Privacy Policy

THIS PRIVACY POLICY DESCRIBES HOW INFORMATION ABOUT YOU MAY BE USED AND DISCLOSED AND HOW YOU CAN GET ACCESS TO THIS INFORMATION. PLEASE REVIEW IT CAREFULLY.

This Privacy Policy (“Policy”) is being provided to you on behalf of Aerin Medical Inc. (“Aerin Medical”, “we”, “us,” “our”). This Policy explains how we collect, use, and share information that you provide to us and how you can exercise applicable privacy rights. Please read this Policy before using any Aerin Medical services, including the Aerin Medical Website (as defined below), or submitting personal information to us.

This privacy policy covers the operation of Aerin Medical, and except, when otherwise specifically stated in connection with a particular activity, applies to any information collected by Aerin Medical about you, including any and all information provided or collected on www.AerinMedical.com, VivAer.com, and RhinAer.com (each website collectively and individually referred to herein as “Website”), other websites, mobile applications, devices, platforms, phone, email or SMS (Short Message Service) communications, Aerin Medical pages or ads on social media networks, or other online service that displays, links to, or references this privacy policy (each of these collectively referred to as “Services” or “Aerin Medical Services”, and individually referred to herein as “Service” or “Aerin Medical Service”). By accessing, visiting, browsing, using, submitting information through, or otherwise interacting with any of these Services, you agree to the terms of this privacy policy. Whenever you submit information via any of these Services, you consent to the collection, use, and disclosure of that information in accordance with this privacy policy.

This privacy policy does not apply to information collected from you offline, or to third-party websites or services to which the Aerin Medical Services may link. Your use of these Services is governed by the Terms and Conditions of Use located at www.aerinmedical.com/terms-of-use/.

The following types of information are examples of information that Aerin Medical may collect that is not subject to this privacy policy, but rather to other agreements with you or a third-party governing how it is used or disclosed:

Such information will be collected, used, and shared by Aerin Medical as stated in such agreements, rather than those stated in this privacy policy.

INFORMATION AERIN MEDICAL GATHERS AND TRACKS

Aerin Medical collects information in two ways:

1.  Information that users provide through optional, voluntary submissions: This information may include personal information, such as your name, phone number, email address, nature of address, street address, audio, electronic, or similar information (ex: call recordings), medical information, employment-related information, and whatever other information you submit through web forms on the Website or through any Aerin Medical Services. We collect this information to respond to requests from users, customize our features for individual visitors who are Aerin Medical customers, improve the Aerin Medical Services, notify customers about updates to the Website and our other products and services, and more. To protect your privacy, you should not provide Aerin Medical with any information that is not specifically requested. “Sensitive” personal information is information revealing or relating to your health.

Personal information can be obtained for a variety of sources, including:

You understand that information you submit through the Website or Aerin Medical Services generally will not be protected under the Health Insurance Portability and Accountability Act of 1996 (“HIPAA”).

2. Information that we collect automatically: This information may include website usage details, IP addresses, machine type, browser and operating system type, mobile device type, geolocation, the full Uniform Resource Locator (URL), and information collected through tracking technologies such as cookies and web beacons. Information Aerin Medical gathers through aggregated tracking is used for a variety of purposes, such as to determine which areas of the Website users like and don’t like based on traffic to those areas. We do not track what individual users read, but rather how well each page performs overall. We collect this information to determine how to create the best experience for our customers. We may track search terms entered in our search function as one of many measures of what interests our users, but this tracking is not associated with individual users.

STORAGE INFORMATION

Aerin Medical may store any of the information collected pursuant to this privacy policy on its own servers or those of its vendors, which may be located outside of the United States. Personal information you provide by filling out forms on the Website or in connection with Aerin Medical Services are stored in encrypted form. This information will be decrypted and used to provide and enhance the Aerin Medical Services and as otherwise indicated in this privacy policy.

USE OF PERSONAL INFORMATION

Aerin Medical protects the security of your personal information or other information collected about or in relation to you and honors your choices for its intended use. We do not disclose your information to third parties unless specifically stated otherwise.

