This Privacy Policy describes our policies and procedures on the collection, use and disclosure of Your information when You use the Services and informs You about Your privacy rights and how the law protects You.

The following Privacy Policy references the services that we provide through our Site and other services (“Service”).   In addition to this Privacy Policy for our Site, because this Privacy Policy contains legal obligations, we encourage You to review this Privacy Policy carefully. If You have any questions concerning this Privacy Policy or our information collection, storage, and disclosure practices, or wish to opt-out of communications please see the “Contact Us” section below.

We use Your Personal Data to provide and improve this Service. By using this Service, You agree to the collection and use of information in accordance with this Privacy Policy.

1.0 Interpretation and Definitions

1.1 Interpretation

The words of which the initial letter is capitalized have meanings defined under the following conditions. The following definitions shall have the same meaning regardless of whether they appear in singular or in plural.

1.2 Definitions

For the purposes of this Privacy Policy:

Account means a unique account created for You to access our Service or parts of our Service.

Affiliate means an entity that controls, is controlled by or is under common control with a party, where “control” means ownership of 50% or more of the shares, equity interest or other securities entitled to vote for election of directors or other managing authority.

Application refers to Rest Assure, the software program provided by the Company.

Business, for the purpose of CCPA/CPRA, TDPSA, refers to the Company as the legal entity that collects Consumers’ personal information and determines the purposes and means of the processing of Consumers’ personal information, or on behalf of which such information is collected and that alone, or jointly with others, determines the purposes and means of the processing of consumers’ personal information, that does business in the State of California.

CCPA and/or CPRA refers to California Consumer Privacy Act (the “CCPA”) as amended by the California Privacy Rights Act of 2020 (the “CPRA”) California Civil Code §§ 1798.100 – 1798.199.100 & subsequent amendments. For more information, please visit https://cppa.ca.gov.

Company (referred to as either “the Company”, “We”, “Us” or “Our” in this Agreement) refers to SomnoMed, Inc. 6513 Windcrest Drive, STE 100, Plano, TX 75074. For the purpose of the GDPR, the Company is the Data Controller.

Consumer, for the purpose of the CCPA/CPRA, means a natural person who is a California resident. For the purpose of TDPSA, Consumer means a natural person who is a Texas resident. A resident, as defined in the law, includes (1) every individual who is in the USA for other than a temporary or transitory purpose, and (2) every individual who is domiciled in the USA who is outside the USA for a temporary or transitory purpose.

Cookies are small files that are placed on Your computer, mobile Device, or any other Device by a website, containing the details of Your browsing history on that website among its many uses.

Country refers to the United States.

Data Controller, for the purposes of the GDPR (General Data Protection Regulation), refers to the Company as the legal person who, alone or jointly with others, determines the purposes and means of the processing of Personal Data.

Device means any device that can access the Service such as a computer, a cellphone, or a digital tablet.

Do Not Track (DNT) is a concept that has been promoted by US regulatory authorities, in particular the U.S. Federal Trade Commission (FTC), for the Internet industry to develop and implement a mechanism for allowing internet users to control the tracking of their online activities across websites.

GDPR refers to the EU General Data Protection Regulation.

HIPAA refers to the Health Insurance Portability and Accountability Act and provides controls around how Your Protected Health Information (PHI) is stored and used.

Personal Data, Personal Information, or Personal identification information (PII) is any information that relates to an identified or identifiable individual. For the purposes of the CCPA/CPRA, TDPSA, “Personal Data” means any information that identifies, relates to, describes or is capable of being associated with, or could reasonably be linked, directly or indirectly, with You.

Protected Health Information (PHI) Any information about health status, provision of health care, or payment for health care that is created or collected by a Covered Entity (or a Business Associate of a Covered Entity, both as defined in HIPAA), and can be linked to a specific individual.

Service refers to the Application or the Website or both.

Service Provider means any natural or legal person who processes the data on behalf of the Company. It refers to third-party companies or individuals employed by the Company to facilitate the Service, to provide the Service on behalf of the Company, to perform services related to the Service, or to assist the Company in analyzing how the Service is used. For the purpose of the GDPR, Service Providers are considered Data Processors.

TDPSA refers to Texas Data Privacy and Security Act – Texas Business and Commerce Code, Chapter 541.

Third-party Social Media Service refers to any website or any social network website through which a user can log in or create an account to use the Service.

Usage Data refers to data collected automatically, either generated by the use of the Service or from the Service infrastructure itself (for example, the duration of a page visit).

