Terms of Service

Web: US: https://www.nuvoair.com/nvh/us/tos

Privacy Policy

Hello NuvoAir user! NuvoAir product and services are designed to monitor vital respiratory parameters, and we are proud to contribute to our users’ health. This policy explains the “nuts and bolts” of the information we collect when you visit our website, App or use our products and services (the “Services”). It also explains the specific ways we use and disclose that information. This Privacy Policy supersedes any prior agreements or earlier versions of this Privacy Policy between you and NuvoAir for the use of the Services.

WHICH PERSONAL DATA IS COLLECTED AND WHEN? To offer our Services at NuvoAir and to provide you with the best experience of our Services, we need to collect and process your personal data. Please be aware that you transfer data to us when: You visit and use NuvoAir websites/App We collect certain data when you use our App and/or our website or when you take part in our questionnaires, write a comment on our website, order a product, etc. Certain information is collected even if you do not have a NuvoAir account when visiting NuvoAir website. The key data that you may communicate to us by visiting and using our sites is:

• Identity data.
• Cookies; and
• Geolocation when such feature is activated through your smartphone/device.

You create a NuvoAir account Creating a NuvoAir user account allows you to use our devices and applications. You will therefore need to provide us with certain data to identify yourself. Your NuvoAir user account is the most important component of our Services. It allows you to access and control your personal data. Data is collected and used during account and/or user profile creation, when logging on to your account, ordering a product from your account, etc. The key data that you may communicate to us in creating a NuvoAir account is:

• Identity data such as username
• Full name
• E-mail address
• Cell phone number (for account verification)
• Mailing address

You use our applications Your NuvoAir account allows you to use NuvoAir applications. Interacting with these applications allows you to access NuvoAir Services and product features. In these interactions, certain data is communicated to us when you download, install, and use features of the application. This is for instance the case when you create a profile either for yourself or any other person that you manage through your account, take a spirometry test, respond to questionnaires, or complete a field in the application, etc. Here is the data that you may communicate to us by using our applications (e.g., by creating a profile) in addition to the data provided when creating your account:

• Identity data such as full name, date of birth, (required).
• Body data such as weight and height (required).
• Special categories of personal data such as ethnicity (required).
• Health data such as spirometry data generated by the usage of the spirometer, medications, and questionnaire responses.
• Special categories of personal data such as information regarding diagnoses, medications, and ethnicity to perform the Services in the best possible way (optional).
• Cookies; and
• Geolocation when such feature is activated through your smartphone/device.

When you contact our customer service department When you contact NuvoAir’s customer service department, you provide us with information that allows us to identify you. The information shared with us remains confidential when you contact us through our website or support line. For the purposes of responding to your support request, some of your data may be temporarily communicated to our teams until the problem is solved. We ensure that our teams comply strictly with our confidentiality policy and local laws governing data handling. Here is the data that you may communicate to us by contacting our customer service department:

• Identity data.
• Spirometry and other health data.
• Activity data.
• Device identifiers and other data that is required for Medical Device Reporting.
• Physical location; and
• Cookies – technical features.

FOR WHAT PURPOSES MIGHT MY DATA BE PROCESSED AND WHAT ARE THE LEGAL BASES FOR THE PROCESSING?

To present your data to you and to offer you the Services The data produced are displayed through our applications. Some functions or Services you may want to use do request specific data processing. As an example, we might need to process your lung function data to describe the level of constriction you have. This processing of personal data is necessary for the performance of the agreement (the Services).

To improve NuvoAir’s products and Services To improve our products and Services and ensure the availability of our platform, in accordance with best practices and local laws, we retain a record of operations conducted in log form. We never work with your data when it identifies you unless you have given us your consent, for example to resolve a problem that you have pointed out to us when you contact our customer service department.

To communicate information to you We may, based on legitimate interest, use certain data to offer surveys, or events in which you are free to participate. The same medium shall also be used to provide you information on our products, such as features, health-related communications from NuvoAir or our Partners (third party partners such as physicians, health providers, hospitals, medical companies, and insurers (“Partners”), or to announce new products. You may opt out of such communications at any time by clicking the “unsubscribe” link found within NuvoAir email updates.