We may use third-party contractors to help us operate our business and the Aerin Medical Services or administer activities on our behalf, and we may share your personal information and other information collected about you with these contractors for those limited purposes.

Except as otherwise stated, we may use and combine information collected via the Aerin Medical Services to improve your experience with the Services, to customize the Website  to your preferences, to communicate information to you, for our marketing, advertising, and research purposes, to compile and analyze statistics and trends, to connect you with medical providers, to maintain the quality and safety of our products and Services, for training purposes, to verify customer information, and for any other purpose specified. In addition, personal information you supply to us may be used by us to supply you information regarding, and connect you with, medical providers that can provide you with Aerin Medical products and services. Aerin Medical may share both personal and passive unidentifiable information related to you with our staff and with non-Aerin Medical staff at participating doctors’ offices, for the purpose of contacting patients to set appointments.

We may now, or in the future, use a robust combination of data sources to get a full picture of our product and marketing efforts. This data is only for our efforts and we do not share your Personal Information with other businesses for them to use for purposes other than their work with us.

For human resources purposes, when you submit an inquiry about a job at Aerin Medical, we may use the information you provide to match your experience and preferences with the job openings we have, and someone from Aerin Medical may contact you about a possible employment opportunity. Please note that by submitting your information regarding employment opportunities with Aerin Medical, you authorize us to transmit and store your information in our recruitment database.

Notwithstanding any other provision to the contrary, Aerin Medical reserves the right to cooperate with local, state and federal officials in any investigation relating to any purported illegal activity and, when required by law, regulation, legal process or government requests, to disclose any personal information furnished by you or collected by us to law enforcement authorities or other relevant or related third-parties.

Business Transfers – In the event that we are involved in a bankruptcy, merger, acquisition, reorganization, sale of assets or change in our ownership or control, your information may be sold or transferred as part of that transaction. The promises in this Privacy Policy will apply to your information as transferred to the new entity.

In addition to the situations described above, we may use and disclose visitor information in special instances when we have reason to believe disclosing this information is necessary to investigate, identify, contact, or bring legal action against someone who may be causing injury to or interfering with our rights or property, other Website visitors, or anyone else. We may disclose visitor information when subpoenaed, if ordered or otherwise required by a court of law, arbitrator, or other similar proceeding or the rules governing such a proceeding, for government investigations, with government agencies if required by law, and when we otherwise believe in good faith that any applicable law requires.

SECURITY

Aerin Medical operates secure data networks protected by industry standard firewall and password protection systems. Our security and privacy policies are periodically reviewed and enhanced as necessary and only authorized individuals have access to the information provided by our customers. Unfortunately, the transmission of information via the internet is not completely secure. Although we use commercially reasonable efforts to protect your personal information, we cannot guarantee the security of your personal information transmitted to through the Website. Any transmission of personal information is at your own risk.

HOW WE SHARE YOUR INFORMATION

In the ordinary course of business, we will share some personal information with companies that we hire to perform services or functions on our behalf such as marketing and advertising service providers, technology service providers, security service providers, analytics service providers, mailing and shipping providers, and employee-related service providers. These partners are not allowed to use your information for any purpose other than doing business with Aerin Medical.

We may be required to release consumers’ personal information in response to a court order, subpoena, search warrant, law, regulation, or government investigation. In addition, we may keep, disclose, and use consumers’ personal information to comply with U.S. FDA and other governmental guidance, directions, regulations, and laws.

Aerin Medical may share your information with health care providers to assist or aid in your treatment. For example, we may share personal information: with non-Aerin Medical staff at health care providers’ offices for the purpose of setting appointments or finding area providers, when you have requested that we do so, and contacting you to set appointments; with medical providers and their staff when you indicate an interest in contacting them; and as described in any informed consent that you have executed.

ACCESSING AND CORRECTING YOUR INFORMATION

You may contact us if you wish to view and/or correct the personal information that Aerin Medical has about you, and we will use commercially reasonable efforts to accommodate your request. You may also contact us if you believe that any inaccurate or inappropriate information has been obtained or provided to others through your use of the Website. At this time, we may not be able to specifically identify and provide you with all the information we have collected about you for your review, editing, or removal from our databases. To provide you with any information, we may, but are not required to, request that you prove your identity to our satisfaction.

