Privacy Policy

April 15, 2020

Introduction

Lunella, LLC and its subsidiaries and affiliates (“Lunella,” “Company,” “we” or “us”) respects your privacy and is committed to protecting it. This privacy policy (“Policy”) describes our practices for using, disclosing, and protecting the information that we may collect when you access or use the website, www.lunella.com, (“Website”) and other digital services, including, for example associated websites, mobile applications and platforms, provided by Lunella in connection with the Website (collectively, the “Services”), as well as your rights with respect to your Personal Information. Personal Information is any information that could reasonably be used, directly or indirectly, to contact or identify you; it does not include information that is considered anonymous, de-identified, or aggregated by applicable law.

This Policy is incorporated into and made part of our Terms of Service (“Terms”). If you do not understand our Policy, please contact us using the information in the “Contact Us” section below. By accessing or using our Services, you expressly consent to our collection, use, and disclosure of your Personal Information in accordance with this Policy.

Information We Collect About You and How We Collect It

We may collect several types of information from and about users of our Services, including information:

  • Personal Identifiers, including your name, username, password, postal address, e-mail address, telephone number, postal address, IP address;
  • Protected classification characteristics under California or federal law, including, for example, your age;
  • Commercial information, including information relating to products or services purchased and customer service history, and records, payment card information, and copies of your correspondence;
  • Medical and biometric Information, including information about your physiological, behavioral, and biological characteristics that you may provide when you take your Screening Test to determine whether you qualify for a Home Sleep Apnea Test using the WatchPAT™ ONE obstructive sleep apnea testing device (“WatchPAT ONE”);
  • Internet or other similar network activity, including browsing history, search history, your interaction with the Services;
  • Geolocation data;
  • Sensory data, including electronic, olfactory, or similar information from connected devices, including WatchPAT ONE; and
  • Inferences drawn from other information, including, for example, preferences, characteristics, psychological trends, predispositions, behavior, attitudes, intelligence, abilities, and aptitudes.

We may collect the categories of Personal Information listed above in the following manner:

  • Directly from you when you provide it to us. For example, when you register for an account, take a survey, contact customer service, or download an application, we may collect information including your full name, mobile phone number, your email address and the email address of your contacts, home and business postal addresses, username, password, certain health information. Collecting the upfront Survey information, passing the results of the quiz, holding the Itamar Medical (date and height and weight and overall score).
  • When you share the information with others. We may collect Personal Information when you share your information or communicate with others using our Services. For example, we may collect certain information in transmitting Survey results and other health information for review by a physician licensed or when coordinating the delivery of prescription of a Home Sleep Apnea Test. Whether you choose to disclose certain information is your discretion. Any information you choose to provide or upload to the Services may be visible to our business partners, PWNHealth and Itamar Medical, as well as our respective service providers, who assist us in providing the Services. As your information will be viewable to the other users of the Services, you should provide only the information you feel comfortable disclosing.
  • From third parties. We may collect your information from sources other than you, such as public databases, providers of demographic information, joint marketing partners, our service providers, and other parties.
  • Automatically as you navigate through the Services. Information collected automatically may include usage details, IP addresses, and information collected through cookies, web beacons, and other tracking technologies. We may combine information collected through means such as cookies or third-party analytics tools with other Personal Information we maintained.  For more information about how we use these tools, please see the section titled, Data Collection Technologies, below.

Data Collection Technologies

As you navigate through and interact with our Services, we may use automatic data collection technologies, including anti-virus software, to collect certain information about your equipment, browsing actions, and patterns, including details of your visits to our Services, including traffic data, location data, logs, and other communication data, and the resources that you access and use on the Services, as well as information about your computer, devices, and internet connection, including your IP address, operating system, and browser type. The technologies we use for this automatic data collection may include:

  • Cookies (or browser cookies). A cookie is a small file placed on the hard drive of your computer. You may refuse to accept browser cookies by activating the appropriate setting on your browser. However, if you select this setting you may be unable to access certain parts of our Website. Unless you have adjusted your browser setting so that it will refuse cookies, our system will issue cookies when you direct your browser to our Website.
  • Flash Cookies. Certain features of our Website may use local stored objects (or Flash cookies) to collect and store information about your preferences and navigation to, from, and on our Website. Flash cookies are not managed by the same browser settings as are used for browser cookies. For information about managing your privacy and security settings for Flash cookies, see Choices About How We Use and Disclose Your Information.
  • Web Beacons. Pages of our the Website or App 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 and for other related website statistics (for example, recording the popularity of certain website content and verifying system and server integrity).

