Privacy Policy

SWAN SOLUTIONS PRIVACY POLICY

LAST UPDATED: June 14, 2014

The http://www.swanmedical.com website, the SleepDesk™, Jet Lag Rooster App, the SleepCoach™ App and the http://www.sleepcoach.com website are owned by SWAN Solutions, LLC (“SWAN Sleep Solutions,” “SWAN Solutions,” or “SWAN”).  SWAN Solutions, LLC is concerned about privacy issues and wants you to be familiar with how we collect, use and disclose information. This Privacy Policy describes our practices in connection with information that we collect through software applications (including mobile applications) and websites (including the websites currently located at http://www.sleepcoach.com/ and http://www.swanmedical.com/) that we operate and that contain or link to this Privacy Policy (such applications and websites, the “Applications“).

By downloading, accessing or using the Applications, or providing information to us in connection with the Applications, you agree to the terms and conditions of this Privacy Policy. This Privacy Policy does not address, and we are not responsible for, the privacy, information or other practices of any third party, including our third-party service providers (including cloud service providers such as Amazon Web Services LLC), any healthcare providers and, if applicable, Apple, Inc. Please note that the Applications may include the ability to access and submit certain information directly to third-party services such as Microsoft HealthVault and the Jet Lag Rooster website. Such information is submitted by you directly to such services; this Privacy Policy does not apply to, any information submitted by you to such services. We may change this Privacy Policy at any time. Please take a look at the “Last Updated” legend at the top of this page to see when this Privacy Policy was last revised. Any changes to this Privacy Policy will become effective when we make the revised Privacy Policy available through the Applications. Your use of the Applications or the submission of any information in connection with the Applications following such changes means that you accept the revised Privacy Policy.

JURISDICTIONAL ISSUES

The Applications are controlled by us from the United States; accordingly, this Policy, and our collection, use and disclosure of your Personal Information and Protected Health Information, is governed by U.S. law, and not by the laws of any country, territory or jurisdiction other than the United States. We do not represent or warrant that the Applications, or any functionality or feature thereof are appropriate or available for use in any particular jurisdiction. Those who choose to access or use the Applications do so on their own initiative and at their own risk, and are responsible for complying with all local laws, rules and regulations. By using the Applications and submitting any Personal Information or Protected Health Information, users from outside the United States acknowledge that the Applications are subject to U.S. law and consent to the transfer of Personal Information and Protected Health Information to the United States, which may provide a different level of data security than in their country of residence, and waive any claims that may arise under their own national laws.

PERSONAL INFORMATION

Personal Information We May Collect

Personal Information” is information that identifies you as an individual. We and our service providers may collect the following Personal Information from you:

  • Name
  • Telephone  number
  • E-mail address
  • Insurance health plan membership number (if applicable)

In addition to Personal Information, Protected Health Information and Non-Personal Information, as defined below, may be collected in connection with the Applications. The collection, use and disclosure of such information is addressed separately below, under the headings “PROTECTED HEALTH INFORMATION” and “NON-PERSONAL INFORMATION.”

How We May Use Personal Information

We and our third-party service providers may use Personal Information:

  • To respond to your inquiries and fulfill your requests, such as to send newsletters to you.
  • To send to you administrative information, including information regarding the Applications and changes to our terms, conditions and policies.
  • To schedule and provide services related to the scheduling of your appointments, for example, to send to you appointment reminders; communicate with you and your healthcare providers regarding your appointments and related services provided by your healthcare provider; obtain or facilitate payments for appointments and related services provided by your healthcare provider; and provide you with related customer service.
  • To send to you marketing communications that we believe may be of interest to you.
  • To allow you to send messages to a friend through the Applications (please note that, by using such functionality, you are agreeing that you have the right to provide to us your friend’s name and e-mail address for such purpose);
  • To personalize your experience on the Applications by presenting products and offers tailored to you.
  • To allow you to participate in contests, sweepstakes and similar promotions and to administer these activities. Some of these activities have additional rules, which could contain additional information about how we use and disclose your Personal Information, so we suggest that you read these rules carefully; in the event of a conflict between those rules and this Privacy Policy, those rules will govern.
  • For our business purposes, such as quality assessment, data analysis, audits, developing new products, enhancing the Applications, improving our services, identifying usage trends, developing tools which help you assess the performance, competence and qualifications of healthcare professionals and conducting training programs for such professionals, and determining the effectiveness of our promotional campaigns.
  • As we believe to be necessary or appropriate: (a) under applicable law, including laws outside your country of residence; (b) to comply with legal process; (c) to respond to requests from public or government authorities, including public or government authorities outside your country of residence; (d) to enforce our terms and conditions; (e) to protect our operations or those of any of our affiliates; (f) to protect our rights, privacy, safety or property, or that of our affiliates, you or others; (g) at our discretion under emergency circumstances, to notify emergency services or your family members, personal representative or other individuals involved in your care of your location and condition; or (h) to allow us to pursue available remedies or limit the damages that we may sustain.

