Electromed Mobile App Digital Privacy Policy

This privacy policy describes (i) how we collect, use and share the information that you provide to us through the mobile app; (ii) how you can exercise applicable privacy rights. Please read this privacy policy before using any Electromed mobile apps.

This privacy policy covers the operation of Electromed and, except when otherwise specifically stated in connection with a particular activity, applies to any information collected by Electromed about you, including any and all information provided or collected on mobile applications, devices, or other online service that displays, links to, or references this privacy policy (each of these collectively referred to as “Services” or “Electromed Services” or “SmartVest Services”, and individually referred to herein as “Service” or “Electromed Service”). By accessing, using, submitting information through, or otherwise interacting with any of these Services, you agree to the terms of this privacy policy. Whenever you submit information via any of these Services, you consent to the collection, use, and disclosure of that information in accordance with this privacy policy.

This privacy policy does not apply (i) to information collected from you offline (ii) to Electromed websites that do not link to this privacy policy, or (iii) to third-party websites or services to which Electromed websites may link. Your use of these Services is governed by the terms and conditions of use located https://smartvest.com/wp-content/uploads/2017/12/Electromed-Notice-of-Privacy-Practices.pdf.

The following types of information are examples of information that Electromed may collect that is not subject to this privacy policy, but rather to other agreements with you or a third-party governing how it is used for disclosed:

· Information collected via other services, including the SmartVest website, other websites, platforms, phone, email, chat, text message communications, Electromed pages or ads on social media networks, such as our Facebook or Twitter pages;

· Information collected pursuant to a Business Associate Agreement with a HIPAA Covered Entity;

· Information collected in the course of a clinical trial pursuant to an Informed Consent Agreement; and

· Information that you have authorized us to use or disclose under circumstances that are different than those specified in this policy.

Such information will be collected, used, and shared by Electromed as stated in such agreements, rather than those stated in this privacy policy.

Information Collection

Information you provide directly to Electromed through the mobile apps. Electromed collects information that you send via Bluetooth connectivity with your medical device. Electromed collects a variety of information that may qualify as personal information under various laws, including the California Consumer Privacy Act (“CCPA”). We may have collected the following categories of personal information from consumers through the Electromed mobile apps:

Personal Information Category

· Identifiers such as

· Unique personal identifier (e.g. online identifier)

· Email address

· Other similar identifiers

· Mobile operating system (i.e. iOS or Android)

· Version information about the Electromed mobile application

· Current time, date, and timezone of any communications between the mobile apps and Electromed servers

· Various information about the SmartVest device the mobile app is connected to including, but not limited to, SmartVest device identifier, odometer, BLE MAC address, therapy information (completed therapy metadata), and therapy settings stored on the SmartVest device.

· Inferences based on data analytics

Personal Information Source Categories

We obtain the categories of personal information listed above from the following categories of sources:

· Directly from individuals’ interactions with us, including with the devices and software, and mobile applications. For example, Electromed collects that is provided in connection with Electromed Services through the app.

To protect your privacy, you should not provide Electromed with any information that is not specifically requested.

You understand that information you submit through the Electromed mobile apps, devices, and any Electromed platform generally will not be protected under that Health Insurance Portability and Accountability Act of 1996 (“HIPAA”). However, there may be specific features or aspects of the apps that relate to information governed by HIPAA. In such instances, you may be presented within the apps or otherwise with patient directives or HIPAA authorizations that direct or allow medical providers to share information with Electromed.

Automatically Collected Information

Certain information may be automatically collected (that is, gathered without you actively providing the information) using various technologies, such as data collection (log files, server logs).

Third-Party Service Providers

Electromed may use a variety of third-party services to help provide Electromed Services, such as developing and hosting the Electromed mobile apps, to help us understand the use of Electromed mobile apps. We may also collect or otherwise gather information related to you from these third-party service providers. These third-party service providers may collect, store, and share information as further dictated by the privacy policies of those third parties.

Google, Inc. may use the data collected to track and examine the use of our mobile apps to prepare reports on its activities and share them with other Google, Inc. services. We may use Fabric and Crashlytics and its integration into Firebase in certain parts of our apps, each of which are subject to Google's privacy policy. Google, Inc. may also use the data collected to contextualize and personalize the ads of its own advertising network to serve ads to you based on your visit to our websites and other sites on the Internet. You may view Google’s privacy policy here: https://policies.google.com/privacy?hl=en, with more information located here: https://www.google.com/policies/privacy/partners/ (including information regarding how to control how information is shared through your Ads Settings) and here: https://support.google.com/analytics/answer/6004245?hl=en

Information Storage

Electromed may store any of the information collected pursuant to this privacy policy on its own servers or those of its vendors. Personal information you provide by filling out forms in our mobile apps or in connection with Electromed Services may be used to provide and enhance the Electromed mobile apps and as otherwise indicated in this privacy policy.

