Last updated: June 21, 2023
At BreatheSuite (“BreatheSuite, “we”, “ours”, or “us”), we take the privacy and security of your Personal Information seriously. We understand that people with respiratory diseases have unique journeys, which is why we have designed our respiratory disease solution to meet each person where they are at, so we can truly help them breathe easier and live better. This Privacy Notice explains how we collect, use, and protect your Personal Information when you:
Download and participate in our BreatheSuite App (“App”);
Communicate with us electronically, such as via email and text; and
Interact with us offline or via telephone.
We refer to the Site, App, our services, and other interactions with you collectively as the “Services” in this Privacy Notice.
For information about how we handle information protected by the Health Insurance Portability and Accountability Act, please see our Notice of Privacy Practices.
As used in this Privacy Notice, “Personal information” means any information that identifies, relates to, describes, is reasonably capable of being associated with, or could reasonably be linked, directly or indirectly, with a particular consumer or household. Personal information does not include publicly available information, de-identified or aggregated information, or information covered by certain federal and state laws.
If you have any questions about this Privacy Notice, please contact us at firstname.lastname@example.org.
PERSONAL INFORMATION COLLECTION
We may collect the following types of Personal Information:
Personal Information You Provide.
We collect the Personal Information you choose to provide when using our Services. For example, in connection with certain uses of our Services, such as when you register for our Services, participate in BreatheSuite’s respiratory disease solution, including our Virtual Pulmonary Rehabilitation (vPR), and Maintenance programs, log entries in the App’s journal, sign up to receive electronic or other marketing communications, or communicate with customer services, you may be asked to provide information about yourself. This could include your first and last name, mailing address, email address, phone number, mobile phone number, date of birth, health information (including your inhaler usage, height and weight, sleep quality, medical history, symptoms, respiratory disease diagnosis, and communications about your health), and/or information about your use of our Services.
Personal Information Automatically Collected When You Use Our Services
We also may automatically collect Personal Information when you use our Services. We collect some of this Personal Information using cookies and other, similar technologies. The Personal Information that we automatically collect may be combined with Personal Information that you provide us directly in order to optimize our Services to you. Depending on how you access and use our Services, we may receive:
Authentication Information. Our App uses ‘tokens’ to authenticate app users to verify users and know when a user is logged in.
Device Information. We collect and store information concerning the device you use when you access our Services. Device information may include, for example:
Device and browser type (e.g., your particular brand of phone or tablet or browser type) to ensure you get the correct device details and are able to sync the App appropriately
Certain device identifiers which may be unique to your device;
Your Internet service provider; and
Depending on what permissions you provide us through the App, content you have stored on your device (e.g., contacts stored on your phone).
Location Information. Including your specific location within a radius of 1,750 feet. We collect and use this information in order to determine whether a users’ location affects their inhaler use. For example, we may assess ‘rescue inhaler usage’ in order to understand whether there are certain areas or locations that cause our users to have increased symptoms that require them to use their inhaler more than usual. Unless the ‘Location Setting’ is turned on in the App, we will not have access to your location. You can always choose whether to provide us with your location data associated with your use of the App.
Usability Information. This may include, for example:
Information about your interactions with our Services, including how often and how well you use our Services, inhaler technique, and information in cookies and similar technologies; and
Information about how you access our Services, including your browser or operating system and your Internet Protocol (“IP”) address.
Personal Information from Third Party Sources. We may receive Personal Information about you from third party sources, such as health professionals, business partners and publicly or commercially available sources. This could include, for example, with your permission, usage data from the Google Play Store and Apple App Store.
Our website uses Google Analytics to help us analyze how users use the website and target users with appropriate advertisements. The information generated by the cookie about your use of the website (including your IP address) will be transmitted to and stored by Google. Read about Google’s privacy practices.
You can instruct your browser to refuse all cookies or to indicate when a cookie is being sent. The Help feature on most browsers provide information on how to accept cookies, disable cookies or to notify you when receiving a new cookie. If you do not accept cookies, you may not be able to use some features of our Services. To learn more about cookies and similar technologies, please visit www.allaboutcookies.org.
PERSONAL INFORMATION USE
We may use your Personal Information for the following purposes:
To provide and improve our Services. We may use your Personal Information to provide Services that you request, complete your registration, process and complete transactions, sync our App with your inhaler device, and send you updates about our Services or other related information.
Build and maintain our relationship with you. We may use your Personal Information to provide support for the Services, including resolving issues and responding to your questions and feedback.
Personalize your experience on the Services. We may use your Personal Information to gain a better understanding of your use of our Services and your preferences so we can improve and offer products, Services, and marketing to better serve you.
