Consumer Health Data Privacy Notice

Consumer Health Data Privacy Notice

This Consumer Health Data Privacy Notice is by Easy Breathe, Inc., hereinafter, “we,” “our,” “us” and “Easy Breathe.” This Privacy Notice provides information about the types of Consumer Health Data we collect about you, such as through your use of the Easy Breathe website and mobile site, and any other Easy Breathe products and services that include a link to this Privacy Notice (collectively, our “Services”), and how we may use and share it.

 Pursuant to the Washington My Health My Data Act and the Nevada Consumer Health Data Privacy Law and any other applicable laws (“Consumer Health Laws”), we generally collect, use, and share Consumer Health Data with your consent or as necessary to provide Services requested.

In this Policy, “Consumer Health Data” means personal information that links to an individual consumer or is reasonably linkable to a consumer and that identifies the consumer's past, present, or future physical or mental health status. Data under the Health Insurance Portability and Accountability Act (“HIPAA”) is separate. For more information about our privacy practices generally, see our Privacy Policy at https://easybreathe.com/policies/privacy-policy.

 

Categories of Consumer Health Data That We Collect

- Health diagnosis, treatment, condition, 

- Health insurance information (if needed)
- Medical prescription (if needed)
- Medical records (if needed)
- Inferences such as purchasing or consuming tendencies

- Use or purchase of prescription devices 

- Bodily functions, vital signs, symptoms, or measurements 

- Diagnoses or diagnostic testing, treatment, or medical devices used

- Information that could identify your attempt to seek health care services 

- Any inferences of the above categories of health data derived or extrapolated from non-health information


 

Categories of Sources From Which Consumer Health Data is Collected

We may collect Consumer Health Data directly from you, from cookies and other technologies, and from third parties, as outlined below.

Direct Collection of Consumer Health Data

We obtain most of the Consumer Health Data we process directly from you when you provide to us when you contact us to purchase products that support your use of CPAP and PAP therapy (for example, if you are required to provide a prescription to purchase a CPAP machine).

Cookies and other Technology

When you interact with our Services (including by visiting our website or our mobile site), we may use tools, such as cookies and other technologies to understand how you are using our Services. We may use these tools on our website and mobile site to learn how you interact with our products/services, your general location, and what parts of our service interest you the most. This helps us make our emails more relevant and useful for you. 

Specifically, the Consumer Health Data we collect automatically may include your IP address, therapy device type, unique therapy device identification numbers, operating system version, the dates on which you access and use the service, user behavior (for example, your interactions with the service), geographic location (for example, country- or city-level location), and other technical information. 

Third Party Collections

We may also collect Consumer Health Data about you from third parties, including third-party applications, where you have consented to their sharing your Consumer Health Data with us. For example, if you authorize us to inquire about your insurance coverage, the insurer may provide relevant information that is related to your request to purchase a product.

Purposes for Which Consumer Health Data is Collected and How We Use It

We may collect and use Consumer Health Data for the following purposes:

To provide our business and Services: To provide and operate our Services, communicate with you about your use of our Services, provide troubleshooting and technical support, and for other similar operational purposes; to provide you Services, including PAP machine and mask setup instructions, key metrics from your nightly sleep therapy sessions; to improve Services.


Communications with you (our customers): To respond to your questions, comments, and all communications and to fulfill your requests, such as sending you requested materials, newsletters, and information for our products and Services. We may also send you administrative information, such as changes to our terms and policies. Furthermore, in the event of a recall of a product that you purchased from us, we will communicate important information from the manufacturer and/or regulatory agencies about any product recall. 

Marketing and promotions: For marketing and promotional purposes, such as sending you marketing communications and information about our Services, market research, technologies, and new offerings. We may send you this information via email or text message in compliance with applicable laws and based on your preferences. We may personalize your experience within the Services by suggesting relevant Services, information, educational content, and offers tailored to you.

Research and development: We may de-identify, pseudonymize, or aggregate Consumer Health Data for statistical analysis and market research to enhance existing or new products and Services and to help us better understand the sleep apnea population subject to applicable laws. We may also communicate with you about our Services and seek your input if applicable.

Surveys and feedback: To conduct surveys related to your use of the Services.

Legal and auditing: To conduct financial, tax, and accounting audits; to assess risk and compliance with legal obligations (such as our general business, accounting, recordkeeping, and legal functions; to maintain appropriate business records, and enforce company policies and procedures; to comply with applicable legal or regulatory obligations, including responses to a judicial proceeding, a subpoena, warrant, court order, or other legal process, or an investigation or request from law enforcement or another governmental authority; for data analysis and fraud monitoring and prevention; for internal quality control and training purposes.

