United Kingdom

AEROLIV* App Privacy Policy

Last updated [Oct 31, 2022]

General

Here at Trudell, we are committed to protecting the security and privacy of your Personal Information, which may include Personal Health Information, 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 or that you may provide when you download, install, register with, access, or use Trudell’s mobile application (the “App”) as well as other important information, including:

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

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.

Our Privacy Policy does not apply to the practices of other companies or other websites or software applications that may be linked from or made available through our App.  The inclusion of a link on our App or the ability to utilize a third-party website or software application through our 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. Your use of the third-party website or software application is governed by the third-party’s 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 and TMI Medical Distribution Inc., and “Personal Information” means any and all information about an identifiable individual and includes “personal health information” as that term is defined by applicable provincial health privacy legislation. Personal Information does not include de-identified or aggregated information that cannot reasonably be associated with a specific 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 our App, together with any other user, as the context requires.

 

Purpose of the App

The App is a tool that you can use to assist you in managing your asthma or other respiratory disease or the asthma or other respiratory disease of someone else, such as a family member or someone you care for. In addition, you or other users you authorize can create their own profile on the App to assist with the management of their asthma or other respiratory disease.

No Medical or Clinical Advice

The App does not provide medical or clinical advice and does not treat or diagnose any respiratory disease. The App does not constitute an endorsement, statement or support of any particular medication, medical device, action plan, or treatment as safe, appropriate or effective for you.  Before starting a new treatment or management regimen or acting on suggestions that may be made by this App, whether pertaining to the management of your respiratory disease or use of any medication or medical device, you must first discuss this with your healthcare provider.  IN CASE OF AN EMERGENCY, YOU SHOULD ALWAYS SEEK EMERGENCY MEDICAL CARE FROM YOUR NEAREST EMERGENCY DEPARTMENT OR CALL 911. 

Information We Collect

We collect your information when you register with us and/or create your profile on our 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 actively. We collect that information for processing and use in accordance with this Policy.  Depending on how our App is used, the Personal Information we collect from you may vary.

The following are the types of Personal Information we may obtain from you about you or other individuals, and we may in turn provide such information that you give us to third-party service providers:

  • contact information (name, company name, job title, phone and fax number, email and address);
  • information used to create an online account (username, password, security question and answer);
  • biographical and/or demographic information (such as date of birth, age, gender, marital status, dependent, spousal or other family information);
  • financial information (payment information, including name, billing address and payment card details (i.e. card number, expiration date and security code));
  • purchase and customer service history;
  • location data (IP address, country and zip/postal code) and the location of your mobile device;
  • information that is obtained when you interact with any of our social media posts through Facebook, Google+, or another networking site (such as public profile information, birthdate, current city of work, employer, school, email address);
  • 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
  • Personal Information contained in any content you submit to us through our “Contact Us” link.

We may use gender and age information for 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 specific, in a gender-specific and age-based way.

 

If you make an online purchase of products by connecting to our Website through our  App, your name and address and credit card information will be sent directly to third-party service providers we use to manage order fulfillment and credit card processing.  The service providers are not permitted to use the information you provide except for the sole purpose of order fulfillment or credit card processing on our behalf.

 

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

 

The App is able to collect and store medication, symptom and peak flow data that you upload to the App.

The App is intended for use as a respiratory disease management tool. It may be used to automate drug reminders, review regional air quality, track symptoms and relevant metrics and produce reports. It is intended to be used by individuals who suffer from asthma, COPD or other respiratory diseases or individuals who are using the App on behalf of an individual who suffers from asthma or other respiratory disease. Depending on how you or other users that you have permitted to use the App, have configured it, it may collect personal health information (as defined below).

 

Personal health information is only processed by us within the scope of: (i) your consent if the App is used to assist you in managing your respiratory disease, such as asthma, or (ii) the consent of any user you have authorized to use the App or on whose behalf you are using the App to assist in managing their respiratory disease, such as asthma. Further details on consent are described at the end of this Policy under the title “Your Consent to the Use of Personal Information and Personal Health Information”.

Personal Health Information

To the extent provided by the user, we collect the following personal health information on user health: respiratory condition, symptoms, peak flow rate, action plan details or medications and medication adherence, ACT or CAT questionnaire responses.

We use your personal health information to provide our services and products in the App. With the help of the information provided, we document the influencing factors that may cause respiratory problems. The personal health information provided is collected by us and is displayed for your review in the App or in a downloadable file that can be shared independently by the user.

