· 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.
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.
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:
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.
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.
State-Specific Privacy Notices
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.
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 email@example.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 firstname.lastname@example.org or call us at 1-800-462-1045. You must provide your first name, last name, and email address in your request.
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.
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:
Mail: Electromed, Inc
500 6th Avenue Northwest
New Prague, MN 56071