Some content or applications, including advertisements, on the Services are served by third-parties, including advertisers, ad networks and servers, content providers, and application providers. These third parties may use cookies alone or in conjunction with web beacons or other tracking technologies to collect information about you when you use our Services. The information they collect may be associated with your personal information or they may collect information, including personal information, about your online activities over time and across different websites and other online services. They may use this information to provide you with interest-based (behavioral) advertising or other targeted content.

We do not control these third parties’ tracking technologies or how they may be used. If you have any questions about an advertisement or other targeted content, you should contact the responsible provider directly. For information about how you can opt out of receiving targeted advertising from many providers, see “Choices About How We Use and Disclose Your Information,” below.

Lunella also uses site analytics providers which may set cookies in your browser. For example, we partner with Google Analytics, which uses Cookies to track your interactions with our Services. Google then collects that information and reports it back to us. This information helps us improve our Services so that we can better serve users like you. For more information on Google Analytics, visit https://support.google.com/analytics.

Do Track Signals

Some web browsers incorporate a “Do Not Track” feature (“DNT”) that signals to the websites that you visit that you do not want to have your online activity tracked. We do not currently respond to web browser DNT signals or other mechanisms that provide a method to opt out of the collection of information across the networks of websites and online services in which we participate. For more information, visit www.allaboutdnt.org.

How We Use Your Information

We may use information that we collect about you or that you provide to us, including any Personal Information, for the follow business purposes:

  • To enable you to use our Services, including verifying your identity when you access your account and ensure the security of your Personal Information;
  • To provide you with information, products, or services that you request from us;
  • To provide you with a personalized experience on the Services;
  • To fulfill any other purpose for which you provide it;
  • To provide you with notices about your account or orders;
  • To analyze, improve and maintain the Services and for product development;
  • To carry out our obligations and enforce our rights arising from any contracts entered into between you and us, including for billing and collection;
  • To notify you about changes to our Services or any products or services we offer or provide though it;
  • For marketing purposes, including direct mail, email marketing, and mobile texting;
  • To allow you to participate in interactive features on our Services;
  • In any other way we may describe when you provide the information;
  • For any other purpose with your consent.

We may combine information that we collect from you through the Services with information that we obtain from affiliated and non-affiliated third parties, and information derived for any other products or services we provide. We may also aggregate and/or de-identify information collect through the Services and use de- identified or aggregated data for any purpose, including without limited for research and marketing purposes and may also share such data with any third parties.

Disclosure of Your Personal Information

We may disclose aggregated information about our users, and information that does not identify any individual, as allowed by applicable law. We may disclose your Personal Information:

  • To our subsidiaries and affiliates;
  • To our Business Partners, including PWNHealth and Itamar Medical to provide you with the products and treatment you request through the Services.
  • and service providers that may perform marketing services, process secure payments, fulfill orders, optimize services, serve online behavioral advertising, send newsletters and marketing messages, support email and messaging services, and analyze information on Lunella’s behalf to to provide services available on the Services;
  • To a party to corporate transaction, including buyer or other successor in the event of a merger, divestiture, restructuring, reorganization, dissolution, or other sale or transfer of Lunella or its assets;
  • To comply with any court order, law, or legal process, including to respond to any government or regulatory request;
  • If we believe disclosure is necessary or appropriate to protect the rights, property, or safety of Lunella, our customers, or others, including the use of your information to detect, investigate, and prevent fraudulent transactions, illegal activities, and violations of our Terms.

