services is subject to the Google Analytics Terms of Use and the Google Privacy Policy. You have the option to opt-out of Google’s use of Cookies by visiting the Google advertising opt-out page at www.google.com/privacy_ads.html or the Google Analytics Opt-out Browser Add-on at https://tools.google.com/dlpage/gaoptout/.

You can decide whether or not to accept Cookies through your internet browser’s settings. Most browsers have an option for turning off the Cookie feature, which will prevent your browser from accepting new Cookies, as well as (depending on the sophistication of your browser software) allow you to decide on acceptance of each new Cookie in a variety of ways. You can also delete all Cookies that are already on your device. If you do this, however, you may have to manually adjust some preferences every time you visit our website and some of the Services and functionalities may not work.

To explore what Cookie settings are available to you or to modify your preferences with respect to Cookies, you can access your Cookie management settings. To find out more information about Cookies generally, including information about how to manage and delete Cookies, please visit http://www.allaboutcookies.org/.

Data Security

We seek to protect your Personal Data from unauthorized access, use and disclosure using appropriate physical, technical, organizational and administrative security measures based on the type of Personal Data and how we are processing that data. You should also help protect your data by appropriately selecting and protecting your password and/or other sign-on mechanism; limiting access to your computer or device and browser; and signing off after you have finished accessing your account. Although we work to protect the security of your account and other data that we hold in our records, please be aware that no method of transmitting data over the internet or storing data is completely secure.

Data Retention

We retain Personal Data about you for as long as necessary to provide you with our Products and Services or to perform our business or commercial purposes for collecting your Personal Data. When establishing a retention period for specific categories of data, we consider who we collected the data from, our need for the Personal Data, why we collected the Personal Data, and the sensitivity of the Personal Data. In some cases we retain Personal Data for longer, if doing so is necessary to comply with our legal obligations, resolve disputes or collect fees owed, or is otherwise permitted or required by applicable law, rule or regulation. We may further retain information in an anonymous or aggregated form where that information would not identify you personally.

For example:

  • We retain your profile information and credentials for as long as you have an account with us.
  • We retain your payment data for as long as we need to process your purchase.
  • We retain your device/IP data for as long as we need it to ensure that our systems are working appropriately, effectively and efficiently.

Personal Data of Children

As noted in the Terms of Use, we do not knowingly collect or solicit Personal Data about children under 13 years of age; if you are a child under the age of 13 , please do not attempt to register for or otherwise use the Products and Services or send us any Personal Data. If we learn we have collected Personal Data from a child under 13 years of age, we will delete that information as quickly as possible. If you believe that a child under 13 years of age may have provided Personal Data to us, please contact us at customercare@avation.com.

Other State Law Privacy Rights

California Resident Rights

Under California Civil Code Sections 1798.83-1798.84, California residents are entitled to contact us to prevent disclosure of Personal Data to third parties for such third parties’ direct marketing purposes; in order to submit such a request, please contact us at customercare@avation.com.

Nevada Resident Rights

If you are a resident of Nevada, you have the right to opt-out of the sale of certain Personal Data to third parties who intend to license or sell that Personal Data. You can exercise this right by contacting us at customercare@avation.com with the subject line “Nevada Do Not Sell Request” and providing us with your name and the email address associated with your account. Please note that we do not currently sell your Personal Data as sales are defined in Nevada Revised Statutes Chapter 603A.

Contact Information and Complaints

If you have any questions, comments or complaints about this Privacy Policy, the ways in which we collect and use your Personal Data or your choices and rights regarding such collection and use, please do not hesitate to contact us at:

1-888-972-5694

www.avation.com

customercare@avation.com

1375 Perry St, Suite 13-150 Columbus, OH 43201