PLEASE READ THE TERMS OF THIS AGREEMENT CAREFULLY BEFORE USING THIS APP.
What ASTHMAXcel is
The ASTHMAXCEL website and any related mobile app (the “App” or “ASTHMAXCEL”) is an interactive software program that consists of questions, answers, movies and other content about asthma. The information provided is designed to teach individuals about asthma, and to help them manage their asthma while improving their asthma control. We know that privacy is an important part of our relationship with our users, so we are committed to advancing a safe and respectful environment for the users of our Website. We collect only that information about our Website users and their activities on our website as is necessary to help us provide the best possible experience in furtherance of our mission.
THE APP IS INTENDED TO BE USED FOR GENERAL EDUCATIONAL AND INFORMATIONAL PURPOSES ONLY AND SHOULD NOT BE RELIED UPON AS A SUBSTITUTE FOR YOUR OWN OR A DOCTOR’S PROFESSIONAL MEDICAL JUDGMENT OR MEDICAL ADVICE. WE DO NOT PROVIDE SPECIFIC OR INDIVIDUALIZED MEDICAL ADVICE OR MEDICAL OR HEALTH SERVICES, ALTHOUGH YOUR DOCTOR OR OTHER HEALTH CARE PROVIDERS MAY COMMUNICATE WITH YOU USING THE APP IN CONNECTION WITH THAT DOCTOR’S OR HEALTH CARE PROVIDER’S COMMUNICATIONS TO YOU. WE WORK INDEPENDENTLY OF DOCTORS AND HEALTH CARE PROVIDERS, WHICH MEANS WE DO NOT DIRECTLY PROVIDE MEDICAL TREATMENT OR CARE. THE APP IS NOT A MEDICAL DEVICE, IS NOT INTENDED TO SUBSTITUTE FOR ANY MEDICAL DEVICE, AND HAS NOT BEEN REVIEWED BY THE FEDERAL FOOD AND DRUG ADMINISTRATION (“FDA”). PLEASE ALSO NOTE THAT YOUR INFORMATION COLLECTED AND STORED BY THE APP MAY NOT BE PROTECTED UNDER THE HEALTH INSURANCE PORTABILITY AND ACCOUNTABILITY ACT (“HIPAA”).
2. Information Collection and Use
a. Information You Provide Us
While using our Website, we may ask you to provide us with certain personal information that we can use to contact or identify you. Personal information may include, but is not limited to, your name, address, e-mail, or other contact or account information or health information that you provide when using the App ("Personal Information"). We may use this information to respond to your requests or help us get the information you or services you requested. Submitting Personal Information is voluntary.
This information may be collected in (but not limited to) the following ways:
When you register for or update an existing profile on the Website;
When you use interactive tools and services that we offer, including the App itself;
When you sign-up for newsletters or other communications from the Website, however, we will not send you marketing or advertising communications unless you sign up to receive such communications. If you wish to discontinue receiving such communications, please send your request to email@example.com
You can take actions to block cookies by opting out. Blocking session cookies from your computer will not affect your access to the content and tools on our Website. Blocking multi-session or persistent cookies may affect the personalization of the information on some sites.
Please note however that the above provision regarding Cookies shall not apply to the App or the parts of the Website that are accessible only to signed-in users. Users using the App and parts of the Website that require users to have signed-in, agree and are aware that individuals and their usage may be identified and tracked.
c. Web Analytics
We use Google’s Universal Analytics (“UA”) to monitor Website usage and analyze aggregate demographic and interest data of our visitors. We will not use this information to identify you as an individual. While some websites use these tools to serve advertisements on their sites, ASTHMAXCEL only uses them to analyze demographic data.
The information we collect during your visit includes but is not limited to:
The name of the domain you use to access the Internet;
The date and time of your visit to our Website;
The pages and documents you viewed on our Website;
The URL of the website you visited prior to ours;
The type and version of your Web browser and operating system; and
Your location at the time of your visit, down to the state level.
d. Children’s Privacy; Parental Consent Required for Use by Children Under 13.
The Website is intended to provide information to children and adults, including children under the age of 13 (“Children” or “Child”) whose parents or guardians have provided us with their consent. We do not require Children to disclose more Personal Information than is reasonably necessary to use the Website for its intended purpose. All Personal Information of Children collected by us will be subject to the terms of this Policy. This means that we will not share Personal Information of Children to third parties except as is necessary for us to operate the Website, and we will not share Personal Information of Children with third parties for advertising or marketing purposes.
