Are you wondering whether Vapotherm is impacted by the recent Philips recalls? Privacy Policy United States European Union Privacy Statement – US Vapotherm, Inc. (herein referred to as “Company”, “we”, “our”, or “us”) respects your privacy and is committed to protecting it through our compliance with this Policy. This Privacy Statement – US (this “Policy”) describes the types of information we may collect from you or that you may provide when you provide personal information to Vapotherm via our Website (“Website”) or by phone or other means (each a “Platform”) and our practices for collecting, using, maintaining, protecting and disclosing that information. This privacy policy is intended for a U.S. audience. If you are not located in the U.S., please see our other privacy policies. If you do not agree with our policies and practices, you should not use our Website. By accessing or using the Website, you accept and agree to this privacy policy and all of its terms. Information We Collect When you use the Website, we may collect and use personally identifiable information about you, as well as other usage information. “Personal information” includes name, postal address, email address, telephone number, or other information that can be used to identify you and is defined as personal or personally identifiable information under applicable law. We may also collect usage information, which is information generated automatically as you navigate through the Website or our Platforms. More specifically, we may collect the following information: Details of your visits to a Platform and the resources that you access, including, but not limited to, traffic data, location data, weblogs and other communication data, including your IP address, browser type, the date and time you accessed or left the Website, and which pages you viewed; Some parts of our Website use cookies, pixel tags (also known as “web beacons”), and other technologies to collect this information about your general internet usage. See the section below called “How We Use Tracking Technologies” to learn more; Information that you provide directly to us by filling in forms on a Platform including your name, email address, street address, telephone number, or other information; and Information provided to us when you communicate with us for any reason, including information you provide in emails you send us, responses to surveys, search queries on the Website, calls to our Customer and Technical support teams, and details of any transactions. How We Collect this Information: Directly from you when you provide it to us. For example, calls to our Customer and Technical Support teams, emails or other electronic messages, or online web-submission forms on our Platforms. Automatically as you navigate through the Website. Information collected automatically may include usage details, IP address, and Information collected through cookies, web beacons and other tracking technologies. From third parties (for example, our business partners). How We Use Tracking Technologies: Cookies: A cookie is a small file placed on the hard drive of your computer when you visit a Website. When you visit the Website again, the cookie allows that Website to recognize your browser. Cookies may store user preferences and other information. You may refuse to accept cookies by activating the appropriate setting on your browser. Web Beacons: Certain pages of the Website and our emails may contain small electronic files known as web beacons (also referred to as clear gifs, pixel tags, and single-pixel gifs) that permit us, for example, to count users who have visited these pages or opened the email, and provide other related Website statistics (for example, recording the popularity of certain Website content and verifying system and server integrity). Providing us your Personal Information is voluntary. You may always refuse to provide your Personal Information to us. If you choose not to provide us with your Personal Information, we will not be able to communicate with you and provide you with certain information. If we have collected your Personal Information with your consent, you can withdraw your consent by following the instructions provided for doing so when you provide consent, or by contacting us using the contact information provided at the end of this Privacy Statement. Use of Personal Information We use the contact information that you choose to provide to us so that we can communicate with you to respond to your queries to Vapotherm, including calls to our Customer Service and Technical Support teams, and to provide you with our product or service updates. We may also use your contact information or the information you provide to us via any feedback requests to provide you with information about Vapotherm products or services or other marketing or advertising communications, or to enable you to participate in surveys or questionnaires. In addition, we may use the contact information in order to: Contact you to solicit further information as appropriate and/or necessary; Facilitate internal market research; Deliver interest-based content and advertising that is targeted to the interests we identify through your online activities; Carry out our obligations and enforce our rights arising from any contracts entered into between you and us, including for billing and collection; Fulfill any other purpose for which you provide the information; and Fulfill any other purposes as may be appropriate and/or necessary in the circumstances. We may disclose aggregated information about our users and information that does not identify any individual without restriction. We use the Information we collect through your use of the Vapotherm Website for our legitimate interests to manage, operate, maintain, and secure our Website, network systems and other assets, and to provide you with the features and various functionalities of the Vapotherm Website. We may also aggregate the Personal Information we collect through your use of our Platforms to help us to understand our visitors’ interests and to improve the content and performance of our Platforms. In the event that we use your Personal Information for other purposes not covered above, we will inform you about the specific purpose for processing your Personal Information, and, when required, our basis for doing so at the time we collect the Personal Information from you to the extent required by law. Sharing Personal Information Vapotherm is a global company and it shares Personal Information with its affiliates and subsidiaries for the purposes described in this Privacy Statement. For more information about Vapotherm’s affiliates and subsidiaries, please contact us at complianceadmin@vtherm.com. Vapotherm does not sell, rent, or lease Personal Information to third parties. We may disclose Personal Information that we collect or you provide as described in this Policy: To our subsidiaries and