AVAIL MEDSYSTEMS
PRIVACY POLICY
Avail Medsystems, Inc. (“Avail,” “we,” “our,” and/or “us”) values the privacy of individuals who use our website (https://www.avail.io) and our applications and related services that link to this Privacy Policy (collectively, our “Services”). This privacy policy (the “Privacy Policy”) explains how we collect, use, and share information from users of our Services (“Users”).
As used in this Privacy Policy, “Personal Information” means any information relating to an identified or identifiable individual. It applies to Users of our console at the site where the console is located (“Console Users”) and Users connecting to the console remotely (“Remote Users”). By using our Services, you agree to the collection, use, disclosure, and procedures this Privacy Policy describes. Beyond the Privacy Policy, your use of our Services is also subject to our Terms of Use.
- Your Privacy: Overview
Information We Collect
We may collect a variety of information from or about you or your devices from various sources, as described below.
If you do not provide your Personal Information when requested, you may not be able to use our Services if that Personal Information is necessary to provide you with our Services or if we are legally required to collect it.
- Information You Provide to Us
Registration and Profile Information. When you sign up for an account, register to use our Services, sign up for notifications or updates, or participate in our surveys, we ask you for your name and email address. We will also collect any additional Personal Information you choose to provide. If you are a Console User, we will receive an organizational chart which will include your relationship within it. If you are a Remote User, we will also ask you to provide your phone number.
Communications. If you contact us directly, we may receive additional Personal Information about you. For example, when you contact us for support, we will receive your name, email address, phone number, the contents of a message or attachments that you may send to us, and other information you choose to provide. If you subscribe to our newsletter, then we will collect certain Personal Information from you, such as your email address. When we send you emails, we may track whether you open them to learn how to deliver a better customer experience and improve our Services.
Careers. If you decide that you wish to apply for a job with us, you may submit your contact information and your resume online. We will collect the Personal Information you choose to provide on your resume, such as your education and employment experience. You may also apply through a third-party platform, such as LinkedIn. If you do so, we will collect the Personal Information you make available to us via those third-party platforms.
Scheduling Information. If you are a Remote User, we will ask you to provide information about your schedule and your therapeutic area and types of procedures you support to connect you to Console Users.
- Information We Collect When You Use Our Services.
Location Information. When you use our Services, we may infer your general location information, for example by using your internet protocol (IP) address.
Device Information. We receive information about the device and software you use to access our Services, including IP address, web browser type, operating system version, phone carrier and manufacturer, application installations, device identifiers, mobile advertising identifiers, and push notification tokens.
Usage Information. To help us understand how you use our Services and to help us improve them, we automatically receive information about your interactions with our Services, like the pages or other content you view, and the dates and times of your visits.
Call and Text Information. We work with a third-party partner to facilitate phone calls and text messages between Console Users and Remote Users who have been connected. We receive information about these communications, such as the date, time, and duration of the calls and who participated in the calls.
Analytics Partners. We use analytics services such as Google Analytics, Hubspot, and LinkedIn analytics to collect and process certain analytics data. These services may also collect information about your use of other websites, apps, and online resources. You can learn about Google’s practices by going to https://www.google.com/policies/privacy/partners/ and opt out of them by downloading the Google Analytics opt-out browser add-on, available at https://tools.google.com/dlpage/gaoptout.
- Information We Receive from Third Parties
Information from Third-Party Services. If you choose to link our Services to a third-party account, we may receive information about you, such as your calendar information. If you wish to limit the information available to us, you should visit the privacy settings of your third-party accounts to learn about your options.
How We Use the Information We Collect
We use the Personal Information we collect:
- To provide, maintain, improve, and enhance our Services;
- To personalize your experience on our Services such as by providing tailored content and recommendations;
- To understand and analyze how you use our Services and develop new products, services, features, and functionality;
- To communicate with you, provide you with updates and other information relating to our Services, provide information that you request, respond to comments and questions, and otherwise provide customer support;
- For marketing and advertising purposes, such as developing and providing promotional and advertising materials that may be relevant, valuable or otherwise of interest to you;
- To generate data in de-identified and aggregated form for internal product development and improvement purposes;
- To find and prevent fraud, and respond to trust and safety issues that may arise;
- For compliance purposes, including enforcing our TOS or other legal rights, or as may be required by applicable laws and regulations or requested by any judicial process or governmental agency; and
- For other purposes for which we provide specific notice at the time the Personal Information is collected.
What Are Cookies and How Do We Use Them?
Cookies are small files of letters and numbers that we store on your browser or the hard drive of your computer. They contain information that is transferred to your computer’s hard drive.