If you are part of a Health plan where NuvoAir is providing care coordination or treatment service, NuvoAir may contact you and potentially send PHI (Protected Health Information) using regular SMS (text message) and email for care coordination and treatment use cases.

In addition, NuvoAir may share health information with third party physicians in support of care coordination and treatment use cases. For example, NuvoAir may send a report indicating signs of an exacerbation or spirometry results with third party physicians who have an established treatment relationship with you.

To produce statistics and/or aggregated data analyses

We undertake not to share your personal data without your prior consent. We believe that data can serve the collective interest. We may produce statistics and analyses using collected data. They would first be anonymized and/or aggregated beforehand to assure your privacy to be protected. Data anonymized in this way, which do not longer constitute personal data, are used to:

Improve NuvoAir’s products and services to:

• Understand how our products and Services are used and can be improved
• Improve the user experience of visitors on our websites and applications
• Publish research, blog, or press articles, statistics.

Demonstrate the effectiveness of connected objects:

• We take part in scientific studies: this is the case during connected health studies, for example
• We communicate through our blog, advertising, or the press, to inform the public about the impact of our products; and
• Make the general public or private companies aware of health issues:
• We may present on our website general public analyses.
• We produce websites and interactive charts to present these statistics and analyses
• We sometimes generate studies, analyses, and general statistical studies for the public or for companies. We may therefore produce studies on connected health and the new uses that it involves (e.g., white paper on connected health), statistics on lung health, etc.
• We wish to continue to inform the public of the new issues raised by connected objects. Therefore, we send these statistics and analyses to the press.

To meet certain legal requirements We may share your personal information if necessary for compliance with a legal obligation, e.g., in connection with court orders, valid discovery requests, valid subpoenas, and other legal mechanisms.

CONSENT Processing of location data, cookies, special categories of personal data and any sharing/transfers of personal data to Partners will be based on consent that we will ask you to provide through the website and/or app. You can withdraw your consent at any time by deleting your account or by contacting NuvoAir and request your account to be deleted. If you delete your account, we will ask you to confirm account deletion (all data deleted). This means the data collected under your profile will be deleted (or kept anonymized if agreements allow this) unless the data is subject to required retention policies under HIPAA.

WHAT ARE YOUR RIGHTS REGARDING THE PROCESSING OF YOUR PERSONAL DATA? At NuvoAir, we believe that you should always be empowered to protect your privacy when you use our Services. To allow that, we guarantee you that the HIPAA Privacy Rule (the Privacy Rule) provide individuals with a legal, enforceable right to see and receive copies upon request of the information in their medical and other health records maintained by their health care providers and health plans.

The Privacy Rule requires HIPAA covered entities (health plans and most health care providers) to provide individuals, upon request, with access to the protected health information (PHI) about them in one or more "designated record sets" maintained by or for the covered entity. This includes the right to inspect or obtain a copy, or both, of the PHI, as well as to direct the covered entity to transmit a copy to a designated person or entity of the individual's choice. Individuals have a right to access this PHI for as long as the information is maintained by a covered entity, or by a business associate on behalf of a covered entity, regardless of the date the information was created; whether the information is maintained in paper or electronic systems onsite, remotely, or is archived; or where the PHI originated (e.g., whether the covered entity, another provider, the patient, etc.).

FOR HOW LONG DO WE RETAIN YOUR PERSONAL DATA? We will only process your personal data as long as necessary to perform the Services, i.e., as long as you have an active account with NuvoAir. If you choose request deleting of your account, all personal data will be removed/or kept anonymized (if agreement allows this) as soon as you confirm that the account should be deleted. However, your data may be subject to mandatory retention policies under HIPAA, in such case are we unable to delete your account. If allowed, NuvoAir may retain an anonymized copy of your data for operations and product improvement purposes.

CAN THE APP MANAGE MULTIPLE PROFILES? In one of the services NuvoAir provides there is a functionality where a user may create multiple user profiles managed under the same NuvoAir account (”Master Account”). The Master Account can be managed for example by a healthcare provider who is managing multiple patients in their healthcare account or a parent who is managing his/her children. The healthcare provider (or parent) will then be the data controller in relation to the patients’ personal data processed in the Master Account and NuvoAir will be the data processor. The healthcare provider (or parent) shall follow this privacy policy and relevant local laws and legislation for how the data and information may be processed and shared for a specific profile contained in the Master Account.

