Last Updated June 5, 2020
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.
ALTHOUGH THE WEBSITE MAY COLLECT DATA YOU PROVIDE REGARDING HOSPITALIZATIONS, EMERGENCY ROOM VISITS AND THE FREQUENCY OF YOUR USE OF ANY ASTHMA MEDICATION, THE WEBSITE DOES NOT PROVIDE SUCH INFORMATION IMMEDIATELY OR IN REAL TIME TO YOUR HEALTHCARE PROVIDER AND MAY NOT BE AVAILABLE TO OR REVIEWED BY YOUR HEALTHCARE PROVIDER WHEN YOU ARE HOSPITALIZED OR RECEIVING EMERGENCY ROOM OR OTHER MEDICAL CARE. ACCORDINGLY, YOUR USE OF THE WEBSITE IS NOT A SUBSTITUTE FOR YOUR DIRECT COMMUNICATION TO YOUR HEALTHCARE PROVIDER REGARDING YOUR SYMPTOMS AND CONDITION. THE WEBSITE IS NOT DESIGNED OR INTENDED TO BE A PART OF ANY TREATMENT YOU MAY BE RECEIVING FROM YOUR HEALTHCARE PROVIDER, AND YOU SHOULD NOT RELY ON THE WEBSITE TO PROVIDE INFORMATION IN REAL TIME TO YOUR HEALTH CARE PROVIDER.
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”).
Information Collection and Use
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 self-reported 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.
We use Google’s Universal Analytics (“UA”) to monitor your Website and App usage and analyze aggregate demographic and interest data of our visitors. Any identifiable app usage data will be used only to evaluate users’ experiences with the app in order to improve the app. Such identifiable data will not be shared with any third parties other than our personnel who have a need to access this data to perform their duties. 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.
We Do Not Knowingly Collect Information from Children
Our Website is not intended for use by children under the age of 13. Therefore, you must be at least 13 years of age to use the Website If you are under the age of 13, please do not send us any information about yourself (including, without limitation, your name, address, telephone number, credit card information, or e-mail address). In the event we learn that we have collected Personal Information from a person under the age of 13, we will delete that information as soon as reasonably practicable.
If you believe we might have information from or about a person under the age of 13, please contact us at firstname.lastname@example.org
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.
Information you submit into the Website may include your self-reported outcomes and information regarding hospitalizations and medication use. Such data will be shared with the physician that you identify as having treated you in a hospitalization or emergency room visit. By submitting such information through the Website, you consent to the sharing of that information with your treating physician.
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. 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.
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.
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.
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.
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.
ASTHMAXcel c/o General Counsel
555 South Broadway
Tarrytown, NY 10591