We use cookies, beacons, invisible tags, and similar technologies (collectively “Cookies”) to collect information about your browsing activities and to distinguish you from other Users. This aids your experience when you use our Services and allows us to improve the functionality of our Services. Cookies can be used for performance management, collecting information on how our Services are being used for analytics purposes. They can also be used for functionality management, enabling us to make the User’s visit more efficient by, for example, remembering language preferences, passwords, and log-in details. We may also use pixel tags and web beacons on our Services. These are tiny graphic images placed on web pages or in our emails that allow us to determine whether you have performed a specific action. Below is an overview of the types of Cookies we and third parties may use to collect information.
- Strictly Necessary Cookies. Some Cookies are strictly necessary to make our Services available to you. We cannot provide you with our Services without these Cookies.
- Functional Cookies. These Cookies are used to recognize you when you return to our Services. This enables us to adapt our content for you, and remember your preferences (for example, your choice of language or region).
- Analytical or Performance Cookies.
Where required by applicable law, we obtain your consent to use Cookies. You can find more information about your rights and choices, and how to block the use of certain Cookies in the section Your Rights and Choices below.
Legal Bases for Processing European Information
If you are located in the European Economic Area (“EEA”) or the United Kingdom (“UK”), we only process your Personal Information when we have a valid “legal basis” to do so, including as described below.
- Consent. You have consented to the use of your Personal Information. For example, we may process your Personal Information to send you marketing communications or to use Cookies where you have consented to such use.
- Contractual Necessity. We need your Personal Information to provide you with our Services. For example, we may need to process your Personal Information to respond to your inquiries.
- Compliance with a Legal Obligation. We have a legal obligation to use your Personal Information. For example, we may process your Personal Information to comply with tax and accounting obligations.
Legitimate Interests. We or a third party have a legitimate interest in using your Personal Information. Specifically, we have a legitimate interest in using your Personal Information for product development and internal analytics purposes, and otherwise to improve the safety, security, and performance of our Services. We only rely on our or a third party’s legitimate interests to process your Personal Information when these interests are not overridden by your rights and interests.
How We Share the Information We Collect
Vendors and Service Providers. We may share any information we receive with vendors and service providers in connection with the provision of our Services.
Affiliates. We may share any information we receive with our affiliates for any of the purposes described in this Privacy Policy.
Business Partners and Event Sponsors. We may share any information we receive with our business partners and event sponsors for any of the purposes described in this Privacy Policy.
Third- Party App Integrations. If you connect a third-party application to our Services, we may share information such as scheduling and call activity with that third party.
Marketing. We do not rent, sell, or share Personal Information about you with nonaffiliated companies for their direct marketing purposes unless we have your permission.
Analytics Partners. We use analytics services such as Google Analytics to collect and process certain analytics data. These services may also collect information about your use of other websites, apps, and online resources. You can learn more about Google’s practices by visiting https://www.google.com/policies/privacy/partners/. To help us understand how you use our Services and to help us improve them, we automatically receive information about your interactions with our Services, like the pages or other content you view, and the dates and times of your visits.
Advertising Partners. We work with third-party advertising partners to show you ads that we think may interest you. Some of our advertising partners are members of the Network Advertising Initiative (http://optout.networkadvertising.org/?c=1#!/) or the Digital Advertising Alliance (http://optout.aboutads.info/?c=2&lang=EN). If you do not wish to receive personalized ads, please visit their opt-out pages to learn about how you may opt out of receiving web-based personalized ads from member companies. You can access any settings offered by your mobile operating system to limit ad tracking, or you can install the AppChoices mobile app to learn more about how you may opt out of personalized ads in mobile apps.
As Required by Law and Similar Disclosures. We may access, preserve, and disclose your Personal Information if we believe doing so is required or appropriate to: (a) comply with law enforcement requests and legal process, such as a court order or subpoena; (b) respond to your requests; or (c) protect your, our, or others’ rights, property, or safety. For the avoidance of doubt, the disclosure of your Personal Information may occur if you post any objectionable content on or through our Services.
Merger, Sale, or Other Asset Transfers. We may transfer your Personal Information to service providers, advisors, potential transactional partners, or other third parties in connection with the consideration, negotiation, or completion of a corporate transaction in which we are acquired by or merged with another company, or we sell, liquidate, or transfer all or a portion of our assets.
Consent. We may also disclose your Personal Information with your permission.
Your Rights and Choices
Marketing Communications. You can unsubscribe from our promotional emails via the link provided in the emails. Even if you opt-out of receiving promotional messages from us, you will continue to receive administrative messages from us.
Do Not Track. There is no accepted standard on how to respond to Do Not Track signals, and we do not respond to such signals.