Collected Information Use and Disclosure

We have used or disclosed the personal information we collect for our operational purposes and for one or more of the following business purposes:

• To develop, provide and improve products and services to consumers
• To respond to consumer requests
• To provide customer service
• To enhance products and Electromed mobile apps
• To develop and maintain records, including records of consumers’ personal information
• For analytical purposes and to research, develop, and improve programs, products, services and content
• For activities to monitor and maintain the quality or safety of our products and the Electromed mobile apps
• For activities described to consumers when collecting their personal information or as otherwise permitted under CCPA
• To conduct audits and perform troubleshooting activities of our products and mobile apps
• To detect and protect against security incidents and deceptive, malicious, or fraudulent activity
• To protect someone's health, safety or welfare
• To ensure the products and mobile apps, and other Electromed Services function as intended, including debugging and repairing
• To combine with other information and to create data that does not have any personal identifiers, such as names, e-mail address, or social security number, that identify you as a unique individual. Once we have de-identified information, it is non-personal information and we may treat it like other non-personal information.
• For training purposes
• For verifying customer information
• Evaluating patient services representatives
• To comply with a law or regulation, court order or other legal process or to protect our rights or property, including without limitation to enforce this privacy policy and other terms and conditions regarding your use of the Electromed Services. We may use and disclose personal information in special instances when we have reason to believe disclosing this information is necessary to investigate, identify, contact, or bring legal action against someone who may be causing injury to or interfering with our rights or property, other website visitors, or anyone else. We may disclose visitor information when subpoenaed, if ordered or otherwise required by a court of law, arbitrator, or other similar proceeding or the rules governing such a proceeding, for government investigations, with government agencies if required by law, and when Electromed otherwise believes in good faith that any applicable law requires it.
• If you are enrolled in a clinical study, as described in the clinical study informed consent.
• We also may disclose personal information to any other person with your consent.

How we share Personal Information

Electromed may share personal information with any member of our corporate group.

In the ordinary course of business, we will share some personal information with companies that we hire to perform services or functions on our behalf such as technology service providers and security service providers.

We may be required to release consumers’ personal information in response to a court order, subpoena, search warrant, law, regulation, or government investigation. In addition, we may keep, disclose, and use consumers’ personal information to comply with U.S. FDA and other governmental guidance, directions, regulations, and laws.

Security

We use reasonable measures to help protect information from loss, theft, misuse and unauthorized access, disclosure, alteration and destruction. You should understand that no data storage system or transmission of data over the Internet or any other public network can be guaranteed to be 100 percent secure. Please note that information collected by third parties may not have the same security protections as information you submit to us, and we are not responsible for protecting the security of such information.

International Transfers

By using our mobile apps and providing us with information, you understand and agree that your information may be transferred to and stored on servers located outside your resident jurisdiction and, to the extent you are a resident of a country other than the United States, that you consent to the transfer of such data to the United States for processing by us in accordance with this privacy policy.

State-Specific Privacy Notices

California

This notice for California residents supplements the information contained in our privacy policy and applies solely to residents of the State of California. Under the CCPA, you have certain rights in relation to some of your personal information, including the right to certain disclosures and explanations of rights. This section explains your rights under California law.

California consumers have the right to request that we disclose the personal information we collect, use, disclose, and sell. Please see the Submit a Request section below to request the personal information we collect, use, and disclose. Please also review the information generally in this policy regarding the categories of personal information we collect, the sources of personal information, the business or commercial purposes for which personal information is used, and the categories of third parties with whom personal information is shared.

The CCPA states it does not apply to a variety of types of information, such as health or medical information covered by the Health Insurance Portability and Accountability Act of 1996 (HIPAA) and the California Confidentiality of Medical Information Act (CMIA) or clinical trial data.

No personal information gathered by Electromed is sold.

Rights under California Law:

1. Right to Know. If you are a California consumer, you have the right to ask us to disclose to you the following information up to two times in a twelve-month period:

§ The categories of personal information we have collected about you.

§ The categories of sources from which we collected the personal information.

§ Our business or commercial purpose for collecting personal information.

§ The categories of third parties with whom we share personal information.

§ What categories of personal data we disclose about you for business purposes.

§ What categories of personal information we sell about you.

§ The specific pieces of personal information we have collected about you, subject to certain limitations under CCPA regulations.

2. Right to Delete. If you are a California consumer, you have the right to ask us to delete the personal information about you we have collected. We may deny the request based on applicable exemptions.

3. Right to Opt-out. If a business sells personal information to third parties, California consumers have the right, at any time, to opt-out of the sale or disclosure of their personal information to third parties. Electromed does not sell personal information to third parties.

Nevada

Electromed will not sell personal information, but does offer an opt-out to sales of your data in an overabundance of caution to ensure compliance with Nevada law. Verified requests under Nevada law (NRS 603A) to not make any sale of any covered information we have collected or will collect regarding you may be sent to customerservice@electromed.com. Please include in your email "Request for Nevada Opt-Out" in the subject line and in the body of your message and please indicate in the body of your e-mail that the message is Attn: Regulatory.

Submit a Request

To request to know the personal information gathered about you or request to delete your personal information, please email customerservice@electromed.com or call us at 1-800-462-1045. You must provide your first name, last name, and email address in your request.

Authorized Agent

You may designate an authorized agent to make a request under the CCPA on your behalf. To be able to act, authorized agents must submit proof that they are authorized to act on your behalf. We may deny requests from claimed authorized agents who do not submit adequate proof that they are authorized to act on your behalf.

Verifying Requests

To help protect your privacy and maintain security, we will take steps to verify your identity before complying with your requests. For example, for requests to know and delete, we will attempt to match your identity to the information stored in our files. If we cannot, we will ask you to provide additional identifying information. We will use information you provide in your request for the purpose of verifying your identity or authority to make the request.

Right to Non-Discrimination

You have the right not to receive discriminatory treatment by Electromed for exercising privacy rights conferred by the CCPA.

Electromed Contact Information

If you have questions about our use of personal information, please contact us by any of the following:

Email: customerservice@electromed.com

Mail: Electromed, Inc

Attn: Regulatory

500 6^th Avenue Northwest

New Prague, MN 56071

Phone: 1-800-462-1045

Privacy Policy Changes

Electromed reserves the right to amend this privacy policy without prior notice for any reason including without limitation to reflect technological advancements, legal and regulatory changes, and good business practices. Please check back periodically, and especially before you provide any personal information.

This privacy policy was last updated and is effective on 27 October 2022.