OPTIhome Remote Patient Monitoring System

PRIVACY POLICY

This Privacy Policy describes how Impulse Dynamics (USA)< Inc. (“us,” “we,” or “Impulse Dynamics”) use and protect the information that we collect from you when you access and use the OPTIhome Remote Patient Monitoring System, (the “RPMS”), which is provided to you by Impulse Dynamics.

Please review this Privacy Policy, which is incorporated into and made part of our Terms of Use. By using the RPMS, you confirm that you understand and agree to the provisions contained in these documents. If you do not understand our Privacy Policy or our Terms of Use, please contact us at privacy@impulsedynamics.com or by reviewing the information below. If you do not agree to our Privacy Policy or Terms of Use, you may not use the RPMS.

KEY DEFINITIONS

“Aggregate Information” is information that has been combined with information about other users and analyzed or evaluated as a whole, such that no specific individual may be reasonably identified. For example, Aggregate Information may include a statement that says “50% of our users have signed up to receive text alerts.”

“Cookies” are small text files that are placed on your hard disk by a webpage server. Cookies cannot be used to run programs or deliver viruses to your computer. Cookies are uniquely assigned to your browser or device, and can only be read by a web server in the domain that issued the Cookie to you.

“Clinical Investigation” is an experiment or research trial involving the RPMS or a component thereof and one or more Subjects.

“Clinical Researcher” is an individual who is associated with a Clinical Investigation and has been authorized to access the RPMS as part of that Clinical Investigation.

“De-Identified Information” is information from which identifiers of a user or relatives, employers or household members have been removed. For the purposes of these Terms, the term “De-Identified Information” means information that has been de-identified in a manner that complies with the requirements of the Health Information Portability and Accountability Act of 1996 (“HIPAA”), the California Consumer Privacy Act (“CCPA”) or any other applicable law or regulation.

“Health Care Providers” are providers, doctors, specialists, professionals, and other organizations who deliver health care services to you and/or take part in your treatment.

“Location Information” is a subset of Personal Information that can be used to locate the device you use to access the RPMS. Location Information may include: (i) the location of the device derived from GPS or WiFi use; (ii) the IP address of the device or internet service used to access the RPMS, and (iii) other information made available by a user or others that indicates the current or prior location of the user.

“Personal Information” is information that can be used to identify, contact, or locate you. Examples of Personal Information include your name, address, email address, telephone number, Location Information, and other information you provide. Personal Information can include Protected Health Information. If we combine non-identifiable information with other information in a way that allows us to identify you, we will treat such non-identifiable information as Personal Information.

“Protected Health Information” (“PHI”) is information that is protected by the U.S. Health Insurance Portability and Accountability Act of 1996 (“HIPAA”).

“Usage Information” is information that we automatically collect about the mobile or other computing device you use to connect to the RPMS, and your use of the cloud interface of the RPMS. This type of information does not usually, by itself, uniquely identify you, but it may. Usage Information may include your IP address, domain server, type of device(s) and web browser(s) used to access the RPMS, referring webpage or other source through which you accessed the RPMS, and other statistics and information associated with the interaction between your browser or device. Usage Information does NOT include information collected from an OPTIMIZER Smart Mini or OPTIMIZER Integra CCM-D implantable device.

“RPMS Information” is information that is collected or generated through your use of the RPMS, including activity information and other information collected from the OPTIMIZER Smart Mini or OPTIMIZER Integra CCM-D implantable device. RPMS Information will include Personal Information, Protected Health Information, and non-personal information.

“Subject” is an individual who is or becomes a participant in a Clinical Investigation.

“Web Beacons” (also known as “clear GIFs” and “pixel tags”) are small bits of code embedded in web pages or in emails that are used to monitor the behavior of a website user or recipient of an email.

“Your Content” is the information, photos, text, or other content that you may upload, store, send, or display through the RPMS. Your Content may include Patient or Subject PHI.