Website or Site refers to https://somnomed.com/ and us.restassure.somnomed.com (Rest Assure)

You means the individual accessing or using the Service, or the company or other legal entity on behalf of which such individual is accessing or using the Service, as applicable.

2.0 Collecting and Using Your Personal Data

2.1 Types of Data Collected

2.1.1 Personal Data – Protected Health Information (PHI)

We use Your data to create and manage Your account for the Service as well as to provide You, Your Sleep Physician and Sleep Dentist with objective data on Your sleep, so they can monitor and improve Your therapy. Examples of PHI collected include physiological and biometric sleep-monitoring data and sleep usage data through the Application.

2.1.2 Personal Data – Personal Identification Information (PII)

While using Our Service, We may ask You to provide Us with certain personally identifiable information that can be used to contact or identify You. Personally identifiable information may include, but is not limited to:

• Email address
• First name and last name
• Phone number
• Address, State, Province, ZIP/Postal code, City

2.1.3 Usage Data – Non-Personal Identification Information (NPII)

Usage Data is collected automatically when using the Service.

Usage Data may include information such as Your Device’s internet protocol address (e.g. IP address), browser type, browser version, the pages of our Service that You visit, the time and date of Your visit, the time spent on those pages, unique Device identifiers and other diagnostic data.

When You access the Service by or through a mobile Device, We may collect certain information automatically, including, but not limited to, the type of mobile Device You use, Your mobile Device unique ID, the IP address of Your mobile Device, Your mobile operating system, the type of mobile Internet browser You use, unique Device identifiers and other diagnostic data.

We may also collect information that Your browser sends whenever You visit our Service or when You access the Service by or through a mobile Device.

2.1.4 Information from Third-Party Social Media Services

The Company does not allow You to create an account and log in to use the Service through any Third-party Social Media Services. Therefore, the Company does not capture any personal information from a Third-party Social Media Service.

2.1.5 Tracking Technologies and Cookies

We use Cookies and similar tracking technologies to track the activity on Our Service and store certain information. Tracking technologies used are beacons, tags, and scripts to collect and track information and to improve and analyze Our Service. The technologies We use may include:

• Cookies or Browser Cookies. A cookie is a small file placed on Your Device. You may configure Your browser to refuse cookies or notify You when a cookie is being sent. However, disabling cookies may limit Your ability to use certain features of the Service. Unless You adjust Your browser settings to refuse cookies, our Service may use them.

Cookies may be:

-Session Cookies, which are deleted when You close Your browser; or

-Persistent Cookies, which remain on Your Device after You go offline.

• Web Beacons. Certain sections of our Service and our emails 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 a certain section and verifying system and server integrity).

We use both Session and Persistent Cookies for the purposes set out below:

Necessary / Essential Cookies

Type: Session Cookies

Administered by: Us

Purpose: These Cookies are essential to provide You with services available through the Website and to enable You to use some of its features. They help to authenticate users and prevent fraudulent use of user accounts. Without these Cookies, the services that You have asked for cannot be provided, and We only use these Cookies to provide You with those services.

Cookies Policy / Notice Acceptance Cookies

Type: Persistent Cookies

Administered by: Us

Purpose: These Cookies identify if users have accepted the use of cookies on the Website.

Functionality Cookies

Type: Persistent Cookies

Administered by: Us

Purpose: These Cookies allow us to remember choices You make when You use the Website, such as remembering Your login details or language preference. The purpose of these Cookies is to provide You with a more personal experience and to avoid You having to re-enter Your preferences every time You use the Website.

Tracking and Performance Cookies

Type: Persistent Cookies

Administered by: Third Parties

Purpose: These Cookies are used to track information about traffic to the Website and how users use the Website. The information gathered via these Cookies may directly or indirectly identify You as an individual visitor. This is because the information collected is typically linked to a pseudonymous identifier associated with the Device You use to access the Website. We may also use these Cookies to test new pages, features or new functionality of the Website to see how our users react to them.

2.2 Use of Your Personal Data

The Company may use Personal Data for the following purposes:

To provide and maintain our Service, including to monitor the usage of our Service.

To manage Your Account: to manage Your registration as a user of the Service. The Personal Data You provide can give You access to different functionalities of the Service that are available to You as a registered user.

For the performance of a contract: the development, compliance and undertaking of the purchase contract for the products, items, or services You have purchased or of any other contract with Us through the Service.

To contact You: To contact You by email, telephone calls, SMS, or other equivalent forms of electronic communication, such as a mobile application’s push notifications regarding updates or informative communications related to the functionalities, products, or contracted services, including the security updates, when necessary or reasonable for their implementation.