How to Block Cookies. You can block Cookies by setting your internet browser to block some or all the Cookies. However, if you use your browser settings to block all Cookies (including essential Cookies) you may not be able to access all or parts of our Services. By using our Services, you consent to our use of Cookies and our processing of information collected through such Cookies, in accordance with this Privacy Policy. You can withdraw your consent at any time by deleting placed Cookies and disabling Cookies in your browser, or as explained below. You can change your browser settings to block or notify you when you receive a Cookie, delete Cookies or browse our Services using your browser’s anonymous usage setting. Please refer to your browser instructions or help screen to learn more about how to adjust or modify your browser settings. If you do not agree to our use of Cookies or similar technologies which store information on your device, you should change your browser settings accordingly. You should understand that some features of our Services may not function properly if you do not accept Cookies or these technologies. Where required by applicable law, you will be asked to consent to certain Cookies and similar technologies before we use or install them on your computer or other device.
Your European Privacy Rights. If you are located in the European Economic Area or the United Kingdom, you have the additional rights described below:
- You may request access to the Personal Information we maintain about you, update and correct inaccuracies in your Personal Information, restrict or object to the processing of your Personal Information, have the Personal Information anonymized or deleted, as appropriate, or exercise your right to data portability to easily transfer your Personal Information to another company. You also have the right to lodge a complaint with a supervisory authority, including in your country of residence, place of work, or where an incident took place.
- You may withdraw any consent you previously provided to us regarding the processing of your Personal Information at any time and free of charge. We will apply your preferences going forward and this will not affect the lawfulness of the processing before you withdrew your consent.
You may exercise these rights by contacting us using the contact details at the end of this Privacy Policy. Before meeting your request, we may ask you to provide reasonable information to verify your identity. Please note that there are exceptions and limitations to each of these rights, and while any changes you make will be reflected in active user databases instantly or within a reasonable period of time, we may retain Personal Information for backups, archiving, prevention of fraud and abuse, analytics, satisfaction of legal obligations, or where we otherwise reasonably believe that we have a legitimate reason to do so.
Third Parties
Our Services may contain links to other websites, products, or services that we do not own or operate. We are not responsible for the privacy practices of these third parties.
Please be aware that this Privacy Policy does not apply to your activities on these third-party services or any Personal Information you disclose to these third parties. We encourage you to read their privacy policies before providing any Personal Information to them.
Retention
We take measures to delete your Personal Information or keep it in a form that does not permit identifying you when this Personal Information is no longer necessary for the purposes for which we process it, unless we are required by law to keep this Personal Information for a longer period. When determining the specific retention period, we take into account various criteria, such as the type of service provided to you, the nature and length of our relationship with you, and mandatory retention periods provided by law and the statute of limitations.
Security
We make reasonable efforts to protect your Personal Information by using physical and electronic safeguards designed to improve the security of the Personal Information we maintain. However, as no electronic transmission or storage of Personal Information can be entirely secure, we can make no guarantees as to the security or privacy of your Personal Information.
Children’s Privacy
We do not knowingly collect, maintain, or use Personal Information from children under 13 years of age, and no parts of our Services are directed to children. If you learn that a child has provided us with Personal Information in violation of this Privacy Policy, you may alert us at [email protected].
International Visitors
Our Services are hosted in the United States and intended for visitors located within the United States. If you choose to use Services from the European Union or other regions of the world with laws governing data collection and use that may differ from U.S. law, then please note that you are transferring your Personal Information outside of those regions to the United States for storage and processing. We may transfer Personal Information from the European Economic Area or the United Kingdom to the United States based on data transfer mechanisms such as the European Commission-approved Standard Contractual Clauses, as needed to perform our Services that you have requested from us, or with your consent. Also, we may transfer your data from the U.S. to other countries or regions in connection with storage and processing of data, fulfilling your requests, and operating our Services. By providing any information, including Personal Information, on or to our Services, you consent to such transfer, storage, and processing of such information. To obtain additional information on the transfers, please contact us using the contact information below.
Update Your Information or Pose a Question
You can update your account and profile information or close your account through your profile settings. If you have questions about your privacy on Services or this privacy policy, please contact us at [email protected].
Changes to this Privacy Policy
We will post any adjustments to the Privacy Policy on this page, and the revised version will be effective when it is posted. If we materially change the ways in which we use or share Personal Information previously collected from you through Services, we will attempt to notify you through Services, by email, or other communication.
Contact Information
If you have any questions, comments, or concerns about our processing activities, please email us at [email protected] or write to us at Avail Medsystems, Inc. 2953 Bunker Hill Lane, Suite 101, Santa Clara, CA 95054
Last Updated: July 13, 2021