 

How We Use Information

Privacy laws in Canada govern how we may collect and use your Personal Information.  Consistent with applicable federal and provincial privacy laws, we may use your Personal Information for the following purposes:

  • to fulfill a contract with you;
  • to provide a product or service you requested, including to set up, administer and manage your account with us, to allow connectivity between the App and our own medical devices and to assist you in following an action plan;
  • to deliver, monitor the performance of and develop our products and services;
  • to provide information about our products, services, transactions, and advertisements that may be of interest to you;
  • to make our communications with you more relevant and personalized to you;
  • to contact you through any contact information you provide through our App, including any email address, telephone number, or cell phone number;
  • to protect someone’s health, safety or welfare;
  • to keep a record of our transactions and communications;
  • to comply with laws, regulations, court orders, or other legal process;
  • to establish, exercise or defend legal claims;
  • detect, prevent and respond to fraud, intellectual property infringement, violation of our contracts or agreements, violations of law, or misuse of our App, products or services;
  • comply with our obligations to retain certain business records and other information for minimum retention periods; and
  • as otherwise necessary or useful for us to conduct our business, so long as such use is permitted by applicable law or for any other purpose with your consent.

Sharing of Personal Information by the User

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

The information provided in the App may be transmitted to our third-party hosting service providers when you synchronize the App or connect your smartphone with us.

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, without you having to explicitly provide this data.  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;

 

  • we or an authorized third party may collect technical data about your use of our 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 transmitted to 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 Parties That Provide Us with Your Personal Information

 

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

 

  • if you are not the primary user of our App, any individual (such as a family member or carer) who creates a profile for you on our 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 consent to you using the App in this way and providing us with their Personal Information, including and specifically, their Personal Health Information. 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 appropriate to provide the services we may disclose your Personal Information to third parties as follows:

 

  • consistent with our ability to provide services, we use affiliated and unaffiliated service providers all over the world, including web servers, cloud storage systems,  customer relationship management  services, email services, content  management services, to help us deliver our products and services;

 

  • we will disclose data 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.

 

How Long We Keep Your Personal Information

We keep your Personal Information only so long as we need it to provide the App and its services and for the purposes described in this Policy. Retention periods can vary based on the type of information and how it is used. Our retention periods are based on criteria that include legally mandated retention periods, pending or potential litigation, our intellectual property or ownership rights, contract requirements, operational directives or needs, and historical archiving. When we no longer need to use your Personal Information and there is no need for us to keep it to comply with our legal or regulatory obligations, resolution of disputes and enforce our agreements, we’ll remove it from our systems.

 

Privacy of Minors

 

To access or use the App, you must be at least 18 years of age.  Our App is not intended for direct use by individuals under the age of 18. Parents and guardians of children can use our App to create a profile for their children. If we become aware that a child has directly provided us with Personal Information we will remove such information.

 

Data Transfers

 

Trudell is based in Canada and this App is provided from Canada and is intended for use in Canada only.  Regardless of where you access the App, the information collected as part of that use will be transferred to and maintained on servers located in Canada for the purposes described in this Policy. We only transfer your Personal Information outside of Canada for the purposes described in this Policy. 

 

Access, Corrections, and Accuracy of your Personal Information

 

You can request access to or correction of your Personal Information we hold about you by contacting us as set out below in the section entitled “How to Contact Us”, subject to limited exceptions. 

 

We rely on you to make sure that the Personal Information on the App is accurate, complete and up-to-date. You are welcome to make changes, deletions or request corrections to Personal Information 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”.

 

For a copy of your Personal Information, please contact us as set out below in the section entitled “How to Contact Us”. We will take reasonable steps to verify your identity before granting access or making corrections.  Your right to access or correct your Personal Information may also be subject to certain legal restrictions.

 

We respond to all requests we receive from individuals wishing to exercise their rights as described above in accordance with applicable privacy laws in Canada. We will respond to all requests within thirty (30) days. 

 

Email Communication and Advertising

 

We use the email address communicated by you during the registration for communication in the context of the App or in order to send you marketing communications for our own similar goods or services.  You can always object to the use of your address for marketing purposes. 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.

 

Your Consent to the Use of Personal Information

When you use the App, we process your personal health information, such as: respiratory condition, symptoms, peak flow rate, action plan details or  medications and medication adherence, ACT or CAT questionnaire responses to provide our service to you.

We will process and use your Personal Information, in particular the data stored by you in the App on your mobile device, as well as your user account, and information transmitted to us about your or someone else’s health, 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 Information 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.

If you have given us consent to use your Personal Information (including personal health information) as described in this Privacy Policy. Your consent can be withdrawn by you at any time with effect for the future. Please see more information about this in the “Right to Withdraw” section.  

In the case you withdraw your consent, the use of your data 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, e.g. for invoices or in the context of legal retention periods or in litigation before courts or authorities.

How to Contact Us:

By email:  privacy@trudellmed.com  

By mail: 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 Corporate Privacy Office by emailing globalprivacy@tmlcorp.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. The revised Policy will be effective immediately and any modifications will apply only to the Personal Information we collect after the posting. 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.


** Ontario registered business name