For any other purpose disclosed by us at the time of collection or when you provide your consent. We may sell categories of your Personal Information with the following third parties for their commercial purposes or their independent uses:

  • Advertising and Analytics Providers. We may share information, including your device and network information, preferences, demographics, and geolocation information.
  • Durable Medical Equipment (“DME”) Distributors. We may share information, including your personal identifiers and contact information with DMEs for marketing purposes.

Choices About How We Use and Disclose Your Information

We strive to provide you with choices regarding the personal information you provide to us. We have created mechanisms to provide you with the following control over your information:

  • Accessing and Correcting Your Information. You may send us an email at info@lunella.com to request access to, correct or delete any personal information that you have provided to us. We may not accommodate a request to change information if we believe the change would violate any law or legal requirement or cause the information to be incorrect. Please note, if you delete your User Contributions from the Services, copies of your User Contributions may remain viewable in cached and archived pages, or might have been copied or stored by other users.
  • Unsubscribe. Where you have elected to participate in one of our programs or services or to receive marketing communications from us, we offer you the ability to discontinue your participation or to opt out of receiving those communications in the communication itself.  Alternatively, you can contact us to opt out using the contact information found in the “Contact Us” section at the end of this Policy.
  • Manage Notifications. If you are using our mobile application, we will provide you with the opportunity to opt into receiving notifications from us through your device. If you no longer wish to receive these communications, you may opt out of receiving them at the device level by modifying your profile settings.
  • Tracking Technologies and Advertising. You can set your browser to refuse all or some browser cookies, or to alert you when cookies are being sent. To learn how you can manage your Flash cookie settings, visit the Flash player settings page on Adobe's website. If you disable or refuse cookies, please note that some parts of this site may then be inaccessible or not function properly.
  • Disclosure of Your Information for Third-Party Advertising. We may disclose your IP address to a third-party advertiser, which may result in additional personal information being disclosed to such third-party advertiser. If you do not want us to share your personal information with unaffiliated or non-agent third parties for promotional purposes, you can opt-out by sending us an email with your request to info@lunella.com We do not control third parties’ collection or use of your information to serve interest-based advertising. However, these third parties may provide you with ways to choose not to have your information collected or used in this way. You can opt out of receiving targeted ads from members of the Network Advertising Initiative (“NAI”) on the NAI's website.

Your California Privacy Rights

If you are a California resident, the California Consumer Privacy Act of 2018 (“CCPA”) permits you to request information regarding our collection and use of your Personal Information within the previous twelve (12) month period. We offer the following choices that you can exercise with regard to your Personal Information:

  • Access to Information: You have the right to request access to the Personal Information we collect about you, the purposes for which we collect such information, and the details about how that information has been used and disclosed. You are entitled to request your Personal Information no more than twice in any twelve-month period.
  • Right to Delete: You have the right to request that Lunella delete Personal Information collected about you in certain circumstances, unless an exception applies.
  • Sale of Personal Information: You also have a right to opt-out from future sales of Personal Information.
  • Right Against Discrimination: You have a right not to be discriminated against for exercising rights set out in the CCPA.
  • Shine the Light Law: California's "Shine the Light" law (Civil Code Section § 1798.83) permits users of our Website that 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 send an email to info@lunella.com

If you are a California resident, you may exercise your rights under the CCPA by emailing info@lunella.com or contacting us at the following toll free number: 833.586.3552. We process requests in the order in which they are received. In order to process the request, the Company may need to obtain information from you to verify your identity and California residency and confirm we have Personal Information about you. Please note that the CCPA provides for certain exceptions that grant us the ability to not fulfill your request.

Children’s Information

The Services are not designed for, intended to track, or directed to persons under the age of eighteen (18). We do not knowingly collect Personal Information relating to persons under eighteen (18). If we learn a user of the Services is under the age of eighteen (18) and has provided us with Personal Information, we will delete that information.

Data Security

We have implemented measures designed to secure your Personal Information from accidental loss and from unauthorized access, use, alteration, and disclosure. All information you provide to us is stored on our secure servers behind firewalls. The safety and security of your information also depends on you. Where we have given you a PIN code to access to certain parts of our Services, you are responsible for keeping that PIN confidential. We ask you not to share your PIN with anyone.