To comply with the legal obligations and respond to legal proceedings. We may use your Personal Information to comply with our legal obligations, including maintaining records of our compliance with federal and state law requirements. We may use your
Personal Information to comply with lawful requests and legal process, such as to respond to subpoenas or requests from government authorities, and to establish, exercise, or defend against legal claims.
To send marketing communications. With your consent, we may use your Personal Information for marketing purposes, such as to send you communications (including email as permitted by law) about promotions, upcoming events, and other news about products and Services offered by us. You can opt-out of our marketing and promotional communications at any time (see the “Your Privacy Choices” section).
We may use your information for other purposes consistent with the context of the collection of your Personal Information, as otherwise disclosed to you at the time your Personal Information is collected, or with your consent. We may also take steps to de-identify your Personal Information so that it no longer can be used to identify you. We may use such de-identified information for any lawful purposes, including sharing it with third parties. If we de-identify personal information, we will take steps to not re-identify that data unless required by applicable law to do so.
PERSONAL INFORMATION DISCLOSURE
We may disclose your Personal Information to the following parties:
Health Professionals. With your consent, we may disclose your Personal Information to your health care providers (doctors, nurses, etc.) and others involved in providing you with medical care. BreatheSuite does not directly provide medical or clinical services and does not directly employ any providers. However, we may share information you enter into the App, as well as any reports generated by the Services based on the information you enter, with providers involved in your treatment.
Service Providers. We may disclose your Personal Information with service providers, who help us provide our Services. These service providers are contractually bound to protect your Personal Information and to use it only for the limited purpose(s) for which it is shared with us. Service Providers’ use of Personal Information may include, but is not limited to, the provision of services such as data hosting, IT services, customer service, performance measurement services, pharmacies or other providers of medication, data optimization services, and our legal and financial advisors. Such service providers may have access to Personal Information according to their roles and purposes and may only use the information for such purposes.
Advisory Service Providers. We may share your Personal Information with third parties that provide us services, including but not limited to, our lawyers, auditors, accountants, or banks, when we have a legitimate business interest in doing so.
Business Transfer. We may share your Personal Information in the event of a reorganization, merger, sale, joint venture, assignment, transfer, or other disposition of all or any portion of BreatheSuite’s corporate entity, assets, or stock (including in connection with any bankruptcy or similar proceedings).
Other Third Parties. With your consent, we may share your Personal Information with a third party other than as described above.
RETENTION & SECURITY OF PERSONAL INFORMATION
We retain Personal Information about you for as long as necessary to provide you with our Services. In some case we retain
Personal Information for longer, if doing so is necessary to comply with our legal obligations or to resolve disputes or collect fees owed. We may further retain information in a de-identified or aggregated form where that information may not be traced back to you.
We have implemented physical, technical, organizational and administrative security measures based on the type of Personal Information that we collect and how we process that information. Although we work to protect the security of your information that we hold in our records, please be aware that no method of transmitting information over the Internet or storing information is completely secure.
INTERNATIONAL TRANSFERS OF PERSONAL INFORMATION
Depending on your location, your information may be transferred to, processed, and stored in locations where BreatheSuite and its services providers operate in accordance with this Privacy Notice and applicable laws, including Canada and the United States.
By using our Services or providing us with your Personal Information, you understand that your information will be collected from and processed in countries where BreatheSuite and it service providers operate, which jurisdictions may have different privacy laws than your home jurisdiction. As a result, you acknowledge that your Personal Information may be accessible to law enforcement, courts and regulatory authorities in accordance with laws applicable in the jurisdictions in which Breathesuite operates. When transferring data internationally, we take steps to comply with any legal requirements for the transfer of Personal Information.
If changes occur to our data transfers, you will be notified and your consent will be obtained. You are can contact us to learn more about the legal basis of Data transfers to a country outside of Canada by contacting BreatheSuite’s privacy officer at email@example.com.
YOUR PRIVACY CHOICES
Email Communications. You may opt-out of receiving newsletters, promotional emails and other marketing communications from us at any time by following the unsubscribe link in the footer of the email or by contacting us at firstname.lastname@example.org. Please be aware that, even if you unsubscribe from marketing emails, you will continue to receive emails from us concerning legal matters, in connection with your registration, and other important topics related to your use of the Services.
Voice Calls, Texts and SMS Messages. You may have the opportunity to receive occasional voice, text and SMS messages from us to receive updates on our Services, or about Services that we think may be of interest to you. Message frequency will vary. By providing your phone number and opting in to receive text messages, you expressly consent to receive these communications, including automated text messages to the phone number that you provide. Consent to receiving text messages is not required in order to receive products or services from us. Message and data rates may apply, and your carrier’s rates will apply. You can opt out of receiving future text messages or receive help by following the directions in the text message you receive. International rates may apply depending on your location. We may disclose your mobile phone number to service providers with whom we contract in order to send you automated text messages, but we will not disclose your mobile phone number to third parties for their own marketing purposes without your express consent. Opting out of calls, texts and SMS messages does not mean we will not contact you about your account.