Business transactions: To carry out and analyze/review business transactions, including, but not limited to, mergers, acquisitions, reorganizations, bankruptcies, financing. 

To improve user experience and to improve our products/services: To enhance, improve, or modify our Services (such as identifying usage trends and determining the effectiveness of our promotional campaigns); to operate and expand our business activities.

We may process Consumer Health Data or pseudonymized information using both automated methods of processing (for example, machine learning and artificial intelligence) and manual methods (for example, human). Our automated methods of processing will not have legal, financial, or similar significant effects without appropriate human intervention. We will obtain your affirmative consent for any use or sharing of your Consumer Health Data that requires such affirmative consent under Consumer Health Laws. 


 Categories of Consumer Health Data That We Share

We may share each of the categories of Consumer Health Data listed above with the following categories of third parties if and as applicable:

  •     Affiliates, subsidiaries and business partners. We may disclose your Consumer Health Data to our affiliates, subsidiaries and any company owned or controlled by Easy Breathe. Easy Breathe may also partner with other businesses to offer products and services and we may disclose your Consumer Health Data to those business partners.
  •     Vendors and service providers. We may disclose your Consumer Health Data to vendors and service providers who perform functions and provide services on our behalf, such as IT support services and website hosting, marketing and marketing research providers, customer support, data storage, data analytics providers, auditors, consultants and legal counsel.
  •     Healthcare or home medical equipment providers. We may disclose your Consumer Health Data to healthcare or home medical equipment providers whose use and disclosure of the Consumer Health Data is limited to flagging whether the machines they monitor are registered with the Services, unless you consent to share additional information.
  •     Business transfers. If we or our affiliates are or may be acquired by, merged with or invested in by another company, or if any of our assets are or may be transferred to another company, whether as part of a bankruptcy or insolvency proceeding or otherwise, we may disclose or transfer the Consumer Health Data we have collected from you with or to the other company. We may also disclose certain Consumer Health Data as necessary before the completion of such a transaction or other corporate transaction, such as a financing or restructuring, to lenders, auditors and third-party advisors, including attorneys and consultants, as part of due diligence or as necessary to plan for a transaction.
  •     Compliance and legal obligations. We may disclose your Consumer Health Data in response to legal processes, including if our legal or compliance obligations require us to do so. For example, we may disclose Consumer Health Data in response to subpoenas, court orders and other lawful requests by regulators and law enforcement, including responding to national security or law enforcement disclosure requirements.
  •     Security and protection of rights. We may disclose your Consumer Health Data where we believe doing so is necessary to protect our Services, our rights and property or the rights, property and safety of others. For example, we may disclose Consumer Health Data (1) to prevent, detect, investigate and respond to fraud, unauthorized activities and access, illegal activities and misuse of the Services, (2) to respond to situations involving potential threats to the health, safety or legal rights of any person or third party, or (3) to enforce, detect, investigate and act in response to violations of our Terms of Service. We may also disclose Consumer Health Data related to litigation and other legal claims or proceedings in which we are involved subject to applicable laws and for our internal accounting, auditing, compliance, recordkeeping and legal functions.
  •     Aggregate and de-identified information. We may use, disclose and otherwise process aggregate and de-identified, pseudonymized and anonymized information related to our business and Services with third parties for quality control, analytics, research, development and other purposes.
  •     Other disclosures. We may disclose Consumer Health Data to others and in ways not described above and will notify you and/or obtain your consent to the extent required by applicable law.

How Individuals Can Exercise Rights

Individual rights for Washington and Nevada (and any other applicable) consumers:

You may make certain requests regarding your Consumer Health Data, subject to applicable law and certain exceptions. You may request to:

  •     know whether we are collecting or sharing your Consumer Health Data
  •     know the third parties to whom we have shared your Consumer Health Data and their contact information
  •     opt out of the collection, or sharing of your Consumer Health Data
  •     revoke your consent for the sale of your Consumer Health Data
  •     delete, access, amend, or review your Consumer Health Data

To make a request or raise questions, concerns, or complaints, please contact us:

Easy Breathe

 Attention: Privacy
 11859 Wilshire Boulevard, Suite 110
 Los Angeles, CA 90025
 (866) 564-2252

Email: privacy@easybreathe.com


 Accessibility:  We are committed to ensuring this Privacy Notice is accessible to individuals with disabilities. If you wish to access this Notice in an alternative format, please contact us.