To provide You with news, special offers and general information about other goods, services, and events which we offer that are similar to those that You have already purchased or enquired about unless You have opted not to receive such information.

To manage Your requests: To attend and manage Your requests to Us.

For business transfers: We may use Your information to evaluate or conduct a merger, divestiture, restructuring, reorganization, dissolution, or other sale or transfer of some or all of Our assets, whether as a going concern or as part of bankruptcy, liquidation, or similar proceeding, in which Personal Data held by Us about our Service users is among the assets transferred.

For other purposes: We may use Your information for other purposes, such as data analysis, identifying usage trends, determining the effectiveness of our promotional campaigns and to evaluate and improve our Service, products, services, marketing, and Your experience. In the event Your Personal Data is used with an artificial intelligence, machine learning, or other automated decision-making system (“AI Systems”), such use will only be with Your consent, or to the extent permitted by applicable law.

We may share Your personal information in the following situations:

• With Service Providers: We may share Your personal information with Service Providers to assist Us in operating our Business or to monitor and analyze the use of our Service,
• For business transfers: We may share or transfer Your personal information in connection with, or during negotiations of, any merger, sale of Company assets, financing, or acquisition of all or a portion of Our business to another company.
• With Affiliates: We may share Your information with Our Affiliates, in which case we will require those Affiliates to honor this Privacy Policy. Affiliates include Our parent company and any other subsidiaries, joint venture partners, or other companies that We control or that are under common control with Us.
• With business partners: We may share Your information with Our business partners to offer You certain products, services, or promotions.
• With other users: when You share personal information or otherwise interact in the public areas with other users, such information may be viewed by all users and may be publicly distributed outside. If You interact with other users or register through a Third-Party Social Media Service, Your contacts on the Third-Party Social Media Service may see Your name, profile, pictures and description of Your public activity. Similarly, other users will be able to view descriptions of Your public activity, communicate with You, and view Your profile.
• With Your Consent: We may disclose Your personal information for any other purpose with Your consent.

Retention of Your Personal Data

The Company will retain Your Personal Data only for as long as is reasonably necessary for the purposes set out in this Privacy Policy, and will not retain Your Personal Data or Sensitive Personal Data for any disclosed purpose for longer than reasonably necessary for that purpose. For example, We retain Account and PII for as long as You maintain an active Account with Us, and for a reasonable period thereafter. We will retain and use Your Personal Data to the extent necessary to comply with our legal obligations (for example, if we are required to retain your data to comply with applicable laws), resolve disputes, and enforce our legal agreements and policies.  We may also retain Your Personal Data in data backup systems where it is not feasible to delete it.

The Company will also retain Usage Data for internal analysis purposes. Usage Data is generally retained for a shorter period of time, except when this data is used to strengthen the security or to improve the functionality of Our Service, or We are legally obligated to retain this data for longer time periods.

2.3 Transfer of Your Personal Data

Your information, including Personal Data, is processed at the Company’s operating offices and in any other places where the parties involved in the processing are located. It means that this information may be transferred to — and maintained on — computers located outside of Your state, province, country, or other governmental jurisdiction where the data protection laws may differ than those from Your jurisdiction.

Your consent to this Privacy Policy followed by Your submission of such information represents Your agreement to that transfer.

The Company will take all steps reasonably necessary to ensure that Your data is treated securely and in accordance with this Privacy Policy and no transfer of Your Personal Data will take place to an organization or a country unless there are adequate controls in place including the security of Your data and other personal information.

2.4 Delete Your Personal Data

You have the right to delete or request that We assist in deleting the Personal Data that We have collected about You.

Our Service may give You the ability to delete certain information about You from within the Service.

You may update, amend, or delete Your information at any time by signing in to Your Account, if You have one, and visiting the account settings section that allows You to manage Your personal information. You may also contact Us to request access to, correct, or delete any personal information that You have provided to Us.

Please note, however, that We may need to retain certain information when we have a legal obligation or lawful basis to do so.

2.5 Disclosure of Your Personal Data

2.5.1 Business Transactions

If the Company is involved in a merger, acquisition or asset sale, Your Personal Data may be transferred. We will provide notice before Your Personal Data is transferred and becomes subject to a different Privacy Policy.

2.5.2 Law enforcement

Under certain circumstances, the Company may be required to disclose Your Personal Data if required to do so by law or in response to valid requests by public authorities (e.g., a court or a government agency).