affiliates; To our trusted contractors, service providers and other third parties we use to support our business; To a buyer or successor in the event of a merger, divestiture, restructuring, reorganization, dissolution, or other sale or transfer of some or all of Vapotherm’s assets, whether as a going concern or as part of bankruptcy, liquidation, or similar proceeding, in which Personal Information held by Vapotherm about the Website users is among the assets transferred; To third parties to market their products or services to you if you have consented to/not opted out of these disclosures; To fulfill the purposes for which you provide it; For any other purpose disclosed by us when you provide the information; or With your consent. Legal & Regulatory Obligations We may also use or disclose Personal Information to comply with our legal and regulatory obligations including to comply with applicable retention obligations, and as follows: To respond to lawful requests by public authorities, including meeting national security or law enforcement requirements, e.g. to investigate fraud or to respond to a government request. To investigate potential breaches or to protect the rights, property, or safety of us the users of our Platforms, or others. Where permitted by law, we may also enhance or combine Information about you by including your Personal Information with other information about you that we may obtain from third parties for the same purposes as described above. Third Party Websites Some of the content or applications – including advertisements – on the Website is served by third parties, including advertisers, ad networks and servers, content providers and application providers. While we seek to link only to Websites that share our high standards and respect for privacy, we are not responsible for the privacy practices used by other Websites. By accessing other third-party Websites or applications through the Website, you are consenting to the terms and privacy policies of those Websites. It is possible that other parties may collect personally identifiable information or use cookies to collect information about your online activities over time and across different Websites. Your Choices We strive to provide you with choices regarding the Personal Information you provide to us. You can object at any time to the processing of your Personal Information for direct marketing purposes and you can do so by “opting-out” of marketing or promotional communications in accordance with the instructions included in the specific communication. If you have questions about how we determine whether the processing is for our legitimate interests, or if you want to object to our processing on that basis, please contact us at complianceadmin@vtherm.com or by using the contact details set out below. Accessing and Correcting Your Information You may send us an email at complianceadmin@vtherm.com to request access to, correct, or delete Personal Information that you have provided to us. We may choose not to accommodate a request to change Personal Information if we believe the change will violate any law or legal requirement or cause the Personal Information to be incorrect. If your Personal Information has been shared with a third party, as described elsewhere in this Policy, then that third party has received its own copy of your data. If you have been contacted by one of these third parties and wish to correct or delete your Personal Information, please contact them directly. For information regarding your rights guaranteed by your state, please see information below. Data Security We have implemented measures designed to secure your Personal Information from accidental loss and from unauthorized access, use, alteration, and disclosure. All Personal Information you provide to us is stored on our servers behind firewalls. 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 via the Website. Any transmission of Personal Information is at your own risk. We are not responsible for any circumvention of any privacy settings or security measures contained on the Website. Users Only of Legal Age of Majority The Website is designed and intended for those who are at least 18 years old. By using the Website, you affirm that you are at least 18 years of age or older. We are not liable for any damages that may result from a user’s misrepresentation of age. No one under age 13 is authorized to submit any information, including Personal Information, on the Website. Under no circumstances may anyone under age 13 use our Website. Parents or legal guardians of children under 13 cannot agree to these terms on their behalf. California Privacy Rights If you are a California resident, please review the California Privacy Notice, below. Changes to Notice Vapotherm reserves the right to amend this Policy at our discretion at any time. When we make changes to this Policy we will notify you by email or through a notice on our homepage. Contact Information If you have questions or concerns about this Policy or any matter referred to herein, please contact us by email to: complianceadmin@vtherm.com or by mail to: Compliance Specialist, Vapotherm Inc., 100 Domain Drive, Exeter, New Hampshire 03833 USA. CALIFORNIA CONSUMER PROTECTION ACT OF 2018 The following information applies solely to our customers, potential customers, end users of our products and services, and others who reside in the State of California (here referred to as “Consumers”). We have adopted this Policy to comply with the California Consumer Protection Act of 2018 (“CCPA”) and other California privacy laws. Any terms defined in the CCPA will hold the same meaning when used in this notice. Categories of Information Collected We collect Information that identifies, relates to, describes, reference, is capable of being associated with, or could reasonably be linked, directly or indirectly, with a particular consumer or device (“Personal Information”). In particular, we have collected the following categories of Personal Information from Consumers within the last 12 months: Category Examples Collected A. Identifiers Real name, alias, postal address, unique personal identifier, online identifier, email address, IP address, account name, Social Security Number, driver’s license number, passport number, or other similar identifiers. YES B. Personal Information listed under California Customer Records statue (Cal. Civ. Code § 1798.80(e)). Name, signature, address, telephone number, employment, employment history, bank account number, credit card number, debit card number, financial Information YES C. Legally protected classification characteristics under California or federal law. Age, race, color, ancestry, national origin, citizenship, religion or creed, marital status, medical condition, physical or mental disability, sex (including gender, gender identity, gender expression, pregnancy or childbirth and related medical conditions), veteran or