Effective Date: September 20, 2019

Your use of the Pulmonaer mobile app (the “App”) provided by Pulmonaer Analytics, LLC (“Pulmonaer”) and any related services is subject to this Privacy Policy (available in your profile setup page within the App and at www/asthmainsight.com) as this Privacy Policy may be modified from time to time as described below, (this “Policy“). You understand that by using the App, you agree to use the App only in accordance with the applicable End User License Agreement (the “EULA”). If you do not accept this Privacy Policy or the EULA, do not use the App.

    1. Definitions. This Privacy Policy uses the following definitions:
      1. “Business Associate Agreement” means a formal written contract between Pulmonaer and a Covered Entity requiring Pulmonaer to comply with certain standards related to handling PHI received from that Covered Entity in accordance with HIPAA.
      2. “Covered Entity” or “Provider” means each patient’s health care provider that must comply with HIPAA.
      3. “Protected Health Information” or “PHI” includes all “individually identifiable health information” that is created, transmitted or maintained in any form or medium by Pulmonaer on behalf of a Covered Entity. Individually identifiable health information is any information that can be used to identify an individual and that was created, used, or disclosed in (a) the course of providing a health care service such as diagnosis or treatment, or (b) in relation to the payment for the provision of health care services.
      4. “HIPAA” means the Health Insurance Portability and Accountability Act of 1996 and the regulations issued thereunder, and the Health Information Technology for Economic and Clinical Health Act and the regulations issued thereunder.
    2. Use of the App. By using the App, you acknowledge and agree that Pulmonaer is not providing health care services to or on behalf of you or your Provider through your use. Regardless of whether you are the patient or a Provider, you acknowledge and agree that the App serve only as a supplement to each Provider’s care and you should not rely on the accuracy, delivery or receipt of any information transmitted or attempted to be transmitted by or through the App, including PHI, for any purpose including without limitation, the purpose of communicating medical conditions or making medical judgments or diagnoses. You agree to verify all information provided through the App with your Provider or patient to verify its accuracy and completeness and use a method of communication other than the App whenever there is an urgent need for delivery or receipt. You further agree to allow Pulmonaer or its designees to remotely monitor your use of the App and collect operational data and usage regarding the App to assist in the development and improvement of the App.
    3. Use of PHI. Pulmonaer may use PHI for our management, administration, data aggregation and legal obligations to the extent such use is permitted or required by the Business Associate Agreement and applicable law. Pulmonaer may use or disclose PHI on behalf of, or to provide services to, Covered Entities for purposes of fulfilling Pulmonaer’s obligations to such Covered Entities, if such use or disclosure of PHI is permitted or required by the Business Associate Agreement and would not violate HIPAA.In the event that PHI must be disclosed to a subcontractor or agent, Pulmonaer will ensure that the subcontractor or agent agrees to abide by the same restrictions and conditions that apply to Pulmonaer under the Business Associate Agreement with respect to PHI, including the implementation of reasonable and appropriate safeguards.Pulmonaer may also use PHI to report violations of law to appropriate federal and state authorities.
    4. Mitigation of Harm. In the event of a use or disclosure of PHI that is in violation of the requirements of the Business Associate Agreement, Pulmonaer will mitigate the effect resulting from the violation in accordance with HIPAA and the Business Associate Agreement.
    5. Access to PHI. As provided in the Business Associate Agreement, Pulmonaer will make available to Covered Entities, information necessary for Covered Entity to give individuals their rights of access, amendment, and accounting in accordance with HIPAA regulations.
    6. Non-PHI Personal Information. Pulmonaer may distribute information or data which does not constitute PHI, including information that may personally identify you to the extent is it not PHI, to our partners so that we may better serve your needs. Such information collaboration may help with our marketing activities, such as direct mailers, online notifications, and distribution of promotional offers. Your personal information will also help Pulmonaer provide technical software support, to allow us to notify you of upgrades, discounts, or other benefits that may be made available to registered users.
    7. Consent to Use of Data. You grant to Pulmonaer, and, if you are the patient, to your Provider a worldwide, royalty-free, irrevocable, non-exclusive right and fully sub-licensable license during your use and for a reasonable time thereafter to use, copy, reproduce, modify, adapt, translate, archive, store, and create derivative works from any information or data which does not constitute PHI which you provide to Pulmonaer through the App, in any form, format, or medium, of any kind now known or later developed for the purposes of evaluating or improving the App. You waive any moral rights you might have with respect to any such data you provide to us. You agree that Pulmonaer may collect, retain and disclose information and data collected from you in accordance with this Policy and applicable law.While Pulmonaer uses appropriate safeguards to protect PHI that is transmitted while using the App in accordance with HIPAA, Pulmonaer does not warrant, to the extent permitted by law, that your PHI will be transported without unauthorized interception or modification or that your data will not be accessed or otherwise compromised by unauthorized third parties.
    8. Accessing, Changing, or Requesting Removal of Your Information. If at any time you would like to request access to or change any PHI or other information that you have provided to Pulmonaer, feel free to contact us at privacy@pulmonaeranalytics.com. Please include your full name, street and email address, and telephone number in any message to ensure Pulmonaer can identify all of your information that Pulmonaer maintains. In certain situations, Pulmonaer may be unable to update or change PHI due to technical restrictions or limitations imposed by the applicable Business Associate Agreement, HIPAA, or other applicable law.
    9. Children’s Privacy. The App is not intended for use by children under 13 years of age. No one under age 13 may provide any personal information to or through the App. Pulmonaer does not knowingly collect personal information from children under 13. If you are under 13, do not use the App. If Pulmonaer learns that it has collected or received any personal information from a child under 13 other than in accordance with law, Pulmonaer will delete that information.
    10. Amendments. This Policy may be amended by Pulmonaer at any time and such changes shall be immediately effective upon posting the same within the App as described above and at www.asthmainsight.com. If you do not agree to any amendment, your sole remedy is to cease using the App. If you continue to use the App, then you will be deemed to have accepted the amendments.
    11. Contact. If you have any questions or concerns about this Policy or the App then please contact privacy@pulmonaeranalytics.com.