Privacy Policy

Effective Date: May 10, 2022

1. OVERVIEW

This Privacy Policy (this “Policy”) describes how Sleep DX, LLC d/b/a ModoSleep (“Company,” “we,” “us” or “our”), as well as medical professionals, including without limitation, doctors, physicians, nurse practitioners, physician assistants and other healthcare providers (collectively, “Providers”) may collect information about you through your interactions with Company or Providers on or through Company’s websites and mobile applications (collectively, our “Services”). This Policy describes the types of information we may collect from you or that you may provide when you access or use our Services and our practices for collecting, using, maintaining, protecting, and disclosing that information. Capitalized terms not otherwise defined herein shall have the meanings given to them in our Terms of Use.

Please read this Policy carefully to understand our policies and practices regarding your information and how we will treat it. If you do not agree with our policies and practices, your choice is to not use our Services. By accessing or using our Services, you agree to this Policy.

This Policy applies to information we collect: (i) via modosleep.com (the “Site”); (ii) via Company’s Android and/or iOS mobile applications (the “Applications”); (iii) from any services offered on or through the Site and/or the Applications, including without limitation, any software platform, patient portal, telemedicine service, virtual care management, and/or online interface; and (iv) through telephone, video, email, text, image, and other electronic messages and communications among you, Company, and/or Providers that are made via our Services.

This Policy does not apply to information collected by Company offline or through any other means, including on any other website operated by Company or any third party (including our affiliates and subsidiaries). For the avoidance of doubt, this Policy does not address how third-party Providers will use and disclose information obtained via our Services. If you would like this information, you should ask your Provider directly for a copy of his/her Notice of Privacy Practices.

The “Effective Date” noted above indicates when this Policy was last changed. You agree to periodically review this Policy to determine if it has been changed. Your continued access or use of our Services following any change to this Policy shall constitute acceptance of the latest version of this Policy.

Our Services include telehealth and/or telemedicine, which is an interactive virtual patient experience. This type of care uses digital information and communication technologies that enable you to interact with Providers and access and manage your health care by means of a computer and/or mobile device for the purpose of diagnosis, consultation, or treatment. Therefore, please be aware that: (i) we may share and disclose your information, including personal information and PHI (as defined below), with third parties for purposes of facilitating communication with your Providers; and (ii) we will also receive communications and responses from your Providers for purposes of diagnosis, consultation, or treatment.

2. CHILDREN UNDER THE AGE OF 16

Our Services are offered and available to users who are 18 years of age or older, and our Services are not intended for children under 16 years of age. We do not permit children to set up an account on our Services without the consent of their parent or guardian; however, Company may receive the information of Beneficiaries that are minor children with such consent. If you believe that we have collected or received personal information from a child under 16 years of age without verification of parental consent, please contact us at [support@modosleep.com].

3. INFORMATION WE COLLECT ABOUT YOU AND HOW WE COLLECT IT

We collect several types of information from and about users of our Services, including the following:

Personal Information: Information by which you may be personally identified, such as first and last name, gender, postal address, e-mail address, telephone number, date of birth, a photograph of you (optional), and any other information that is defined as personal or personally identifiable information under applicable laws, rules or regulations.

Health Information: Information regarding your health, including without limitation, your medical history, doctor, hospital and/or clinic visits, healthcare related appointments, current and past medications and prescriptions, current and past illnesses, diagnoses, treatments, operations or surgeries, smoking habits, your compliance with certain healthcare regimens, including without limitation, your logging in/out of our Services, missed medications, missed activities or exercises, and use, non-use or misuse of medical devices, and protected health information (“PHI”) as outlined by the Health Insurance Portability and Accountability Act (“HIPAA”). Company must follow the same Federal and State laws which protect your personal information, including HIPAA, as would a healthcare provider delivering services to you in person. Providers have the same duty to protect and keep your health information confidential.

Telemedicine Information: As part of our telemedicine services, we facilitate communications with Providers on or through our Services, which may include texts, audio, or video. We do collect the start time and duration of your conversation with Providers, but we do not collect or save transcripts or recordings of your conversations with Providers.

Medical Equipment Devices: As part of our Services, we may collect information from and/or related to bluetooth enabled medical devices (e.g., certain CPAP machines, barometers or nebulizers) as well as information regarding your use of such medical devices.

Insurance Information: We collect information regarding your health insurance, including health plan number and member id.

Non-Identifiable Information: Information that is about you but individually does not identify you, such as your pharmacy name and its contact information.

System or Network Information: We collect information about your internet connection, the equipment you use to access our Services (including your mobile device), and usage details. In order to access certain features of our Services (e.g., to enable a telemedicine visit), we may require access to your computer’s or your mobile device’s camera and/or microphones to collect audio/video.

We collect this information: (i) directly from you when you provide it to us; (ii) automatically as you navigate our Services; and (iii) from third parties, including Providers and your insurance company.