HOW WE COLLECT YOUR INFORMATION

If you use the RPMS as a Health Care Provider, Clinical Researcher or, in certain circumstances, as a Subject, We may collect your information in the following ways:

  • When you voluntarily share your information with us. We will ask you to provide us with information in order to access certain features of the RPMS. For example, when you create an account we may ask for your name, contact information, date of birth, name of your emergency contact, phone number of your emergency contact, health insurance information. The information requested will depend on the type of account you For example, when you create a profile, we may collect your photos and additional information that you provide to personalize your profile.
  • When you use interactive tools on the We may collect your information when you use the RPMS’ interactive tools, such as setting up alerts through text, phone or e-mail, and responding to alerts.
  • Automatically through your use of the RPMS. When you navigate the RPMS, we and our vendors may collect Usage Information through a variety of technical methods, including tokens, Cookies, Web Beacons, and other identifiers (collectively, “Data Collection Technologies”). For more information about how we use Data Collection Technologies, please see the Section titled Data Collection Technologies To learn how to exercise your choices about Data Collection Technologies, please see the Section titled Your Choices.
  • When you turn on your location services. We may collect your Location Information if you give us permission by turning on your location services. To learn how to opt out of the collection of your Location Information, please see the Section titled Your Choices.

HOW WE USE YOUR INFORMATION

We use your information to operate, provide, analyze, and improve the RPMS, consistent with our commitments in this Privacy Policy. These activities may include, but are not limited to:

  • Provide you the RPMS and fulfill your requests. We may use your information to register you, administer your account and profile, enable alerts and notifications, and provide you the information and services that you request.
  • Perform Clinical Investigations. We may use the information collected through your use of the RPMS to perform Clinical Investigations regarding our devices, the RPMS and/or its components, if permitted by applicable law. In some cases, additional oversight bodies, such as an Institutional Review Board, may need to give us permission first or we may need to obtain your consent.
  • Communicate with you. We may contact you to send you administrative messages such as support updates, technical notices, security alerts and administrative messages about changes to this Privacy Policy, our Terms of Use, or Impulse Dynamics.
  • Enhance your experience. We use your information to personalize and enhance your experience when you use the RPMS, such as tailoring content and remembering your preferences.
  • Monitor, improve, and develop the RPMS and our devices. Your information helps us improve the content and functionality of the RPMS and our devices or to create new devices. For example, we may use your information to monitor and analyze trends, usage, and activities in connection with the RPMS; to understand how to improve our devices or for new devices; or to perform FDA mandated quality reporting.
  • Prevent illegal activities. We use your information to detect, investigate and prevent fraudulent transactions and other illegal activities. We also may use your information to protect the rights and property of Impulse Dynamics and others.
  • As In addition to those purposes listed above, we may use your information for any other purpose disclosed to you at the time of collection.

We may link Usage Information to the Personal Information we have collected about you. If we link this Usage Information to your Personal Information, we will treat such linked information as Personal Information in accordance with this Privacy Policy. We may de-identify or aggregate your information with other users of the RPMS. This De-Identified or Aggregate Information may be used by us for any lawful purpose, including for research, data mining, and analytics.

DATA COLLECTION TECHNOLOGIES

We may use Cookies and other Data Collection Technologies to provide you with a better experience when you use the RPMS. Data Collection Technologies help you log on to the RPMS, remember your settings and preferences, and help us keep your information safe and secure.

Although most browsers and devices accept Cookies and other Data Collection Technologies by default, their settings usually allow you to clear or decline Cookies. If you disable Cookies, some of the features of the RPMS may not function properly.

Please note: Some web browsers incorporate a “Do Not Track” feature (“DNT”) that signals to the websites that you visit that you do not want to have your online activity tracked. Many websites and applications, including the RPMS, do not currently respond to web browser DNT signals because such signals are not yet uniform. For more information about DNT signals, please visit http://allaboutdnt.com.

