Effective Date: August 1, 2023

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ZEPHYRx LLC ("ZEPHYRx", “we”, “our”, “us”) is committed to protecting the privacy and security of your personal information.  This Policy provides details regarding how we treat personal information that we receive when you visit our website, www.zephyrx.com, and when you use our Breathe Easy mobile App or any other ZEPHYRx products and services (collectively the “ZEPHYRx Platform”).

Use of our website is governed by the Terms of Use posted on the website.  ZEPHYRx LLC. is a Delaware Corporation. The servers that host the ZEPHYRx Platform are located in the United States, and any personal information you provide to us will be processed by ZEPHYRx in the United States.  Your data will not be transferred outside the USA without your consent or authorization. 

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1.  What Personal Information We Collect About You

Information You Provide

We obtain information that you provide directly to us when you use the ZEPHYRx Platform, for example, when you fill out a form to contact us or register for our support forum, or perform spirometry tests.

The ZEPHYRx Platform provides you the opportunity to authorize ZEPHYRx to share your personal health information with us and your healthcare provider, physician, hospital, or other third-party.

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Information you may choose to submit to us may include:

• Identity data, such as full name and date of birth

• Contact information, such as phone number(s), email address, home address

• Personal Health Information, such as results of spirometry tests, medical history, medications, and     questionnaire responses

• Body data, such as weight and height

• Special categories of personal data such as ethnicity

• Geolocation

• Serial number of a medical device you use

• Company name

• Information about your interests in and use of various products, programs, and services

• Any other information that you decide to provide us with

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Personal Information Collected Automatically

As you interact with the ZEPHYRx Platform, we may collect certain information using automated tools, such as cookies and other technologies.  For more information on how we use cookies, see below.

The types of information we collect automatically when you visit our website or use the ZEPHYRx Platform may include IP addresses, device identifiers, browser characteristics, operating system details, language preferences, referring URLs, length of visits, anonymous traffic data, and pages viewed.

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‍2.  How We May Use Your Personal Information

This is how we may use personal information collected through our website or your use of the ZEPHYRx Platform:

• To perform the services requested of ZEPHYRx, such as displaying your data to you through the     use of the ZEPHYRx Platform and sharing with your healthcare provider (with your authorization),     or other authorized third-parties (i.e. in the case of research studies, authorized third-parties may     include study doctors, study sponsors, and study staff).

• To communicate with you:

     • responding to your inquiries and fulfilling you requests for information regarding our products or         services

     • sending administrative information to you, for example, any updates or changes          to the ZEPHYRx Platform, our Terms & Conditions, or our policies.

• To send you marketing communications on products or services that we believe may be of interest    to you, including via email and SMS in compliance with applicable laws and in accordance with    your preferences.

• For our business purposes, such as data analysis, audits, fraud monitoring and    prevention, enhancing, improving or modifying our Websites and services, identifying usage    trends, determining the effectiveness of our promotional campaigns and operating and expanding     our business activities.

• To improve the functionality of ZEPHYRx product and service offerings.

• To de-identify or anonymize personal information. ZEPHYRx uses non-personal information:

      • to produce statistics and/or aggregated data analysis,

      • to publish research or white papers, and

      • for other legally permissible purposes.  

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3.  How We May Share Your Personal Information

ZEPHYRx may share your personal information as follows:

• With authorized service providers assisting us in carrying out the transactions or services offered     by ZEPHYRx. These service providers are under obligations of confidentiality, and their use of     personal information is limited to the purpose(s) defined within our contracts.

• In the case of research studies or clinical trials, personal information / data may be transferred to     authorized third-parties, such as the applicable sponsor, site investigator, or site.

• With our affiliates, subsidiaries, and any company owned or controlled by ZEPHYRx.

• In the event of a business transaction, such as if we sell or transfer all or a portion of our business     or assets (e.g., a merger, reorganization, liquidation, or any other business transaction, including     negotiations of such transactions), we may disclose any personal information we obtain through     the Service. By using our website or the ZEPHYRx Platform, you acknowledge that such transfers     may occur and are permitted by and subject to this Privacy Policy. 

• When required by subpoena, search warrant, or other legal processes, or in response to activities     that are unlawful or a violation of ZEPHYRx’s rules for use of the Service, or to protect and defend     our rights or property.

• With others only with your consent or authorization.

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Third-Party Links

Our website may from time to time include links to websites or services that are owned and/or operated by third parties. This Privacy Policy does not apply to those websites or services, which may have their own privacy policies or notices that you should review to understand how they may use or disclose your personal information.  ZEPHYRx is not responsible for the content or privacy practices of any linked websites or services that are operated by third parties.

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Security

We take industry-standard measures to protect your personal information from loss, theft, misuse, unauthorized access, disclosure, alteration, and destruction. All data is encrypted at rest and in transit using industry-standard technologies such as TLS and AES encryption.  

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Cookie Information

ZEPHYRx uses cookies and other technologies to enhance user experience on our websites and in our mobile apps.  A cookie is a small data file created by websites you visit used to store information on your device.  Other tracking technologies are used for similar purposes.  Cookies may collect certain information about you, your device and your use of our websites to identify your device when you revisit our websites.  A persistent cookie helps us recognize you as an existing user, so you can return to our password protected websites without signing in again.  After you sign in, a persistent cookie stays in your browser and will be read by ZEPHYRx when you return to one of our websites, and lasts until you or your browser delete them.  A session cookie enables certain features of our websites and is deleted from your device when you disconnect from or leave the website.  You may choose not to accept cookies, but this may limit your ability to use the ZEPHYRx Platform Please note that third-party websites you navigate to from our websites may also use cookies to display ZEPHYRx content. We cannot control how or when those cookies are applied so you should contact those third-parties directly.

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Consent.

Collection and processing of location data, cookies, special categories of personal data and any sharing/transfers of personal health data to third-parties will be based on consent or authorization that we will ask you to provide through the website and/or through your use of the ZEPHYRx Platform.  

• You may consent or withdraw your consent to our use of your personal information for marketing     at any time by following the instructions to unsubscribe included in each marketing- related email     sent to you or by sending an unsubscribe request to email@zephyrx.com.

• Please note that if you opt-out of receiving marketing-related emails from us, we may still send     you administrative messages relevant to any specific services you may have signed up for.

• You may withdraw or revoke your authorization to share your personal health information at any      time and can do so by submitting a request in writing to: ZEPHYRx, 2 Third Street, Suite 201, Troy,      New York 12180 USA

Data Retention

We will retain your personal information for no longer than is necessary for the performance of our services, to achieve the purposes for which the information was collected, or as may be permitted under applicable law.  

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4.  Click Here for Data Protection for European Union Residents

5.  Click Here for California Privacy Rights under the CCPA

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6.  Revisions - This Privacy Policy is subject to change at our discretion.  We will identify changes, including material changes, to the Privacy Policy by updating the “Effective Date”.  Your use of our website or the ZEPHYRx Platform after any update to this Privacy Policy will constitute your acceptance of the changes.

7.  Contacting Us - If you have any questions or concerns relating to this Privacy Policy, please contact our Privacy Office as follows:

ZEPHYRx, LLC

Attn:  Privacy Office
2 Third Street, Suite 201

Troy, New York 12180

Tel: 1-888-452-6269

Email: legal@ZEPHYRx.com

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