2.5.3 Other legal requirements

The Company may disclose Your Personal Data in the good faith belief that such action is necessary to:

• Comply with a legal obligation
• Protect and defend the rights or property of the Company
• Prevent or investigate possible wrongdoing in connection with the Service
• Protect the personal safety of users of the Service or the public
• Protect against legal liability

2.5.4 Security of Your Personal Data

The security of Your Personal Data is important to Us but remember that no method of transmission over the Internet or method of electronic storage is 100% secure. While We strive to use commercially acceptable means to protect Your Personal Data, We cannot guarantee its absolute security.

3.0 Detailed Information on the Processing of Your Personal Data

The Service Providers We use may have access to Your Personal Data. These third-party vendors collect, store, use, process, and transfer information about Your activity on Our Service in accordance with their Privacy Policies.

3.1 Analytics

We may use third-party Service Providers to monitor and analyze the use of our Service.

3.2 Google Analytics

Google Analytics is a web analytics service offered by Google that tracks and reports website traffic. Google uses the data collected to track and monitor the use of our Service. This data is shared with other Google services. Google may use the collected data to contextualize and personalize the ads of its own advertising network.

You can opt-out of having made Your activity on the Service available to Google Analytics by installing the Google Analytics opt-out browser add-on. The add-on prevents the Google Analytics JavaScript (ga.js, analytics.js and dc.js) from sharing information with Google Analytics about visits activity.

You may opt-out of certain Google Analytics features through Your mobile Device settings, such as Your Device advertising settings or by following the instructions provided by Google in their Privacy Policy: https://policies.google.com/privacy

3.3 Email Marketing

We may use Your Personal Data to contact You with newsletters, marketing or promotional materials and other information that may be of interest to You. You may opt-out of receiving any, or all, of these communications from Us by following the unsubscribe link or instructions provided in any email We send or by contacting Us.

We may use Email Marketing Service Providers to manage and send emails to You.

Mailchimp

Mailchimp is an email marketing sending service provided by The Rocket Science Group LLC.

For more information on the privacy practices of Mailchimp, please visit their privacy policy: https://mailchimp.com/legal/privacy/

4.0 International Data Transfers

If You are resident outside the United States, including in the European Economic Area (EEA), we transfer Personal Information provided by clients for processing in the United States.  Under the GDPR, we are considered a processor or co-processor of the Personal Information of EEA residents and provide processing of data at the request of our clients, who may be controllers or processors of such data.  By providing Personal Information to us for the purpose of obtaining information about us and our Services, clients consent to the processing of such data in the United States.  The transfer of Personal Information to the United States is necessary for the performance of a contract between clients and us.

5.0 CCPA/CPRA Privacy Notice

This privacy notice section for California residents supplements the information contained in Our Privacy Policy, and it applies solely to all visitors, users, and others who reside in the State of California.

5.1 Categories of Personal Information Collected

We collect information that identifies, relates to, describes, references, is capable of being associated with, or could reasonably be linked, directly or indirectly, with a particular Consumer or Device. The following is a list of categories of personal information which we may collect or may have been collected from California residents within the last twelve (12) months.

Please note that the categories and examples provided in the list below are defined in the CCPA/CPRA. This does not mean that all examples of that category of personal information were in fact collected by Us but reflects our good faith belief to the best of Our knowledge that some of that information from the applicable category may be and may have been collected. For example, certain categories of personal information would only be collected if You provided such personal information directly to Us.

5.1.1 Category A: Identifiers.

Examples: A real name, alias, postal address, unique personal identifier, online identifier, internet protocol address, email address, account name, driver’s license number, passport number, or other similar identifiers.

Collected: Yes.

5.1.2 Category B: Personal information categories listed in the California Customer Records statute (Cal. Civ. Code § 1798.80(e)).

Examples: A name, signature, Social Security number, physical characteristics or description, address, telephone number, passport number, driver’s license or state identification card number, insurance policy number, education, employment, employment history, bank account number, credit card number, debit card number, or any other financial information, medical information, or health insurance information. Some personal information included in this category may overlap with other categories.

Collected: Yes.

5.1.3 Category C: Protected Classification Characteristics under California or Federal Law.

Examples: Age (40 years or older), race, color, ancestry, national origin, citizenship, religion or creed, marital status, medical condition, physical or mental disability, sex (including gender, gender identity, gender expression, pregnancy or childbirth and related medical conditions), sexual orientation, veteran or military status, genetic information (including familial genetic information).

Collected: Yes.

5.1.4 Category D: Commercial information.

Examples: Records and history of products or services purchased or considered.

Collected: Yes.

5.1.5 Category E: Biometric information.

Examples: Genetic, physiological, behavioral, and biological characteristics, or activity patterns used to extract a template or other identifier or identifying information, such as, fingerprints, faceprints, and voiceprints, iris or retina scans, keystroke, gait, or other physical patterns, and sleep, health, or exercise data.