How Personal Information May Be Disclosed

Your Personal Information may be disclosed:

  • To our third-party service providers that provide services such as hosting of the Applications, data analysis, IT services and infrastructure, customer service, e-mail delivery, auditing and other similar services. Please note that we may use cloud service providers (such as Amazon Web Services LLC) in connection with the hosting of the Applications and the storage of Personal Information, and that we may have limited or no opportunity or ability to impose contractual restrictions on these and other service providers.
  • To healthcare professionals, to schedule and fulfill appointments and provide healthcare services.
  • To our affiliates, for the purposes described for Personal Information in this Privacy Policy, including marketing purposes.
  • To third parties, to permit them to send marketing communications to you.
  • To identify you to anyone to whom you send messages through the Applications.
  • By you, on message boards, forums (including review forums), chat, profile pages and blogs and other pages and services to which you are able to post information and materials. Please note that any information and materials that you post or disclose through these services will become public information, and may be available to other users of the Applications and to the general public. We urge you to be very careful when deciding to disclose your Personal Information, or any other information, on the Applications.
  • To a third party in the event of any reorganization, merger, sale, joint venture, assignment, transfer or other disposition of all or any portion of our business, assets or stock (including in connection with any bankruptcy or similar proceeding).
  • As we believe to be necessary or appropriate: (a) under applicable law, including laws outside your country of residence; (b) to comply with legal process; (c) to respond to requests from public or government authorities, including public or government authorities outside your country of residence; (d) to enforce our terms and conditions; (e) to protect our operations or those of any of our affiliates; (f) to protect our rights, privacy, safety or property, or that of our affiliates, you or others; (g) at our discretion under emergency circumstances, to notify emergency services or your family members, personal representative or other individuals involved in your care of your location and condition; or (h) to allow us to pursue available remedies or limit the damages that we may sustain.

PROTECTED HEALTH INFORMATION

Protected Health Information We May Collect

Protected Health Information” is the combination of Personal Information with information related to physical or mental health conditions, the treatment of such conditions and the payment for such treatment. We and our service providers may collect Protected Health Information in connection with the Applications.

How We May Use Protected Health Information

We and our third-party service providers may use Protected Health Information:

  • To respond to your inquiries and fulfill your requests, such as to send newsletters to you.
  • To send to you administrative information, including information regarding the Applications and changes to our terms, conditions and policies.
  • To schedule and provide related services regarding your appointments, for example, to send to you appointment reminders, communicate with you and your healthcare providers regarding your appointments and healthcare services, obtain or facilitate payments for appointments and healthcare services, and provide you with related customer service.
  • To send to you marketing-related communications that we believe may be of interest to you, if you opt-in to receiving such communications.
  • To personalize your experience on the Applications by presenting products and offers tailored to you, if you opt-in to learning about such products and offers.
  • For our business purposes, such as quality assessment, data analysis, audits, developing new products, enhancing our Applications, improving our services, identifying usage trends, providing feedback to healthcare professionals, developing tools which help you assess the performance, competence and qualifications of healthcare professionals, and determining the effectiveness of our promotional campaigns.
  • As we believe to be necessary or appropriate: (a) under applicable law, including laws outside your country of residence; (b) to comply with legal process; (c) to respond to requests from public or government authorities, including public or government authorities outside your country of residence; (d) to enforce our terms and conditions; (e) to protect our      operations or those of any of our affiliates; (f) to protect our rights, privacy, safety or property, or that of our affiliates, you or others; (g) at our discretion under emergency circumstances, to notify emergency services or your family members, personal representative or other individuals involved in your care of your location and condition; or (h) to allow us to pursue available remedies or limit the damages that we may sustain.

How Protected Health Information May Be Disclosed

Your Protected Health Information may be disclosed:

  • To our      third-party service providers that provide services such as hosting of the Applications, data analysis, IT services and infrastructure, customer service, e-mail delivery, auditing and other similar services. Please note that we may use cloud service providers (such as Amazon Web Services LLC) in connection with the hosting of the Applications and the storage of Protected Health Information, and that we may have limited or no opportunity or ability to impose contractual restrictions on these and other service providers.
  • To healthcare professionals, to schedule and fulfill appointments and provide healthcare services.
  • To our affiliates, for the purposes described for Protected Health Information in this Privacy Policy, including for marketing purposes if you have opted-in to receiving marketing communications.
  • To third parties, to permit them to send marketing-related communications to you if you have opted-in to receiving such communications.
  • To third parties, to the extent that you authorize us to do so.
  • By you, on message boards, forums (including review forums) chat, profile pages and blogs and other services to which you are able to post information and materials. Please note that any information and materials that you post or disclose through these services will become public information, and may be available to other users of the Applications and to the general public. We urge you to be very careful when deciding to disclose your Protected Health Information, or any other information, on the Applications.
  • To a third party in the event of any reorganization, merger, sale, joint venture, assignment, transfer or other disposition of all or any portion of our business, assets or stock (including in connection with any bankruptcy or similar proceeding).
  • As we believe to be necessary or appropriate: (a) under applicable law, including laws outside your country of residence; (b) to comply with legal process; (c) to respond to requests from public or government authorities, including public or government authorities outside your country of residence; (d) to enforce our terms and conditions; (e) to protect our operations or those of any of our affiliates; (f) to protect our rights, privacy, safety or property, or that of our affiliates, you or others; (g) at our discretion under emergency circumstances, to notify emergency services or your family members, personal representative or other individuals involved in your care of your location and condition; or (h) to allow us to pursue available remedies or limit the damages that we may sustain.

NON-PERSONAL INFORMATION

Non-Personal Information We May Collect

Non-Personal Information” is any information that does not reveal your specific identity, such as:

  • Browser information
  • Server log files
  • Information collected through cookies, pixel tags and other technologies
  • Demographic information and other non-personally identifiable information provided by you
  • Aggregated information

How We Collect Non-Personal Information

We and our third-party service providers may collect Non-Personal Information in a variety of ways, including:

  • Through your device: Certain information is collected automatically through your device, such as your operating system name and version, device manufacturer and model, device identifier, language, the name and version of the software application you are using. We use this information to ensure that the Applications function properly and to understand usage of the Applications.
  • Through server log files: Your “IP Address” is a number that is automatically assigned to the device that you are using by your Internet Service Provider (ISP). An IP Address is identified and logged automatically in our server log files whenever a user uses the Applications, along with the time of the use and the pages visited within the Applications. Collecting IP Addresses is standard practice on the Internet and is done automatically by many websites. We use IP Addresses for purposes such as helping to calculate Application usage levels, diagnose server problems and administer the Applications.
  • Using cookies: Cookies allow a server to transfer data to a device for record keeping and other purposes. We and our service providers use cookies and other technologies to, among other things, better serve you with more tailored information and facilitate your ongoing access to and use of the Applications, as well as for online tracking purposes. If you do not want information collected through the use of cookies, there is a simple procedure in most devices that allows you to decline the use of cookies. To learn more about cookies, please visit http://www.allaboutcookies.org/. If you choose to decline cookies, some or all of the features, functionality and promotions available through the Applications may not be available to you.
  • Using pixel tags and other similar technologies: Pixel tags (also known as web beacons and clear GIFs) and other similar technologies may be used in connection with some Applications pages and HTML-formatted e-mail messages to, among other things, track the actions of Applications users and e-mail recipients, measure the success of our marketing campaigns and compile statistics about Applications usage and response rates.
  • Physical Location: We may collect the physical location of your device, for example, using satellite, cell phone tower or WiFi signals. We may use your device’s physical location to provide you with personalized location-based services and content (for example, information regarding local healthcare providers). We may also share your device’s physical location, combined with information about what advertisements you viewed and other information we collect, with our marketing partners to enable them to provide you with more personalized content and to study the effectiveness of advertising campaigns. In some instances, you may be permitted to allow or deny such uses and/or sharing of your device’s location, but if you choose to deny such uses and/or sharing, we and/or our marketing partners may not be able to provide you with the applicable personalized services and content.
  • From you: We may collect demographic information such as your location, as well as other information, such as your preferred means of communication, when you voluntarily provide such information to us. Unless combined with Personal Information, this information does not personally identify you or any other user of the Applications.
  • By aggregating information: Aggregated Personal Information or aggregated Protected Health Information does not personally identify you or any other user of the Applications. For example, we may aggregate Personal Information to calculate the percentage of our users who have a particular telephone area code, and we may aggregate Protected Health Information to calculate the percentage of our users with particular medical conditions.

How We Use and Disclose Non-Personal Information

Because Non-Personal Information does not personally identify you, we may use and disclose Non-Personal Information for any purpose. In some instances, we may combine Non-Personal Information with Personal Information or Protected Health Information (such as combining your zip code with your name, or with your name together with a medical condition). If we combine any Non-Personal Information with Personal Information or Protected Health Information, the combined information will be treated by us as Personal Information or Protected Health Information, as applicable, as long as it is so combined.

THIRD PARTIES

This Privacy Policy does not address, and we are not responsible for, the privacy, information or other practices of any third parties, including our third-party service providers (including cloud service providers such as Amazon Web Services LLC), the Jet Lag Rooster website, any healthcare providers and, if applicable, Apple Inc., and any other third party operating any software application or website to which the Applications contain a link. The inclusion of a link on the Applications does not imply endorsement of the linked software application or website by us or by our affiliates.

THIRD-PARTY ADVERTISERS

We may use third-party advertising companies to serve ads when you visit or utilize the Applications. Please note that these companies may use information about your use of the Applications to provide advertisements about goods and services that may be of interest to you. In the course of serving advertisements to the Applications, these companies may place or recognize a unique cookie on your browser. If you would like more information about this practice, and to know your choices about not having this information used by these companies, please visit http://networkadvertising.org/optout_nonppii.asp.

SECURITY

We seek to use within SWAN Solutions, LLC reasonable physical, technical and administrative measures to protect Personal Information and Protected Health Information under our control. Unfortunately, no data transmission over the Internet or data storage system is guaranteed to be 100% secure. Please also be aware that we may use third-party cloud service providers (such as Amazon Web Services LLC) that provide hosting, data storage and other services pursuant to standard terms and conditions that are generally non-negotiable; accordingly, although we seek to conduct reasonable due diligence on such service providers, we may be unable to impose contractual obligations on them with respect to the measures they use to protect Personal Information and Protected Health Information. If you have reason to believe that your interaction with us is no longer secure (for example, if you feel that the security of any account you might have with us has been compromised), please immediately notify us of the problem by contacting us in accordance with the “Contacting Us” section below.

CHOICES AND ACCESS

Your choices regarding our use and disclosure of your Personal Information and Protected Health Information

We give you many choices regarding our use and disclosure of your Personal Information and Protected Health for marketing purposes. We will not use or share your Protected Health Information for marketing purposes unless you opt-in. If you opt-in to our use or sharing of your Protected Health Information for marketing purposes, you may later change your mind and opt-out.

You may opt-out from:

  • Receiving marketing-related e-mails from us based upon your Personal Information or Protected Health Information: If you no longer want to receive marketing-related e-mails from us on a going-forward basis, you may opt-out of receiving such marketing-related e-mails by sending an e-mail to legal@swanmedical.com. Please specify whether you are opting-out of receiving marketing-related e-mails based upon your Personal Information, your Protected Health Information or both.
  • Our sharing of your Personal Information or Protected Health Information with affiliates for their marketing purposes: If you would prefer that we do not share your Personal Information or Protected Health Information on a going-forward basis with our affiliates for their marketing purposes, you may opt-out of such sharing by sending an e-mail to legal@swanmedical.com. Please specify whether you are opting-out of such sharing of your Personal Information, your Protected Health Information or both.
  • Our sharing of your Personal Information or Protected Health Information with unaffiliated third parties for their marketing purposes: If you would prefer that we do not share your Personal Information or Protected Health Information on a going-forward basis with unaffiliated third parties for their marketing purposes, you may opt-out of this sharing by sending an e-mail to legal@swanmedical.com. Please specify whether you are opting-out of such sharing of your Personal Information, your Protected Health Information or both.

We will try to comply with your request(s) as soon as reasonably practicable. Please note that if you opt-out as described above, we will not be able to remove your Personal Information or Protected Health Information from the databases of our affiliates or unaffiliated third parties with which we have already shared such information (i.e., to which we have already provided such information as of the date that we implement your opt-out request). Please also note that if you do opt-out of receiving marketing-related messages from us, we may still send administrative messages to you; you cannot opt-out from receiving administrative messages.

How you can access your Personal Information

If you would like to review or update your Personal Information that has been previously provided to us, you may do so by logging into your account within the Applications. We will try to comply with your request to update your Personal Information as soon as reasonably practicable. We are not responsible for changing information from the databases of third parties with whom we have already shared your Personal Information.

USE OF APPLICATIONS BY MINORS

The Applications are not directed to individuals under the age of thirteen (13), and we request that such individuals do not provide Personal Information through the Applications.

YOUR CALIFORNIA PRIVACY RIGHTS

California Civil Code Section 1798.83 permits customers of SWAN Solutions, LLC who are California residents to request certain information regarding its disclosure of personally identifiable information to third parties for their direct marketing purposes. To make such a request, please write to us at: legal@swanmedical.com

CONTACTING US

If you have any questions about this Privacy Policy, please contact us by e-mail at legal@swanmedical.com. Please note that e-mail communications are not always secure; so please do not include Protected Health Information, credit card information or other sensitive information in your e-mail messages to us.