DO YOU SHARE MY DATA WITH PARTNERS? You can choose to exchange your NuvoAir health data with third party partners such as physicians, health providers, hospitals, medical companies, and insurers (“Partners”). With your prior consent, NuvoAir may also receive certain data that you had previously communicated to a Partner. The data exchange might be done via our API exchange system, or via Apple HealthKit’s API:

• We only share your health data with Partners with your prior explicit consent.
• We never share your data with advertising platforms, data brokers or information resellers.
• Your data, whether originating from use of NuvoAir products and the Services, from Partners or from Apple HealthKit, is not used for marketing and advertising purposes.
• All our Partners are subject to requirements preventing them from using and/or sharing your data for marketing and advertising purposes.
• If you choose to share your NuvoAir data with Apple HealthKit, the information you provide to HealthKit is governed by the Apple Terms and Conditions and Privacy Policy.

WHERE DO WE STORE YOUR DATA AND HOW IS IT TRANSMITTED? Data is stored and processed in the Cloud (data center, USA). Your data will not be transferred outside the USA without explicit consent from you.

IS MY DATA SECURED? NuvoAir is committed to protecting the security of your information and has technical and organizational security measures in place to protect your personal data. If a security breach causes an unauthorized intrusion into our system that materially affects you, then NuvoAir will notify you as soon as possible and later report the action we took in response. However, rest assured, we use the latest security standards and best practices to ensure your data is protected.

Your data in transit We use the latest security standards and best practices. We use industry standard encryption to protect your data in transit. This is commonly referred to as transport layer security (“TLS”).

Your data at rest Encryption at rest is implemented by using several security technologies, including secure key storage systems, encrypted networks, and cryptographic APIs. Systems that decrypt and process data must communicate with systems that manage keys.

WHAT ABOUT COOKIES AND OTHER TECHNOLOGIES? NuvoAir uses cookies, or similar technologies like single-pixel gifs and web beacons, to record log data, such as Mixpanel Google Analytics and fabric.io.Hubspot. We use both session-based and persistent cookies. Cookies are small text files sent by us to your computer/app and from your computer/app to us, each time you visit our website. They are unique to your NuvoAir account or your browser. Session-based cookies last only while your browser is open and are automatically deleted when you close your browser. Persistent cookies last until you or your browser delete them or until they expire. Some cookies are associated with your NuvoAir account and personal information to remember that you are logged in. Other cookies are not tied to your NuvoAir account but are unique and allow us to do site analytics and customization, among other similar things. You can set your browser to not accept cookies, but this may limit your ability to use our Services. NuvoAir sets and accesses our own cookies on our company-owned domains. In addition, we use third parties, like Google Analytics, for website analytics. You may opt-out of third-party cookies from Google Analytics on its respective website.

CAN THIS PRIVACY POLICY CHANGE? We may change this Privacy Policy at any time and from time to time. The most recent version of the Privacy Policy is reflected by the version date located at the bottom of this Privacy Policy. All updates and amendments are effective immediately upon notice, which we may give by any means, including, but not limited to, by posting a revised version of this Privacy Policy or other notice on the Website. We encourage you to review this Privacy Policy often to stay informed of changes that may affect you.

WHOM CAN I CONTACT? The data controller for the personal data provided by individuals and processed by NuvoAir US Inc. Have questions or concerns about NuvoAir, our Services and privacy? Please do not hesitate to contact us by email: DPO@nuvoair.com, or by post: NuvoAir US Inc., 50 Milk St., 16th floor, Boston, MA 02109, USA .

Please also be informed that you have a right to lodge a complaint with the relevant supervisory authority in your jurisdiction if you have any comments or issues regarding NuvoAir’s processing of your personal data. Link to Terms and conditions https://www.nuvoair.com/legal?lang=en&type=terms_and_conditions

RETURN PROCEDURES For any product returns, irrespective of reason, we ask you to contact either support@nuvoair.com directly or via the contact form at NuvoAir website. NuvoAir recommends reviewing the Warranty information found on NuvoAir website: https://www.nuvoair.com/legal?lang=en&type=warranty

NuvoAir does not offer on-site service to repair any defective Air Smart / Next Spirometers or to resolve any problems relating to the use of replacement products.