Collected: Yes (Rest Assure only. Rest Assure collects physiological sleep monitoring data for health monitoring purposes. This data is not used for identification purposes).

5.1.6 Category F: Internet or other similar network activity.

Examples: Interaction with our Service or advertisement.

Collected: Yes.

5.1.7 Category G: Geolocation data.

Examples: Approximate physical location.

Collected: Yes.

5.1.8 Category H: Sensory data.

Examples: Audio, electronic, visual, thermal, olfactory, or similar information.

Collected: No.

5.1.9 Category I: Professional or employment-related information.

Examples: Current or past job history or performance evaluations.

Collected: Yes.

5.1.10 Category J: Non-public education information (per the Family Educational Rights and Privacy Act (20 U.S.C. Section 1232g, 34 C.F.R. Part 99)).

Examples: Education records directly related to a student maintained by an educational institution or party acting on its behalf, such as grades, transcripts, class lists, student schedules, student identification codes, student financial information, or student disciplinary records.

Collected: No.

5.1.11 Category K: Inferences drawn from other personal information.

Examples: Profile reflecting a person’s preferences, characteristics, psychological trends, predispositions, behavior, attitudes, intelligence, abilities, and aptitudes.

Collected: No.

5.1.12 Category L: Sensitive personal information.

Examples: Account login and password information, geolocation data, and health, physiological, and sleep-monitoring information collected and analyzed through the Application.

Collected: Yes.

Under CCPA/CPRA, personal information does not include:

• Publicly available information from government records
• Deidentified or aggregated consumer information
• Information excluded from the CCPA/CPRA’s scope, such as:
• Health or medical information covered by the Health Insurance Portability and Accountability Act of 1996 (HIPAA) and the California Confidentiality of Medical Information Act (CMIA) or clinical trial data
• Personal Information covered by certain sector-specific privacy laws, including the Fair Credit Reporting Act (FCRA), the Gramm-Leach-Bliley Act (GLBA) or California Financial Information Privacy Act (FIPA), and the Driver’s Privacy Protection Act of 1994

5.2 Sources of Personal Information

We obtain the categories of personal information listed above from the following categories of sources:

• Directly from You. For example, from the forms You complete on our Service, preferences You express or provide through our Service.
• Indirectly from You. For example, from observing Your activity on our Service.
• Automatically from You. For example, through cookies We or our Service Providers set on Your Device as You navigate through our Service.
• From Service Providers. For example, third-party vendors to monitor and analyze the use of our Service, or other third-party vendors that We use to provide the Service to You.

5.3 Use of Personal Information

We may use or disclose personal information We collect for “business purposes” or “commercial purposes” (as defined under the CCPA/CPRA), which may include the following examples:

• To operate our Service and provide You with Our Service.
• To provide You with support and to respond to Your inquiries, including to investigate and address Your concerns and monitor and improve our Service.
• To fulfill or meet the reason You provided the information. For example, if You share Your contact information to ask a question about our Service, We will use that personal information to respond to Your inquiry.
• To respond to law enforcement requests and as required by applicable law, court order, or governmental regulations.
• As described to You when collecting Your personal information or as otherwise set forth in the CCPA/CPRA.
• For internal administrative and auditing purposes.
• To detect security incidents and protect against malicious, deceptive, fraudulent, or illegal activity, including, when necessary, to prosecute those responsible for such activities.
• Other one-time uses.

Please note that the examples provided above are illustrative and not intended to be exhaustive. For more details on how we use this information, please refer to the “Use of Your Personal Data” section.

If We decide to collect additional categories of personal information or use the personal information We collected for materially different, unrelated, or incompatible purposes We will update this Privacy Policy.

5.4 Disclosure of Personal Information

We may use or disclose and may have used or disclosed in the last twelve (12) months the following categories of personal information for business or commercial purposes:

Category A: Identifiers

Category B: Personal information categories listed in the California Customer Records statute (Cal. Civ. Code § 1798.80(e))

Category F: Internet or other similar network activity

Please note that the categories listed above are those defined in the CCPA/CPRA. This does not mean that all examples of that category of personal information were in fact disclosed, but reflects our good faith belief to the best of our knowledge that some of that information from the applicable category may be and may have been disclosed.

When We disclose personal information for a business purpose or a commercial purpose, We enter a contract that describes the purpose and requires the recipient to both keep that personal information confidential and not use it for any purpose except performing the contract.