CHILDREN UNDER THE AGE OF 13

CONSISTENT WITH THE UNITED STATES FEDERAL CHILDREN’S ONLINE PRIVACY PROTECTION ACT OF 1998 (COPPA), AERIN MEDICAL WILL NEVER KNOWINGLY REQUEST PERSONALLY IDENTIFIABLE INFORMATION FROM ANYONE UNDER THE AGE OF 13 WITHOUT REQUESTING PARENTAL CONSENT. IF YOU ARE A PARENT OR GUARDIAN, PLEASE CONTACT US IF YOU BELIEVE INFORMATION REGARDING A CHILD HAS BEEN COLLECTED BY US THROUGH OUR SERVICES.

COOKIES AND OTHER AUTOMATIC DATA COLLECTION TECHNOLOGIES

As you navigate through and interact with the Website, we may use automatic data collection technologies to collect certain information about your equipment, browsing actions and patterns, including:

We may place a text file called a “cookie” in the browser files of your computer. Aerin Medical uses cookies to track user traffic patterns (as described above). You can refuse cookies by turning them off in your browser. The “help” feature on most browsers will tell you how to prevent your browser from accepting new cookies, how to have the browser notify you when you receive a new cookie and how to disable cookies altogether. If you have set your browser to warn you before accepting cookies, you will receive the warning message with each cookie. You do not need to have cookies turned on to use the Website; however, it will help you to participate more actively in some features. By using the Website with your browser settings adjusted to accept cookies, you consent to our use of cookies and other technologies as described in this Policy.

Web beacons may be used by Aerin now or in the future. Web beacons allow Aerin to (a) determine whether you have opened, or acted upon, a promotional email and which links you have clicked on, to deliver to you more focused communications and other content, (b) allow Aerin to count the number of users who have visited certain Web pages and effectively deliver co-branded services, and (c) enable Aerin to compile aggregated statistics and determine the efficacy of promotions by using Web beacons from third parties, without allowing such third parties to use Web beacons to collect or access your personal information.

The Website may permit you to use a third-party social networking platform, such as Facebook and Twitter. This includes use of social media plugins, such as Facebook “Like”, Tweet and other buttons. When you use social networking platforms and plugins, you share your information with them, and their privacy policy applies to disclosure of such information. In addition, these social networking platforms may collect information about you, including your use of the Website. Please note that their own privacy policies apply, and we encourage you to read them. We may add new social networking plugins and buttons to our Website from time to time.

THIRD PARTY SERVICE PROVIDERS

We may use a variety of third-party services to help provide Aerin Medical Services, such as developing and hosting the Website, operating a call center to support the Aerin Medical Services, to help us understand the use of Aerin Medical Services, and to provide you with advertising. We may also collect or otherwise gather information related to you from these third-party service providers. These third-party service providers may collect, store, and share information as further dictated by the privacy policies of those third parties.

The Aerin Medical Services, including the Website, may contain links to other websites and embedded content that comes from other websites and services, and now or in the future we may use buttons from other websites and services such as social media websites, and these third parties may use cookies or other tracking devices to collect and track information about you across the Internet. We are not responsible for the privacy practices or the content of these other websites or companies or their data collection practices. You should check the privacy policies of these other websites and companies when providing personally identifiable information or to find out what other information they collect from users, whether while on their platform or website or in relation to links, buttons, or embedded media.  We are not responsible for the privacy practices or the content of these other websites or entities or their data collection practices.

We may use Formstack or other services to provide our Website forms, into which you may supply information about yourself as otherwise described in this Privacy Policy. You may review Formstack’s privacy policy regarding its services, including those that are used in relation to the Website here: https://www.formstack.com/privacy.

Google, Inc. may use the data collected to track and examine the use of the Website, to prepare reports on its activities and share them with other Google, Inc. services. Google, Inc. may also use the data collected to contextualize and personalize the ads of its own advertising network, such as by using cookies to serve ads based on a user’s prior visits to the Site or other websites. You may view Google’s privacy policy here: https://policies.google.com/privacy?hl=en, with more information located here: https://www.google.com/policies/privacy/partners/ (including information regarding how to control how information is shared through your Ads Settings) and here: https://support.google.com/analytics/answer/6004245?hl=en.