military status, genetic Information (including familial genetic Information) NO D. Commercial Information. Products or services purchased, obtained, or considered, or other purchasing or consuming histories or tendencies. YES E. Biometric Information. Genetic, physiological, behavioral, and biological characteristics, or activity patterns used to extract a template or other identifier or identifying Information, such as fingerprints, faceprints, and voice prints, iris or retina scans, keystroke, gait, or other physical patterns, and sleep, health, or exercise data. NO F. Internet or other similar network activity. Browsing history, search history, Information on a consumer’s interaction with a Website application or advertisement. YES G. Sensory Data. Audio files of recorded calls to Customer & Technical Support. YES H. Geolocation Data. Physical Location or movements. NO I. Non-public professional or employment-related Information. Current or past job history or performance evaluations. NO J. Non-public education Information (per the Family Education Rights and Privacy Act (20 U.S.C. § 1232g, 34 C.F.R). Education records directly related to a student maintained by an educational institution or party acting on behalf, such as grades, transcripts, class lists, student schedules, student identification codes, student financial Information, or student disciplinary records. NO K. Inferences drawn from other Personal Information to profile. Profile reflecting a person’s preferences, characteristics, psychological trends, predispositions, behavior, attitudes, intelligence, abilities, and aptitudes. YES Personal Information does not include publicly available information for government records, de-identified or aggregated consumer data, or information excluded from the CCPA’s scope (such as medical data or clinical trial data). Disclosure of Information In the preceding twelve (12) months, we have disclosed the following categories of Personal Information for a business purpose: Category A: Identifiers. Category B: California Customer Records Personal Information categories. Category C: Legally protected classification characteristics under California or federal law. Category D: Internet or other similar network activity. Category E: Sensory Data. Category G: Profile reflecting persons preferences. Vapotherm does not sell, rent, or lease Personal Data. When we disclose personal information for a business purpose, we enter a contract that describes the purpose and requires the recipient to both keep that Personal Information confidential and not use it for any purpose except performing the contract. Your Rights & Choices as a California Consumer Consumer Rights The CCPA provides Consumers with specific rights regarding their Personal Information. The rights include the right to request access to, and rectification, or erasure of your Personal Information, or to restrict or object to such disclosure of Personal Information. Access: A Consumer can request access to or copies of the Consumer’s Personal Information that we have collected and/or used over the past 12 months for personal use, including knowledge on the categories of data we hold, how we obtained it, how it was used. A Consumer can also request information about the categories of service providers who may have received the Consumer’s Personal Information to provide services to us. Deletion: A Consumer may request, in certain circumstances, that we erase or delete the Consumer’s Personal Information unless we have a legal obligation to continue to hold it or otherwise are permitted by applicable law to retain it. However, we may deny the deletion request if retain the information is necessary to: Complete the transaction for which We collected the information, provide a good or service the Consumer requested, take actions reasonably anticipated within the context of our on-going business relationship to the Consumer, or otherwise perform our contract with the Consumer. Detect security incidents, protect against malicious, deceptive, fraudulent, or illegal activity, or prosecute those responsible for such activities. Debug products to identify and repair errors that impair existing intended functionality. “Shine the Light”: 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 contact us at the below information. Exercising Consumer Rights A Consumer can exercise rights to access, portability, deletion, and restriction of processing by submitting a verifiable Consumer request to us by either: Calling us at (883)-234-1699 By sending an email to complianceadmin@vtherm.com. By completing a Data Subject Request Form. Please note that once a Consumer contacts us by email, we will request additional information and documents from the Consumer, including certain Personal Information, in order to authenticate and validate the Consumer’s identity and process your request. Such additional information will be then retained by us for legal purposes. Vapotherm cannot respond to a Consumer request or provide a Consumer with any Personal Information if we cannot verify the Consumer’s identity or authority to make such request. Please note that only the Consumer, or a person registered with the California Secretary of State that the Consumer has authorized to act on the Consumer’s behalf, may make a Consumer request related to the Consumer’s Personal Information. A Consumer may also make a verifiable Consumer request on behalf of a minor child for which the Consumer has appropriate parental or guardianship rights. Response and Timing Vapotherm will acknowledge the receipt of a verifiable Consumer request within ten (10) days after receipt of request. Vapotherm will endeavor to respond to a verifiable Consumer request within thirty (30) days after its receipt. If we require more time to properly respond to the request (not to exceed 90 days), we will inform the Consumer of the reason and extension period in writing, by mail or email. Any disclosures provided will only cover a twelve (12) month period preceding the date of the verifiable Consumer request’s receipt. If Vapotherm cannot respond to a request, we will explain the reasons we cannot comply with the request in writing, by mail or email. For data portability requests, we will select a format to provide the Personal Information that is usable and should allow the Consumer to transmit the information from one entity to another. Non-Discrimination Vapotherm will not discriminate against Consumers for exercising any CCPA rights. Unless permitted by CCPA, we will not deny a Consumer goods or services or provide a Consumer a different level of goods or services. Contact Information If you have questions or concerns about this Policy or any matter referred to herein, please contact us by email to: complianceadmin@vtherm.com or by mail to: Compliance Specialist, Vapotherm Inc., 100 Domain Drive, Exeter, New Hampshire 03833 USA. 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