We will not share Personal Information if such sharing is prohibited by applicable privacy and data protection laws, including, without limitation, the EEA’s General Data Protection Regulation effective May 25, 2018 (“GDPR”) or the CCPA.

5.5 Share of Personal Information

We may share, and have shared in the last twelve (12) months, Your personal information identified in the above categories with the following categories of third parties:

• Service Providers
• Our Affiliates
• Our business partners
• Third party vendors to whom You or Your agents authorize Us to disclose Your personal information in connection with products or services We provide

5.6 Sale or Sharing of Personal Information

Under the California Consumer Privacy Act (CCPA/CPRA), a “sale” of personal information includes disclosing or making personal information available to a third party for valuable consideration, which may include non-monetary benefits. Separately, “sharing” means disclosing or making personal information available to a third party for cross-context behavioral advertising, whether or not for monetary or other valuable consideration.

We do not sell personal information for monetary consideration. However, We may allow certain Service Providers to use Your personal information for business purposes such as advertising (including cross-context behavioral advertising), marketing, and analytics, which may be considered a “sale” or “sharing” of personal information under the CCPA/CPRA.

We generally do not monitor or profile visitors to our Site. We do not use automated decision-making or profiling technology when processing Your Personal Information. As disclosed above under Category L, We do collect certain categories of sensitive Personal Information, including Your account log-in credentials.

5.7 Sale or Sharing of Personal Information of Minors Under 16 Years of Age

We do not knowingly collect personal information from minors under the age of 16 through our Service, although certain third party websites that we link to may do so. These third-party websites have their own terms of use and privacy policies, and We encourage parents and legal guardians to monitor their children’s Internet usage and instruct their children to never provide information on other websites without their permission.

We do not sell or share the personal information of Consumers We actually know are less than 16 years of age, unless We receive affirmative authorization (the “right to opt-in”) from either the Consumer who is between 13 and 16 years of age, or the parent or guardian of a Consumer less than 13 years of age. Consumers who opt-in to the sale or sharing of their personal information may opt-out of future sales or sharing at any time. To exercise the right to opt-out, You (or Your authorized representative) may submit a request to Us by contacting Us.

If You have reason to believe that a child under the age of 13 (or 16) has provided Us with personal information, please contact Us with sufficient detail to enable Us to delete that information.

5.8 Your Rights under the CCPA/CPRA
The CCPA/CPRA provides California residents with specific rights regarding their personal information. If You are a resident of California, You have the following rights:

• The right to notice. You have the right to be notified which categories of Personal Data are being collected and the purposes for which the Personal Data is being used.
• The right to know/access. Under CCPA/CPRA, You have the right to request that We disclose information to You about Our collection, use, sale, disclosure for business purposes and share of personal information. Once We receive and confirm Your request, We will disclose to You:
• The categories of personal information We collected about You
• The categories of sources for the personal information We collected about You
• Our business or commercial purposes for collecting that personal information
• The categories of third parties with whom We share that personal information
• The specific pieces of personal information We collected about You
• If we sold Your personal information or disclosed Your personal information for a business purpose, We will disclose to You:
• The categories of personal information categories sold
• The categories of personal information categories disclosed
• The right to say no to the sale or sharing of Personal Data (opt-out). You have the right to direct Us to not sell or share Your personal information. To submit an opt-out request, please see the “Do Not Sell or Share My Personal Information” section or contact Us.
• The right to correct Personal Data. You have the right to correct or rectify any inaccurate personal information about You that We collected. Once We receive and confirm Your request, We will use commercially reasonable efforts to correct (and direct our Service Providers to correct) Your personal information, unless an exception applies.
• The right to limit use and disclosure of sensitive Personal Data. You have the right to request to limit the use or disclosure of certain sensitive personal information We collected about You, unless an exception applies. To submit, please see the “Limit the Use or Disclosure of My Sensitive Personal Information” section or contact Us.
• The right to delete Personal Data. You have the right to request the deletion of Your Personal Data under certain circumstances, subject to certain exceptions. Once We receive and confirm Your request, We will delete (and direct Our Service Providers to delete) Your personal information from our records, unless an exception applies. We may deny Your deletion request if retaining the information is necessary for Us or Our Service Providers to:
• Complete the transaction for which We collected the personal information, provide a good or service that You requested, take actions reasonably anticipated within the context of our ongoing business relationship with You, or otherwise perform our contract with You.
• Detect security incidents, protect against malicious, deceptive, fraudulent, or illegal activity, or prosecute those responsible for such activities.
• Debug products to identify and repair errors that impair existing intended functionality.
• Exercise free speech, ensure the right of another consumer to exercise their free speech rights, or exercise another right provided for by law.
• Comply with the California Electronic Communications Privacy Act (Cal. Penal Code § 1546 et. seq.).
• Engage in public or peer-reviewed scientific, historical, or statistical research in the public interest that adheres to all other applicable ethics and privacy laws, when the information’s deletion may likely render impossible or seriously impair the research’s achievement, if You previously provided informed consent.
• Enable solely internal uses that are reasonably aligned with consumer expectations based on Your relationship with Us.
• Comply with a legal obligation.
• Make other internal and lawful uses of that information that are compatible with the context in which You provided it.
• The right not to be discriminated against. You have the right not to be discriminated against for exercising any of Your consumer’s rights, including by:
• Denying goods or services to You
• Charging different prices or rates for goods or services, including the use of discounts or other benefits, or imposing penalties
• Providing a different level or quality of goods or services to You
• Suggesting that You will receive a different price or rate for goods or services or a different level or quality of goods or services
• The right not to be retaliated against. You have the right not to be retaliated against for exercising privacy rights conferred by the CCPA, including when a consumer is an applicant to an educational program, a job applicant, a student, an employee, or an independent contractor.

5.9 Exercising Your CCPA/CPRA Data Protection Rights

Please see the “Do Not Sell or Share My Personal Information” section and “Limit the Use or Disclosure of My Sensitive Personal Information” section for more information on how to opt out and limit the use of sensitive information collected.

Additionally, in order to exercise any of Your rights under the CCPA/CPRA, and if You are a California resident, You can contact Us:

• By email: privacy@somnomed.com
• By visiting this page on our website:  https://somnomed.com/en/california-consumer-privacy/
• By phone number (toll-free): 1-888-731-1130
• By mail: SomnoMed, Inc, Attention: Data Protection Officer, 6513 Windcrest Drive, STE 100, Plano TX 75024

Only You, or a person registered with the California Secretary of State that You authorize to act on Your behalf, may make a verifiable request related to Your personal information.

An authorized agent may submit a request on Your behalf if You provide the agent with written permission signed by You. We may require You to verify Your own identity directly with Us or to directly confirm with Us that You provided the authorized agent permission to submit the request, except that this additional verification is not required where the authorized agent provides proof of power of attorney granted pursuant to California Probate Code sections 4121 and 4130.

Your request to Us must:

• Provide sufficient information that allows Us to reasonably verify You are the person about whom We collected personal information or an authorized representative;
• Describe Your request with sufficient detail that allows Us to properly understand, evaluate, and respond to it; and
• Do not provide social security numbers, driver’s license numbers, account numbers, credit or debit card numbers, medical information, or health information with requests.

We cannot respond to Your request or provide You with the required information if We cannot:

• Verify Your identity or authority to make the request; and
• Confirm that the personal information relates to You.

If requests are unclear or submitted through means other than as outlined above, we will provide the California consumer with specific directions on how to submit the request or remedy any deficiencies.  If we cannot verify the identity of the requestor, we may deny the request.

We will disclose and deliver the required information free of charge within 45 days of receiving Your verifiable request. The time period to provide the required information may be extended once by an additional 45 days when reasonably necessary and with prior notice.

Any disclosures We provide will only cover the 12-month period preceding the verifiable request’s receipt.

For data portability requests, We will select a format to provide Your personal information that is readily usable and should allow You to transmit the information from one entity to another entity without hindrance.

Do Not Sell or Share My Personal Information

As defined in the CCPA/CPRA, “sell” and “sale” mean selling, renting, releasing, disclosing, disseminating, making available, transferring, or otherwise communicating orally, in writing, or by electronic or other means, a Consumer’s personal information by the Business to a third party for valuable consideration. “Share” and “sharing” mean disclosing or making personal information available to a third party for cross-context behavioral advertising, whether or not for monetary benefit or other valuable consideration. This means that We may have received some kind of benefit in return for disclosing personal information, but not necessarily a monetary benefit.

We do not sell personal information for monetary consideration. We may allow Service Providers to use Your personal information for the business purposes described in Our Privacy Policy, for activities such as advertising (including cross-context behavioral advertising), marketing, and analytics, and these activities may be deemed a “sale” or “sharing” of personal information under the CCPA/CPRA.

5.10 Opt-Out Preference Signals

We process opt-out preference signals as valid requests to opt-out of the sale or sharing of Your personal information for the browser or Device (and, where the signal is linkable to Your Account) from which the signal is sent. If You enable an opt-out preference signal, You do not need to submit a separate opt-out request through the methods described below for that browser or Device. We do not charge a fee, degrade Your experience with the Service, or require additional information beyond what is necessary to process an opt-out preference signal.

5.11 Website

If applicable, click “Privacy Preferences”, “Update Privacy Preferences” or “Do Not Sell or Share My Personal Information” buttons listed on the Service to review your privacy preferences and opt out of cookies, the sale or sharing of Your personal information, and other technologies that We may use. Please note that You will need to opt out from each browser that You use to access the Service.

 You may also opt out of personalized advertising through the following industry platforms:

• Network Advertising Initiative (NAI) opt-out platform: http://www.networkadvertising.org/choices/
• European Digital Advertising Alliance (EDAA) opt-out platform http://www.youronlinechoices.com/
• Digital Advertising Alliance (DAA) opt-out platform: http://optout.aboutads.info/?c=2&lang=EN

The opt out will place a cookie on Your computer that is unique to the browser You use to opt out. If You change browsers or delete the cookies saved by your browser, You will need to opt out again.

5.12 Mobile Devices

Your mobile Device may give You the ability to opt out of the use of information about the apps You use in order to serve You ads that are targeted to Your interests:

• Android: “Opt out of Interest-Based Ads” or “Opt out of Ads Personalization”
• iOS: “Limit Ad Tracking”

You can also stop the collection of location information from Your mobile Device by changing the preferences on Your mobile Device.

5.13 Limit the Use or Disclosure of My Sensitive Personal Information

If You are a California resident, You have the right to limit the use and disclosure of Your sensitive personal information to that use which is necessary to perform the services or provide the goods reasonably expected by an average Consumer who requests such services or goods.

We collect, use, and disclose sensitive personal information in ways that are necessary to perform the services reasonably expected by an average consumer who requests the Service. For more information on how We use Your personal information, please see the “Use of Your Personal Data” section or contact us.

6.0 “Do Not Track” Policy as Required by California Online Privacy Protection Act (CalOPPA §§ 22575–22579)

Our Service does not respond to Do Not Track signals.

This section addresses only the legacy, browser-based Do Not Track signals. It does not affect Our separate obligation to honor CCPA/CPRA-recognized opt-out preference signals which we process as described in the “Opt-Out Preference Signals” section above.

However, some third party websites do keep track of Your browsing activities. If You are visiting such websites, You can set Your preferences in Your web browser to inform websites that You do not want to be tracked. You can enable or disable DNT by visiting the preferences or settings page of Your web browser.

In addition, certain third-parties described in this Privacy Policy (including those identified in the “Detailed Information on the Processing of Your Personal Data” and “Do Not Sell or Share My Personal Information” sections) may collect personal information about Your online activities over time and across different websites or online services when You use our Service.

7.0 Your California Privacy Rights (California’s Shine the Light law §1798.83)

Under California Civil Code Section 1798.83 (California’s Shine the Light law), California residents with an established business relationship with us can request information once a year about sharing their Personal Data with third parties for the third parties’ direct marketing purposes.

However, the foregoing does not apply to businesses like ours that do not disclose Personal Information to third parties for direct marketing purposes without prior approval, or that give customers a free mechanism to opt out of having their Personal Information disclosed to third parties for their direct marketing purposes.

If You’d like to request more information under the California Shine the Light law, and if You are a California resident, You can contact Us using the contact information provided in the “Contact Us” section below. We will provide a response to You within thirty (30) days.

8.0 California Privacy Rights for Minor Users (California Business and Professions Code Section §22581)

In accordance with California Business and Professions Code Section 22581, We permit California residents under the age of 18 who are registered users of Our online sites, services, or applications to request and obtain removal of content or information they have publicly posted.

To request removal of such content or information, and if You are a California resident under the age of 18 and are a registered user, You can contact Us using the contact information provided below, and include the email address associated with Your account. Your request should clearly identify the specific content or information You would like removed.

Be aware that Your request does not guarantee complete or comprehensive removal of content or information posted online and that the law may not permit or require removal in certain circumstances.

9.0 Children’s Privacy (CCPA/CPRA §§1798.120(c), 1798.185)

Our Service does not address anyone under the age of 13. We do not knowingly collect personally identifiable information from anyone under the age of 13. If You are a parent or guardian and You are aware that Your child has provided Us with Personal Data, please contact Us. If We become aware that We have collected Personal Data from anyone under the age of 13 without verification of parental consent, We take steps to remove that information from Our servers.

If We need to rely on consent as a legal basis for processing Your information and Your country requires consent from a parent, We may require Your parent’s consent before We collect and use that information.