You can prevent the collection of the data generated by Google Analytics in relation to your use of the Web site (including your IP address) and the processing of this data by downloading and installing the browser plug-in, with more information regarding how you can opt out of Google Analytics data collection as instructed here: https://tools.google.com/dlpage/gaoptout. This link provides instructions for installing an opt-out cookie on your device. As a result, the collection of data by Google Analytics is prevented in future for the Website and for this browser as long as the opt-out cookie remains installed in your browser.

We may, now or in the future, use Hotjar to better understand behavior on the Website. Hotjar uses cookies and other technologies to collect website usage data, including a device’s IP address, device screen size, device type, browser information, and more. Hotjar stores this information on our behalf in a pseudonymized user profile. Hotjar is contractually forbidden to sell any of the data collected on our behalf. For further details, please see the ‘about Hotjar’ section of Hotjar’s support site.

We may, now or in the future, use Zoom for operating our online educational or informational session and use of the Zoom platform is subject to Zoom’s own Privacy Policy, which can be viewed here: https://zoom.us/privacy, along with Zoom’s general legal and privacy terms here: https://zoom.us/privacy-and-legal .

We may, now or in the future, use various Facebook related products and services in relation to the Website. Facebook similarly provides more information regarding the information it collects and how it is used in relation to advertising along with methods to opt out of collecting and sharing of information here: https://www.facebook.com/settings?tab=ads; and https://www.facebook.com/policy.php.

Additional general information regarding opt-out from interest-based advertising from companies belonging to the Network Advertising Initiative can be found here: http://optout.networkadvertising.org/#!/, information regarding opting out through the Digital Advertising Alliance can be found here: http://optout.aboutads.info/#!/.

YOUR CALIFORNIA PRIVACY RIGHTS

California Civil Code § 1798.83 permits visitors of the Website who are California residents to request certain information regarding our disclosure of personal information to third parties for their direct marketing purposes. To make such a request, please contact us and indicate whether you are a California resident. It is not our intent, however, to collect personal information and share such information with any third party for that third party’s direct marketing purposes.

California law requires us to let you know how we respond to web browser “Do Not Track” signals. The Website does not currently support “Do Not Track” codes. That is, Aerin Medical does not currently respond to, or take any action with regard to, “Do Not Track” requests.

Except as set forth in this Privacy Policy, we generally do not combine information about you that is collected on the Website with information we have related to you that is collected through means other than through the Website. We may combine information collected about you with information provided by third-party service providers, such as those mentioned above, and other third-party services, such as social media websites like Facebook.

OPT IN AND OPT OUT CHOICES AND CONTACT FOR AERIN MEDICAL

If you have questions about the use, amendment, or deletion of personal information that you have provided to us, or if you would like to opt out of future communications from Aerin Medical please contact us at info@aerinmedical.com.

BY ACCESSING, VISITING, BROWSING, USING, OR ATTEMPTING TO INTERACT WITH ANY PART OF THE AERIN MEDICAL SERVICES, INCLUDING WITHOUT LIMITATION THE WEBSITE’S FORMS, YOU EXPRESSLY OPT INTO THE PRIVACY AND DATA SHARING PRACTICES DESCRIBED IN THIS PRIVACY POLICY, INCLUDING WITHOUT LIMITATION US CONTACTING YOU BY EMAIL, PHONE, or SMS MESSAGING FOR ADVERTISING PURPOSES.

SOCIAL MEDIA

We’ve created social media communities to foster discussion. Our communities may contain posts by third parties. As such, we are not responsible for their content or opinions, and we reserve the right to remove any comment or content for any reason. See our full social media guidelines here: https://aerinmedical.com/social-terms-of-use/

PRIVACY POLICY CHANGES

Aerin Medical Inc. reserves the right to amend this Privacy Policy without prior notice for any reason, including without limitation to reflect technological advancements, legal, and regulatory changes and good business practices. Please check back periodically, and especially before you provide any personal information.

This Policy was last updated and is effective on 4 August 2022.