Unfortunately, the transmission of information via the internet is not completely secure. Although we do our best to protect your Personal Information, we cannot guarantee the security of your Personal Information transmitted to our Services. Any transmission of Personal Information is at your own risk. We are not responsible for circumvention of any privacy settings or security measures contained on the Services. We are not responsible for the information collection, use, disclosure, or security practices of other organizations, such as Facebook, Apple, Google, Microsoft, or any other app developer, app provider, social media platform provider, operating system provider, wireless service provider, or device manufacturer, including in connection with any information you disclose to such other organizations through or in connection with the Services.

Third Party Links and Services

The Services may contain links to other sites operated by organizations not affiliated with Lunella. We do not review or endorse, and are not responsible for, the privacy policies and/or practices on other sites. When linking to another site you should read the privacy policy published on that site. This Policy only governs information collected on our Services. We encourage you to read the privacy statements of each and every website that you visit.

Your use of the Services may the use of the PAT technology medical devices, including WatchPAT™ ONE obstructive sleep apnea testing device, which are owned and made available by Itamar Medical, a third party and business partner. Your use of the WatchPAT™ ONE mobile device may be governed by a separate privacy policy, which may establish information collection, use, or disclosure practices different from our own. We encourage you to review the Itamar Medical Privacy Policy and any other privacy policy that may be applicable.

Note to International Users

Our Services are intended for individuals located in the United States. If you visit our Services or contact us from outside of the United States, please be advised that (1) any information you provide to us or that we automatically collect will be received in the United States and may be transferred to other jurisdictions; (2) that by using our Services or submitting information, you explicitly authorize its processing in the United States and subsequent transfers outside the United States in accordance with this Policy; and that U.S. law may not offer the same privacy protections as the law of your jurisdiction.

Changes to Our Privacy Policy

Any changes we make to our privacy practices will be reflected in this Policy. Please note, the date this Policy was last revised is identified at the top of this Policy. If we make material changes to how we treat your Personal Information, we will notify via the contact information you have provided us, by posting a notice within the Services, or another commercially reasonable method. You are responsible for ensuring we have an up-to-date active and deliverable email address for you, and for periodically visiting this Policy to check for any changes. Your continued use of the Services following any changes signifies your acceptance of our Policy as modified.

Contact Us

To ask questions or comment about this privacy policy and our privacy practices, contact us at:

privacy@lunella.com
or via our toll-free number:
800.929.0221

 

Notice of Right to Opt Out of Sale of Personal Information

Lunella, LLC, (“Company,” “we” or “us”) respect your privacy. Your trust is important to us and we are committed to providing you with meaningful choices with respect to the information we collect from or about you. Beginning January 1, 2020, the California Consumer Privacy Act of 2018 (the “CCPA”) provides California residents with certain rights with respect to their Personal Information, including the right to opt out of certain disclosures of Personal Information as explained below.

We collect information from or about you, including Personal Information, when you use our services as described in our Privacy Policy. We generally do not directly sell your Personal Information in the conventional sense (i.e., for money). Like many companies, however, we use services that help deliver interest-based ads to you and may transfer Personal Information to business partners for their use. Making Personal Information (such as online identifiers or browsing activity) available to these companies may be considered a “sale” under the CCPA.

Under the CCPA, you have the right to opt out of the “sale” of your Personal Information. We provide this right, subject to a verifiable consumer request. To exercise this right email us at privacy@lunella.com. You can also call our toll-free number at 800.929.0338 to speak with one of our representatives.

Please note that this opt-out will apply on a going forward basis with respect to our disclosure of information. Additionally, some transfers of your Personal Information may not be considered “sales” and certain exemptions may apply under the CCPA. Your selection does not affect other sharing of your information, as outlined in our Privacy Policy. You will still see some advertising, regardless of your selection. Your selection is saved to this browser, on this device.

If you have any other questions or requests, please contact us at privacy@lunella.com.