Do Not Track. Some web browsers include a Do Not Track (“DNT”) feature setting you can activate to signal your privacy preference not to have data about your online browsing activities monitored and collected. We are committed to providing you with meaningful privacy choices about the information collected through the Site. However, like many websites, our Site is not currently designed to recognize a DNT browser signal.
UPDATING YOUR INFORMATION
If you wish to amend or update your information you may do so via the settings function in your account page.
YOUR PRIVACY RIGHTS
As a user of the Services, we provide you with certain rights with respect to your Personal Information. Specifically, users of the Services, to the extent applicable based on the Personal Information you share or that we collect about you, may have the right to:
Withdraw your consent at any time - You have the right to withdraw consent where you have previously given consent to the processing of your Personal Information.
Object to the processing of your information – As a general rule, you have the right to object, at any time and on legitimate grounds relating to your particular situation, to the processing of your Personal Information. Provided that such objection is justified, we will no longer process the Personal Information concerned unless we can demonstrate compelling legitimate grounds for the processing which override your interests.
Access your information - You have the right to learn if your Personal Information is being processed by BreatheSuite, obtain disclosure regarding certain aspects of the processing and obtain a copy of the Data undergoing processing.
Verify and seek to ensure your information is accurate and complete - You have the right to verify the accuracy of your Personal information and ask for it to be updated or corrected. In certain cases you can make edits to your own information directly in the App, such as updating your prescription information.
Have your personal information deleted or otherwise removed - You have the right, under certain circumstances, to obtain the erasure of your Data from BreatheSuite.
Limit the processing of your information – You have the right to obtain restriction of processing in certain situations. When you have obtained a restriction of the processing of your Personal Information, you will be informed prior to the lifting of such restriction.
Lodge a complaint and/or challenge compliance - You have the right to lodge a complaint with the competent supervisory authority.
Data portability – In cases where the data processing is based on your consent or on your contract, and where such processing is carried out by automated means, you can request us (i) to communicate to you the Personal Information concerning you, in a structured, commonly used and machine-readable format, in order to be able to further transmit such personal data to another data controller, or (ii) to directly transmit such Personal Information to such other data controller, if technically feasible. However, we can refuse such request if the processing concerned is necessary for the performance of a task carried out in the public interest or if responding to such request risks to adversely affect the rights and freedoms of others.
HOW TO EXERCISE YOUR RIGHTS
Step 1: Submit a request to us by contacting us at email@example.com. For us to respond to your request, please provide sufficient information that allows us to reasonably verify you are the person about whom we collected personal information or an authorized representative and describe your request with sufficient detail that allows us to properly understand, evaluate, and respond;
Step 2: We will review your request and get back to you if we have further questions/comments; and
Step 3: We will respond to your request within 10 business days.
California Resident Rights. California Civil Code Section 1798.83, also known as the “Shine The Light” law, permits our users who are California residents to request and obtain from us, once a year and free of charge, information about categories of personal information (if any) we disclosed to third parties for direct marketing purposes and the names and addresses of all third parties with which we shared personal information in the immediately preceding calendar year. You may submit that request to firstname.lastname@example.org. However, please be aware that we do not disclose your Personal Information to third parties for their own direct marketing purposes.
Nevada Resident Rights. If you are a resident of Nevada, you have the right to opt out of the sale of certain Personal Information to third parties who intend to license or sell that Personal Information. You can exercise this right by contacting us at email@example.com. Please note, however, that we do not sell Personal Information at this time. If this were to change, we will update our Privacy Notice.
We do not knowingly collect or solicit Personal Information about children under sixteen (16) years of age; if you are a child under the age of 16, please do not attempt to register for or otherwise use the Services or send us any Personal Information. If we learn that we have collect Personal Information from a child under 16 years of age, we will delete that information. If you believe that a child under 16 years of age may have provided Personal Information to us, please contact us at firstname.lastname@example.org.
BREATHESUITE PRIVACY NOTICE MAY CHANGE OVER TIME
Breathesuite may change this Privacy Notice from time to time. If we make material changes to this Privacy Notice, we will attempt to notify you and/or obtain your consent, as required by applicable law. Breathesuite recommends to users that they periodically review this Privacy Notice.
BREATHESUITE PRIVACY CONTACT INFORMATION
For more information about BreatheSuite’s Privacy Notice, how we collect, use or disclose Personal Information, or to terminate Services, please contact BreatheSuite’s Privacy Officer at: