AEROLIV* App Privacy Policy

Updated: February 14, 2024

General

Here at Trudell Medical International, we are committed to protecting the security and privacy of your Personal Data and ensuring that we conduct our business in compliance with applicable laws on privacy, data protection and data security.

This Privacy Policy describes the types of information we may collect when you download, install, register with, access, or use Trudell’s AeroLiv^TM mobile application, (the “App”) as well as other important information, including:

• how we use your Personal Data;
• on what basis we use your Personal Data;
• how long we keep your Personal Data;
• how we share your Personal Data;
• what are your rights regarding your access, correction, and accuracy of your Personal Data; and
• what to do if you object to the processing of your Personal Data.

Please read this Privacy Policy carefully. By using the App, you consent to our collection, use, disclosure, and storage of information as described in this Privacy Policy.

For purposes of this Privacy Policy, the terms “we”, “us”, “our”, and “Trudell” mean Trudell Medical International, and its affiliates from time to time, including, Trudell Medical UK Limited, Trudell Medical International Europe Limited, Trudell Health Solutions and TMI Medical Distribution Inc., and “Personal Data” means any and all information about an identifiable individual.

We use the term “user” in this Privacy Policy to mean you, anyone else whose health you monitor using the App, and anyone else you have authorized to use the App to monitor their own health. References in this Privacy Policy to “you” or “your” generally mean you, the primary user of the App, together with any other user, as the context requires.

Personal Data We Collect

We collect your information when you register with us and/or create your profile on the App, or when another person (such as a family member or caregiver) creates a profile on the App for you, when you subscribe to newsletters, order products, or provide us with other information (for example by email or completing surveys). We collect such information for processing and use it in accordance with this Policy.  

The following are the types of Personal Data we may collect from you, either about you or other individuals, and we may in turn provide such data that you give us to third-party service providers, which we have grouped together as follows:

• Contact Data includes billing address, delivery address, email address and telephone numbers;
• Profile Data includes your username, password, security question and answer;
• Identity Data includes first name, maiden name, last name, username or similar identifier, marital status, dependent, spousal or other family information, title, date of birth, gender and any other biographical and/or demographic information;
• Financial Information including payment information, name, billing address and payment card details, such as, card number, expiration date and security code;
• History Data includes purchase and customer service history;
• Location Data includes internet protocol (IP) address, country and zip/postal code) and the location of your mobile device;
• Technical Information includes your login data, clickstream data and other information about your online activities (device information, browsing history and usage patterns), including information from third-party providers and external websites, that we obtain through the use of cookies, web beacons and similar technologies and the location of your mobile device (which may updated at any time by disabling location data in your mobile device’s settings);
• Health data includes information about your health, symptoms and course of treatment that you enter into the App or share with us;
• Usage Data includes information about how you use our website, products and services;
• Marketing and Communications Data includes your preferences in receiving marketing from us and our third parties and your communication preferences;  and
• Other Data contained in any content you submit to us via email or other forms of communication.

We may use gender and age information about you and any other user to enable us to evaluate the information provided to us or that we collect through the app, including your health, or the health of other users, more specifically, in a gender-specific and age-based way.

We may also collect, use and share Aggregated Data such as statistical or demographic data for any purpose. Aggregated Data could be derived from your personal data but is not considered personal data in law as this data will not directly or indirectly reveal your identity. For example, we may aggregate your Usage Data to calculate the percentage of users accessing a specific App feature. However, if we combine or connect Aggregated Data with your personal data so that it can directly or indirectly identify you, we treat the combined data as personal data which will be used in accordance with this privacy policy.

If you contact us, we will use your Personal Data to verify your identity and to answer your inquiries. 

How We Use Your Personal Data

Privacy laws in the country in which you reside will govern how we may collect and use your Personal Data.  Consistent with applicable federal and provincial privacy laws, we may use your Personal Data for the following purposes:

Sharing of Personal Data by the User

You can share the Personal Data collected on the App with healthcare providers, family members, friends, or caregivers if settings allowing the sharing of the data with these individuals have been activated within the App.  You are in control of such settings.  

Trudell is not responsible for the actions of any third party in connection with any Personal Data that you share with third parties.

Information Automatically Collected from Your Device

When you use the App, we automatically collect certain data that is necessary for the use of the App.  This includes:

• if you have enabled access to your location on your mobile device and you have provided your consent, we may collect location information, including precise and imprecise location derived from your IP address.  You can switch this off through the settings on your phone; and
• we or an authorized third party may collect technical data about your use of the App and how you interact with content viewed or downloaded, time spent on screens, links clicked, features used, and dates, times and durations of interactions. We may collect this information using cookies and similar technologies, including technologies provided by third parties.

This information is automatically collected by us in order to provide you with the service and related features, to enhance the functionality and features of the App and to prevent and eliminate misuse and malfunction. 

Third Party Links

Our App may, from time to time, contain links to and from the websites of our partner networks, advertisers and affiliates. The inclusion of a link on the App or the ability to utilize a third-party website or software application through the App does not imply that we endorse, or otherwise monitor the privacy or security practices of that third-party website or software application or the accuracy of its content

Please note that these websites and any services that may be accessible through them have their own privacy policies and terms of use and that we do not accept any responsibility or liability for these policies or for any personal data that may be collected through these websites or services. Please review these policies and terms of use before you submit any personal data to these websites or use these services.

Third Parties That Provide Us with Your Personal Data

As set out above, we may receive your Personal Data from third parties, including:

• if you are not the primary user of the App, any individual (such as a family member or caregiver) who creates a profile for you on the App;
• consistent with our ability to provide services, we use service providers all over the world, including providers of web servers, cloud storage systems, customer relationship management services, email services, content management services to help us deliver our products and services; and
• affiliates (namely an entity that directly or indirectly controls, is controlled by, or is under common control with Trudell).

However, if you are using the App to create a profile for another individual, it is important that they are aware and have given their permission and consent to you using the App in this way and providing us with their Personal Data. If that individual has their own mobile phone number, an invitation is sent to that individual’s phone number via SMS text message to download the App and consent to the collection of their information and independently, to consent to share it with the original user of the App.

Cookies and Similar Technologies 

A “cookie” is a file of information that is placed on your device when you visit a website. Cookies and similar technologies can enhance your user experience by saving your preferences, personalizing your online experience, holding items in your shopping cart, and providing you with advertisements that have been tailored to your interests. For more information on Cookies, how we use them, the third parties we work with who use them, and how you can control them, please refer to our Cookie Policy.

How We Share Information

In addition to sharing your information with Trudell affiliates, where required to provide services we may disclose your Personal Data to third parties as follows:

• consistent with our ability to provide services, we use service providers all over the world, including web servers, cloud storage systems, customer relationship management services, email services, and content management services, to help us deliver our products and services;
• if we believe in good faith such disclosure is necessary (1) to comply with relevant laws or to respond to subpoenas or warrants or legal process served on us; (2) to enforce our End User License Agreement, Terms of Use and/or Privacy Policy; (3) to prevent physical harm or financial loss or in connection with an investigation of suspected or actual illegal activity; (4) to protect and defend the rights or property of Trudell, the users of our services, or third parties; or (5) as permitted under applicable laws to meet national security and similar requirements;
• in any reorganization or sale of our company or assets, your data may be transferred, subject to the acquirer and its affiliates accepting the commitments made in this Policy and compliance with applicable law;
• as otherwise specifically described in this Policy or permitted by applicable law; and
• in all other circumstances, only with your consent.

Data Security

All information you provide to us is stored on our secure servers. Once we have received your information, we will use strict procedures and security features to try to prevent your personal data from being accidentally lost, used or accessed in an unauthorized way, including: encryption, data segmentation, access logging and monitoring of same, escalation processes, least-privilege access and data backups.

We have put in place procedures to deal with any suspected personal data breach and will notify you and any applicable regulator when we are legally required to do so.

How Long We Keep Your Personal Data

We keep your Personal Data only so long as we need it to provide the App and its services and for the purposes described in this Policy.

If your account remains inactive for a consecutive period of 2 years, we reserve the right to delete your account and any Personal Data associated with it from our systems. In such circumstances, we will make reasonable efforts to provide you with notice in advance of deleting your account and data, to give you an opportunity to log in and maintain your account. Inactivity is defined as not logging into your account. Please be aware that once your account and data are deleted, they cannot be recovered.

In some circumstances you can ask us to delete your data: see What Are My Rights? below for further information.

In some circumstances we will anonymize your personal data (so that it can no longer be associated with you) for research or statistical purposes, in which case we may use this information indefinitely without further notice to you.

Privacy of Minors

To access or use the App, you must be at least 18 years of age.  The App is not intended for direct use by individuals under the age of 18. Parents and guardians of children can use the App to create a profile for their children. If you have reason to believe that a child under the age of 18 has provided us with Personal Information without parental consent, please contact us. If we become aware that a child has directly provided us with Personal Data, we will remove such information.

Data Transfers

Trudell is based in Canada and the App is provided from Canada; however, please be aware that we may transfer and store your information on servers located in other countries for the purposes described in this Policy, always in accordance with applicable data protection laws and our commitments to safeguarding your information.

If you are an EEA resident and we transfer your Personal Data outside of the EEA, we will only do so for the purposes described in this Policy and in accordance with applicable data privacy laws. This shall include, either (i) ensuring that the recipient country has an adequate level of data protection laws (and provide a similar degree of protection to the EEA/UK); or (ii) including standard clauses approved by the European Commission/UK Information Commissioner’s Office in our transfer contracts.

Please contact us if you want further information on the specific mechanism used by us when transferring your personal data.

Accuracy of your Personal Data

We rely on you to make sure that the Personal Data on the App is accurate, complete, and up to date. You are welcome to make changes, deletions, or request corrections to Personal Data we hold about you at any time by updating your account profile on the App or by contacting us as set out below in the section entitled “How to Contact Us”.

Email Communication and Advertising

We use the email address communicated by you during the registration for communication in the context of the App or to send you marketing communications for our own similar goods or services, if you have provided additional consent for us to do so.  You can always object to the use of your address for marketing purposes and opt-out at any time. When we use your email address for marketing purposes, we will clearly point out to you that each time that you can object to this use at any time.

What Are My rights?

• Request access to your personal data.

You have the right to ask us whether we process your Personal Information and if we do, you have the right to request access to your Personal Information that we process, together with the following information: (i) the purposes of the processing; (ii) the categories of Personal Information we process; (iii) the recipients of your Personal Information; (iv) the anticipated retention period of your data where possible, or the criteria used to determine the retention period; (v) your right to request rectification or erasure of your Personal Information, or restriction of the processing of such data; (vi) your right to file a complaint with a supervisory authority; and (vii) whether we use your Personal Information to make automated decisions that have legal or other similar effects on you.

• Request correction of your personal data.

You have the right to request correction of your Personal Information if such information is inaccurate.  If wish to access, correct, update or request deletion of your Personal Information, you can do so at any time by contacting us using the contact details provided under the “How to Contact Us” section.

• Request erasure of your personal data.

You have the right to request deletion of your Personal Information if (i) the Personal Information is no longer necessary for the purpose of which it was originally collected or processed; (ii) if we process your information on the basis of consent, and you withdraw your consent; (iii) if we process your Personal Information for our legitimate business interest, you object to the processing of your Personal Information, and there is no overriding legitimate interest to continue this processing; (iv) if we have processed your Personal Information unlawfully; (v) the Personal Information must be erased to comply with a legal obligation.

We are not required to erase your personal data to the extent that we need to process it: (i) to exercise the right of freedom of expression and information; (ii) to comply with a legal obligation; (iii) for the performance of a task carried out in the public interest or in the exercise of official authority; or (iv) for the establishment, exercise of defence of legal claims.

• Object to processing of your personal data.

You have the right to object to the processing of your Personal Information if it is for direct marketing purposes or to opt-out of marketing communications we send you at any time.  You can exercise this right by clicking on the “unsubscribe” or “opt-out” link in the marketing emails we send you.  To opt-out of other forms of marketing materials (such as postal marketing or telemarketing), you may by contacting us using the details provided under the “How to Contact Us” section.

• Request restriction of processing your personal data.

You have the right to request that we restrict the processing of your Personal Information in the following circumstances: (i) when you contest the accuracy of your Personal Information, for the period of time we need to verify the accuracy of your Personal Information; (ii) when the Personal Information has been unlawfully processed and you oppose the erasure of it, but instead request that we restrict the use of the Personal Information; (iii) when we no longer need the Personal Information, but you need us to keep it in order to establish, exercise or defend a legal claim; or (iv) if you object to the processing of your Personal Information for our legitimate business interests, for the period of time we need to verify whether our legitimate grounds override yours interests.

• Request transfer of your personal data.

You have the right to receive the Personal Information you provided to us, or have it transferred to another organisation, when: (i) the processing of the Personal Information is based on your consent or is necessary for the performance of a contract between you and us; and (ii) the processing of your Personal Information is carried out by automated means.

• Right to withdraw consent.

If you have given us consent to use your Personal Information as described in this Privacy Policy, your consent can be withdrawn by you at any time by using the How to Contact Us Information below.

In the case you withdraw your consent, the use of your information until then remains legal. After you have withdrawn your consent, your Personal Information may continue to be used, as far as this is legally permissible as listed above.

If you wish to exercise any of the rights set out above, please contact us.

Further Use of Personal Data

We will process and use your Personal Data for the provision of our services and our products, and the creation on this basis of evaluations and therapy suggestions.

We may anonymize your Personal Data and may process and use it anonymously for our own research, marketing and product development purposes or in collaboration with academic institutions, product development partners and other third parties.

Who controls my data?

Trudell Medical International is the controller of your personal data.

How to Contact Us:

By email:  privacy@trudellmed.com  

By mail: Trudell Medical International, 725 Baransway Drive, London, Ontario N5V 5G4

By fax: 519-455-9053

If your questions, concerns, or complaints have not been resolved to your satisfaction, you may contact our Privacy Officer by emailing privacy@trudellmed.com.

Updates to Our Privacy Policy

We may revise this Policy from time to time by posting an updated version on the App, along with information on any material changes. If we make a change that we believe materially reduces your rights or increases your responsibilities, we will notify you by email (sent to the email address or in the absence of the email address, an SMS text message to the cell phone number specified in your account) or by means of a notice on this App prior to the change becoming effective. We may provide notice of changes in other circumstances as well. We encourage you to periodically review this Policy for the latest information on our privacy practices. Your continued use of the App is subject to the most current effective version of this Policy.

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** Ontario registered business name