4. INFORMATION YOU PROVIDE TO US

The information we collect on or through our Services may include:

Information that you provide by filling out forms on or through our Services.This includes information provided by you, your Provider or your insurance company at the time of registering or enrolling your account and information provided when you post submissions or request further services.We may also ask you for information when you report a problem with our Services.

Information that you input on or through our Services for purposes of tracking your health and/or progress within your healthcare program, including without limitation, your current medical state, any symptoms you may be experiencing, whether you have taken your medication, and whether you have performed or completed applicable activities or exercises.

Your responses to surveys that we might ask you to complete for research purposes.

Your search queries on our Services.

You also may provide information to be published or displayed (hereinafter “posted”) on public areas of our Services, or transmitted to other users of our Services or third parties (collectively, “User Contributions”). Your User Contributions are posted on and transmitted to others at your own risk. Although we limit access to certain pages, please be aware that no security measures are perfect or impenetrable. Additionally, we cannot control the actions of other users of our Services with whom you may choose to share your User Contributions. Therefore, we cannot and do not guarantee that your User Contributions will not be viewed by unauthorized persons.

5. INFORMATION WE COLLECT AUTOMATICALLY

As you navigate through and interact with the Site, we use automatic data collection technologies to collect certain information about your equipment, browsing actions, and patterns, including: (i) details of your visits to the Site, including traffic data, location data, logs, and other communication data and the resources that you access and use on or through the Site; and (ii) information about your computer, internet connection, including your IP address, operating system, and browser type;

When you download, access and use the Applications, they may use technology to automatically collect: (i) details of your access to and use of the Applications, including traffic data, location data, logs and other communication data, and the resources that you access and use on or through the Applications; and (ii) information about your mobile device and internet connection, including the device’s unique device identifier, IP address, operating system, browser type, mobile network information, and the device’s telephone number.

The information we collect automatically helps us to improve our Services and to deliver a better and more personalized service, including by enabling us to: (i) estimate our audience size and usage patterns; (ii) store information about your preferences, allowing us to customize our Services according to your individual interests; (iii) speed up your searches; or (iv) recognize you when you return to our Services.

The technologies we use for this automatic data collection may include:

Cookies (or browser cookies): A cookie is a small file placed on the hard drive of your computer or mobile device. You may refuse to accept browser cookies by activating the appropriate setting on your browser. However, if you select this setting you may be unable to access certain parts of our Services. Unless you have adjusted your browser setting so that it will refuse cookies, our system will issue cookies when you direct your browser to our Website. Our system does not respond to do-not-track signals.

Flash Cookies: Certain features of our Services may use local stored objects (or Flash cookies) to collect and store information about your preferences and navigation to, from, and on our Services. Flash cookies are not managed by the same browser settings as are used for browser cookies. For information about managing your privacy and security settings for Flash cookies, see Choices About How We Use and Disclose Your Information.

Web Beacons: Pages of our Services and our e-mails may contain small electronic files known as web beacons (also referred to as clear gifs, pixel tags, and single-pixel gifs) that permit the Company, for example, to count users who have visited those pages or opened an email and for other related website statistics (for example, recording the popularity of certain website content and verifying system and server integrity).

Third Party Analytics: We may use automated devices and applications (e.g., Google Analytics) to evaluate usage of our Services and to help us personalize content on our Services. We also may use other analytic means to evaluate our Services.

We do not control third parties’ tracking technologies or how they may be used. If you have any questions about third party websites or content, you should contact the responsible party directly.

6. HOW WE USE YOUR INFORMATION

We use information that we collect about you or that you or third parties provide to us, including personal information:

to present our Services and its contents to you;

to facilitate communication to and from you and your Provider, including to schedule appointments, contacting you with information about your appointments, sending you email alerts, texts, or push notifications within the Applications, and providing you with similar customer services;

to provide you with information, products, or services that you request from us;

to fulfill any other purpose for which you provide it;

to provide you with notices about your account, including to provide you with updates as to the status of your request for an appointment or to notify you that there is a message waiting for you on our Services;

to carry out our obligations and enforce our rights arising from any contracts entered into between you and us;

to notify you about changes to our Services and any products or services we offer or provide through it;

to allow you to participate in interactive features on our Services;

in any other way we may describe when you provide the information; and

for any other purpose with your consent.

We may also use your information to contact you about our Services that may be of interest to you. If you do not want us to use your information in this way [, please [check the relevant box located on the form on which we collect your data/adjust your user preferences in your account profile/please contact us at [info@modosleep.com]. For more information, see Choices About How We Use and Disclose Your Information.

7. DISCLOSURE OF YOUR INFORMATION

We may disclose aggregated information about our users, and information that does not identify any individual, without restriction.