By permitting your Child to use the Website, you consent to our collection and use of your Child’s Personal Information in accordance with this Policy. As the parent or guardian of your Child, you may request access to review, update, correct or delete the Personal Information we hold regarding your Child by contacting us at firstname.lastname@example.org and use the subject header “Parental Rights Request.” You may also contact us at the same e-mail address at any time to revoke your consent and direct us not to further collect or use your Child’s Personal Information. Please note that by revoking consent those features of the Website which reasonably require access to your Child’s Personal Information will be affected. When you contact us with a parental request, please (1) include your account user name and your child’s account user name (where applicable) and your contact information for our verification purposes, and (2) indicate whether your request is for access to your Child’s Personal Information or for deletion of Personal Information or the entire user account.
Registration and Parental Consent Process
Users of the Website (except Children) may register for the App on our Website or directly from the App.
For Children, the parent or legal guardian must register on the Website directly or through the App on behalf of the Child and provide us with consent following the process described below:
Provide us with your e-mail address on the App or Website registration page.
We will reply with an e-mail requesting your consent to collect and use your Child’s Personal Information in accordance with this Policy. Our e-mail will provide a link to this Policy and you should click through and read the entire Policy.
If you intend to grant us consent, you must reply to our e-mail by sending us a second e-mail that indicates your consent.
We will then send a confirmation to you by e-mail, letter or phone call.
Remember: you can revoke your consent at any time by notifying us at email@example.com.
If we learn that a Child has registered for the Website without our confirming parental consent through the process described above, we reserve the right to delete that account and all Personal Information associated with it.
3. Disclosure of Personal Information
We may disclose your Personal Information (as well as data generated by cookies and non-personally identifying information we aggregate) to those employees, contractors, and affiliated organizations that (i) need to know that information in order to process it on our behalf or to provide services available on the Website, and (ii) that have agreed not to disclose it to others. By using the Website, you consent to the transfer of such information to such persons.
We may also disclose your Personal Information and/or payment information to the vendors and service agencies that we may engage to assist us in providing our services to you. We require these third parties to agree not to disclose your Personal Information to others and to use such information solely as required to perform services to Us.
We will not otherwise sell or transfer your Personal Information to any company or organization without your permission, although we may do so with non-personal information that we collect (“Aggregate Information”), as described below. However, we may transfer your Personal Information to a successor entity upon a merger, sale, consolidation, or other corporate reorganization to which ASTHMAXCEL is a party.
We use Aggregate Information to analyze trends, administer the Website, track users’ movement on the Website, and gather broad demographic information for aggregate use. Our purpose in collecting such information is to better understand how our visitors use the Website. From time to time, we may also release (e.g., by publishing a report on trends in the usage of the Website) or sell such aggregated information to outside companies or organizations. Although Aggregate Information does not identify users personally, there is a risk that third parties who receive such data from Us may use it to re-identify specific users. When we require third parties with whom we share Aggregate Information to agree that they will not attempt to re-identify such information to any particular individual.
4. Information You Share with Third-Party Services
ASTHMAXCEL maintains accounts on third-party websites, including social media sites like Facebook and LinkedIn. The security and privacy of third-party websites is not under our control and may vary; please exercise caution when accessing these sites.
If you have an account or profile with a third-party website, and choose to use, follow, like, friend, or comment on a third-party website, certain personal information associated with your account may be made available to us based on the privacy policies of the third-party website and your privacy settings within that website. We do not share Personal Information made available through these websites.
5. Do Not Track Signals and Similar Mechanisms
ASTHMAXCEL does not track visitors to our Website across third-party websites for the purpose of providing targeted advertising. Some web browsers may transmit “do-not-track” signals to websites with which the browser communicates. Our Website does not currently respond to these “do-not-track” signals.
6. Your California Privacy Rights
If you are a California resident, you may ask us for a notice identifying the categories of personal customer information that we share with our affiliates and/or third parties for marketing purposes and to refrain from sharing your personal information with certain of these entities for their marketing purposes. Please tell us your preference by contacting us at the following address: ASTHMAXCEL c/o General Counsel, 555 South Broadway, Tarrytown, NY 10591. In your request, please specify that you want an “ASTHMAXCEL California Privacy Rights Notice.” Please allow 30 days for a response.
We are committed to protecting our users’ information. While we take reasonable data protection precautions, no security measures are completely effective, and we do not guarantee the security of user information at any time. We will not be liable for any breach of the security measures on the Website or any loss, misuse, or alteration of information resulting therefrom or from communications through the Internet.
8. Deletion of Your Personal Information
We use reasonable efforts to delete your Personal Information from our systems within a reasonable time after your account is cancelled or terminated, but in any event not later than thirty (30) days after the date of cancellation or termination. We may retain some or all of such information to the extent required by law or as we deem necessary to protect our rights.
9. Contacting ASTHMAXCEL
ASTHMAXCEL c/o General Counsel
555 South Broadway
Tarrytown, NY 10591