WHEN WE SHARE YOUR INFORMATION

Because we know your Personal Information is important to you, we may share your information for the reason(s) disclosed to you at the time we collect it, with your consent, as well as in the following ways:

  • At your direction. We will share your information with third parties if and when you direct us For example, a Health Care Provider may ask us to share contact information updates with a Patient or Patient caregiver.
  • With our vendors. We may share your Personal Information with our vendors as necessary to enable them to provide services to Vendors are third parties (other companies and individuals) that support the operation and maintenance of the RPMS.
  • With our commonly owned entities. We may share your Personal Information with other companies under common ownership and control of Impulse Dynamics, which may include our subsidiaries, corporate parent, or any other subsidiaries owned by our corporate We do this in order to provide you better service and improve your experience. We will not share your Personal information with these companies for their own marketing purposes.
  • For legal purposes. We may share your Personal Information as reasonably necessary to comply with law or a legal process (including a court or government order or subpoena), to detect, prevent, or otherwise address fraud, security or technical issues, to enforce this Privacy Policy and/or the Terms of Use, and to protect the rights, property or safety of Impulse Dynamics, our members and users, and/or the public.
  • During a corporate transaction. If Impulse Dynamics is involved in a merger, acquisition, financing, or sale of business or assets, information collected from and about users may be transferred to one or more third parties involved in such transaction and, upon such transfer, the relevant third party privacy policy or policies may govern further use of the information.

YOUR CHOICES

Your preferences about how we use your information are important to us and, when possible, we aim to honor them. We offer the following choices that you can exercise with regard to your Personal Information.

  • Access and modify your Personal Information. You may contact us at optihomeadmin@impulsedynacom to request access to or modification of the Personal Information we maintain about you.
  • Delete your Personal Information or your account. We store your Personal Information associated with your account until your account is deleted. You can delete your account at any time by contacting us atoptihomeadmin@impulsedynamics.com.
  • Opt out of location If you do not want us to collect Location Information from your device, please disable the location setting(s) on your device and/or delete the mobile app. Please note that disabling the location setting may affect certain features of the RPMS.

HOW WE PROTECT YOUR INFORMATION

The security of Personal Information is important to us. We use reasonable safeguards aimed to protect against unauthorized use, disclosure, alteration or destruction of the Personal Information we collect and maintain. You should keep in mind, however, that no data transmitted over the Internet is 100% secure and any information disclosed online can potentially be collected and used by parties other than the intended recipient. As a result, while we strive to protect your information, we cannot guarantee or warrant the security of any information you transmit to or from the RPMS.

CHILDREN’S PRIVACY RIGHTS

We are committed to protecting the privacy of children. Neither Impulse Dynamics nor any of its RPMS is designed for, intended to attract, or directed toward children under the age of thirteen. If we become aware that a user is under the age of thirteen and has provided personal information to us without prior parental consent, we will remove all information provided by such underage user from our database.

NOTE TO INTERNATIONAL USERS

The RPMS is intended for individuals located in the United States. If you are outside of the United States and access the RPMS or submit your Personal Information to us, please be advised that U.S. law may not offer the same privacy protections as the law of your jurisdiction. If you visit the RPMS or contact us from outside of the United States, please be advised that (i) any information you provide to us or that we automatically collect will be transferred to the United States; and (ii) that by using the RPMS or submitting information, you explicitly authorize its transfer to and subsequent processing in the United States in accordance with this Privacy Policy.

CHANGES TO THIS PRIVACY STATEMENT

As we improve the RPMS over time, we may need to update this Privacy Policy to reflect new ways we may collect and use your information. When we update this Privacy Policy, we will post a new Effective Date at the top. If we make material changes that would impact your use of the RPMS or your privacy, we will endeavor to notify you of the changes prior to the changes taking effect, such as by posting a notice directly on the RPMS, by sending an email notification (if you have provided your email address to us), or by any other reasonable method.

HOW TO CONTACT US

Questions or comments about this Privacy Policy or our data handling questions can be directed to: Impulse Dynamics (USA), Inc.

50 Lake Center Executive Parkway 401 Route 73 N, Bldg 50, Ste 100

Marlton, NJ 08053