We may disclose personal information that we collect or you or third parties provide as described in this Policy:

to our subsidiaries and affiliates;

to your Providers [and your insurance company] in order to deliver and perform our Services[, but your information will be shared with Providers only as directed and consented to by you and we will not make information available to Providers other than those with whom you have requested that we share your information];

to contractors, service providers, and other third parties we use to support our business (for example, website hosting, data analysis, information technology, customer service, email delivery, auditing and other services);

to a buyer or other successor in the event of a merger, divestiture, restructuring, reorganization, dissolution, or other sale or transfer of some or all of Company's assets, whether as a going concern or as part of bankruptcy, liquidation, or similar proceeding, in which personal information held by Company about our Service users is among the assets transferred;

to fulfill the purpose for which you provide it (for example, to facilitate communication with your Provider);

for any other purpose disclosed by us when you provide the information; and

with your consent.

We do not control how Providers will use and disclose information obtained via our Services. If you would like this information, you should ask your Provider directly for a copy of his/her Notice of Privacy Practices.

We may also disclose your personal information: (i) to comply with any court order, law, or legal process, including to respond to any government or regulatory request; (ii) to enforce or apply our Terms of Use and other agreements; and (iii) if we believe disclosure is necessary or appropriate to protect the rights, property or safety of Company, our customers, or others. This includes exchanging information with other companies and organizations for the purposes of fraud protection and credit risk protection.

8. CHOICES ABOUT HOW WE USE AND DISCLOSE YOUR INFORMATION

We strive to provide you with choices regarding the personal information you provide to us. We have created mechanisms to provide you with the following control over your information:

Tracking Technologies: You can set your browser to refuse all or some browser cookies, or to alert you when cookies are being sent. To learn how you can manage your Flash cookie settings, visit the Flash player settings page on Adobe's website. If you disable or refuse cookies, please note that some parts of our Services may then be inaccessible or not function properly.

Promotional Materials from the Company. If you do not wish to have your contact information used by the Company to promote our own products or services, you can opt-out by [[checking the relevant box located on the form on which we collect your data (the [order form/registration form])/[OTHER OPT-OUT METHOD]] or at any other time by] [logging into the Website and adjusting your user preferences in your account profile by checking or unchecking the relevant boxes] or by sending us an email stating your request to [unsubscribe@modosleep.com]. If we have sent you a promotional email, you may click the “unsubscribe’ link in the email sent you to be omitted from future email distributions.

We do not control third parties’ collection or use of your information to serve interest-based advertising. However these third parties may provide you with ways to choose not to have your information collected or used in this way. You can opt out of receiving targeted ads from members of the Network Advertising Initiative ("NAI") on the NAI's website.

9. ACCESSING AND CORRECTING YOUR INFORMATION

[You can review and change your personal information by logging into our Services and visiting your account profile page.]

You may also send us an email at [support@modosleep.com] to [request access to, correct or delete] any personal information that you have provided to us. We may not accommodate a request to change information if we believe the change would violate any law or legal requirement or cause the information to be incorrect.

If you delete your User Contributions from our Services, copies of your User Contributions may remain viewable in cached and archived pages or might have been copied or stored by other users.

10. YOUR CALIFORNIA PRIVACY RIGHTS

If you are a California resident, California law may provide you with additional rights regarding our use of your personal information. To learn more about your California privacy rights, visit https://consumercal.org/about-cfc/cfc-education-foundation/cfceducation-foundationyour-medical-privacy-rights/confidentiality-of-medical-information-act/.

11. DATA SECURITY

We have implemented reasonable measures designed to secure your personal information from accidental loss and from unauthorized access, use, alteration, and disclosure.

The safety and security of your information also depends on you. Where we have given you (or where you have chosen) a password for access to certain parts of our Services, you are responsible for keeping this password confidential. We ask you not to share your password with anyone. We urge you to be careful about giving out information in public areas of our Services like message boards. The information you share in public areas may be viewed by other users.

Unfortunately, the transmission of information via the internet is not completely secure. Although we do our best to protect your personal information, we cannot guarantee the security of your personal information transmitted to our Services. Any transmission of personal information is at your own risk. We are not responsible for circumvention of any privacy settings or security measures contained on our Services.

12. CHANGES TO OUR PRIVACY POLICY

It is our policy to post any changes we make to this Policy on our Services’ home page. If we make material changes to how we treat our users' personal information, we will notify you by email to the email address specified in your account and/or through a notice on our Service’s home page. The date the privacy policy was last revised is identified at the top of the page. You are responsible for ensuring we have an up-to-date active and deliverable email address for you, and for periodically visiting this Policy to check for any changes.

13. CONTACT INFORMATION

To ask questions or comment about this Policy and our privacy practices, contact us at:

Sleep DX LLC.

4520 Georgia Ave., Nashville, TN 37209

[support@modosleep.com]