Description of Users and Acceptance of Terms
The Information We Collect and/or Receive
1. Personal Information
When you sign up to use the Services as a User, Provider or a Caregiver you will be required to provide us with certain personal information about yourself, such as, your first and last name, and e-mail address.
If you would like to use the App as a User, you may be required to purchase a subscription from one of our Sites and you will need to download the App from the Apple, Android or any other app store through which the App is made available to you. You will also need to create an account on our ecommerce Site prior to purchasing your App subscription and a separate BreathSmart account in order to download, set up and use our App. During the subscription purchase, account registration and App setup process, you will be asked to create a login ID and password and provide personal information about yourself, such as your first name, last name, e-mail address, postal address, height, weight, and date of birth. If you are purchasing a subscription to the App for your child User, you or your child will be required to enter the same types of information for the intended User. If you use our ecommerce Site to purchase Devices and subscriptions to our App, you will also need to provide credit card or other payment account information, as well as a billing and shipping address and telephone number.
If you would like to know more about our company or are interested in trying our products, you will need to provide your name, e-mail address, and age.
All information we collect and/or receive under this section is collectively called “Personal Information.”
We do not collect any Personal Information from you when you use the Platform unless you provide us with the Personal Information voluntarily.
2. Health Information
When you sign up to use the App as a User, you will also be asked to provide us with background health information that relates to your past, present, or future physical or mental health or condition, including but not limited to, medications, medication schedule, medication usage history, and spirometry data. When you use the App paired with one or more HeroTracker Bluetooth-enabled medication inhaler sensors, the App will collect and log information regarding the dates and times when you use your inhaler and related medications as well as any information you log regarding your symptoms, lung function, environmental conditions, or other triggers for attacks. If you use our App with a paired mSpirometer lung function sensor, the App will also collect and record spirometry data to help you monitor your lung function over time. This data will include measurements of peak flow, FEV1, FVC and other clinical metrics. All of the foregoing information described in this paragraph is referred to collectively as “Health Information”). Your Health Information is shared with Providers and Caregivers. You may add and remove Providers and Caregivers by the following steps: 1. Scroll to the More Section in the App, 2. Click on Caregiver, 3. Select Caregiver, 4. Click Delete, 5. Are you sure you want to delete caregiver? 6. Delete or Cancel
3. Geolocational Information
In order to provide certain features and functionality of the App, we may, with your consent, automatically collect geolocational information from your mobile device, your wireless carrier, or certain third-party service providers (“Geolocational Information”). Collection of such Geolocational Information occurs only when the App is running on your mobile device. You may decline to allow us to collect such Geolocational Information, in which case Cohero Health will not be able to provide certain features of the App to you.
4. Other Information
In addition to information noted above, we may collect additional information (the “Other Information”). Such Other Information may include:
(a) From Your Activity.
Information that we automatically collect when you use the Platform, including, without limitation:
IP addresses, browser type and language, referring and exit pages and URLs, date and time, amount of time spent on particular pages, what sections of the Platform you visit, etc.;
Information about a mobile device, including universally unique ID (“UUID”), App type and version (e.g., iOS or Android), carrier and country location, hardware and processor information (storage, chip speed, camera resolution, NFC enabled, and network type (Wi-Fi, 2G, 3G, 4G);
Activity and usage information occurring via the Platform, including tagging data, favorites, preferences, session lengths; and similar data
(b) From Cookies.
We collect information using “cookie” technology. Cookies are small packets of data that a website stores on your computer’s or mobile device’s hard drive so that your computer will “remember” information about your visit. We may use both session cookies (which expire once you close your web browser) and persistent cookies (which stay on your computer until you delete them) to help us collect Other Information and to enhance your experience using the Platform. If you do not want us to place a cookie on your hard drive, you may be able to turn that feature off on your computer or mobile device. Please consult your Internet browser’s documentation for information on how to do this and how to delete persistent cookies. However, if you decide not to accept cookies from us, the Platform may not function properly.
(c) Third Party Analytics.
For more information on our third-party analytics providers, including how to opt out from certain data collection, please visit the following links:
For Crashlytics, please visit: https://get.fabric.io
Please be advised that if you opt out of any service, you may not be able to use the full functionality of the Platform.
Information Collected by or Through Third-Party Companies
Treatment and Use of Health Information and Personal Information; Sharing Authorization
The App provides Users with the ability to provide information to their Providers and Caregivers. Users’ provision of information to their Providers and Caregivers through the App may include Health Information and Personal Information. You (and not Cohero Health) are solely responsible for reviewing and approving any Providers and Caregivers before deciding whether to share your Health Information and Personal Information with such Providers or Caregivers.
As a User of the App, you hereby authorize Cohero Health to make the following disclosures and uses of your Health Information and Personal Information, in addition to the specific uses set forth in the “How We Use and Share the Information” section below:
Cohero Health may disclose Health Information and Personal Information to those Providers and Caregivers to whom you have granted access to view your Health Information.
Cohero Health may use Health Information and Personal Information as necessary in connection with the purposes described in the section below entitled “How We Use and Share Your Information.”
How We Use and Share the Information
We use Personal Information, Geolocational Information, and Other Information (collectively, the “Information”) to process, confirm and fulfill orders for our Devices and App subscriptions; to enable Users to track their medication use and lung function over time, log their symptoms, triggers and environmental conditions and share related reports and information with authorized Providers and Caregivers; to facilitate communications among Users, Cohero, Providers and Caregivers; to provide medication and other reminders, environmental alerts and insights; to provide, analyze and improve our Platform and our Services; to solicit your feedback; and to inform you about our company, products and services and those of our third-party marketing partners. We may also use any information we collect for any other purpose disclosed at the time of collection or to which you consent.
You also authorize us to use and/or share your Information as described below.
Agents, Providers and Related Third Parties. We may engage other companies and individuals to perform certain business-related functions on our behalf. Examples may include providing technical assistance, order fulfillment, payment processing, analytics, customer service, and marketing assistance. These other companies will have access to the Information only as necessary to perform their functions and to the extent permitted by law. We may also share your Information with any of our parent companies, subsidiaries, or other companies under common control with us.
Payment Processing. For online payments, we use the payment services of Authorize.Net. We do not process, record or maintain your credit card or other payment account information. For more information on how payments are handled, or to understand the data security and privacy afforded such information, please refer to https://www.authorize.net/company/privacy/.
Aggregated Information. In an ongoing effort to better understand our users and our Platform, we might analyze and otherwise use your Information in aggregate form in order to operate, maintain, manage, and improve the Platform and our Services. This aggregate information does not identify you personally. We may share this aggregate data with our affiliates, agents, and service providers. We may also disclose aggregated user statistics in order to describe our Platform and Services to current and prospective business partners and disclose aggregated data to other third parties for other lawful purposes.
De-identified Information. We may analyze and otherwise use your Information in de-identified form and we may share this de-identified data with our affiliates, agents, and service providers. We may also disclose this de-identified data to current and prospective business partners and to other third parties for other lawful purposes.
Business Transfers. As we develop our businesses, we might sell or buy businesses or assets. In the event of a corporate sale, merger, reorganization, sale of assets, dissolution, bankruptcy or similar event, your Information may be part of the transferred assets.
Legal Requirements. To the extent permitted by law, we may also disclose your Information: (i) when required by law, court order, or other government or law enforcement authority or regulatory agency; or (ii) whenever we believe that disclosing such information is necessary or advisable, for example, to protect the rights, property, or safety of Cohero Health or others.
Accessing and Modifying Information and Communication Preferences
If you have provided us any Personal Information, you may access, remove, review, and/or make changes to the same by contacting us at firstname.lastname@example.org. In addition, you may manage your receipt of marketing and non-transactional communications by clicking on the “unsubscribe” link located on the bottom of any Cohero Health marketing e-mail. We will use commercially reasonable efforts to process such requests in a timely manner. You should be aware, however, that it is not always possible to completely remove or modify information in our subscription databases.
How We Protect the Information
We take commercially reasonable steps to protect your Information from loss, misuse, and unauthorized access, disclosure, alteration, or destruction. Please understand, however, that no security system is impenetrable. We cannot guarantee the security of our databases or the databases of the third parties with which we may share such information, nor can we guarantee that the information you supply will not be intercepted while being transmitted over the Internet. In particular, e-mail sent to us may not be secure, and you should therefore take special care in deciding what information you send to us via e-mail.
We will not require a child User to disclose more Personal Information or Health Information than is reasonably necessary to enable your child to participate in any activities offered through our Services. If you are designated as your child’s Caregiver through your child’s App settings, you will be able to access and review much of the Personal Information and Health Information that we collect from your child through the Services via your Dashboard. You can also can request to review all of your child’s Personal Information and Health Information and direct us to delete or refuse to allow any further collection, use or sharing of such information by contacting us at email@example.com. You can also use the same email address to direct us to disable the sharing of your child’s Personal and Health Information with particular Providers or Caregivers, while continuing to agree to the collection and use of your child’s information to provide the Services to you and your child. We reserve the right to condition your access to and ability to manage your child’s information on the completion of steps reasonably calculated to verify your identity and relationship to the applicable child User.
The operator of our App is Cohero Health, Inc., 12 E. 49th Street, New York, NY 10017, telephone, 1- 833-426-4376, email address: firstname.lastname@example.org
Important Notice to Non-U.S. Residents
The Platform, the Services and their servers are operated in the United States. Please be aware that your Information, including your Personal Information, may be transferred to, processed, maintained, and used on computers, servers, and systems located outside of your state, province, country, or other governmental jurisdiction where the privacy laws may not be as protective as those in your jurisdiction. If you are located outside the United States and choose to use the Platform and/or the Services, you hereby irrevocably and unconditionally consent to such transfer, processing, and use in the United States.
Cohero Health, Inc., 12 E. 49th Street, New York, NY 10017
In addition, Cohero Health does not monitor, recognize, or honor any opt-out or do not track mechanisms, including general web browser “Do Not Track” settings and/or signals.
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