SmartLinkO2® Privacy Policy for California Residents

Last Modified: May 8, 2023

This Privacy Policy for California Residents supplements the information contained in DeVilbiss Healthcare LLC's Privacy Policy and applies solely to all visitors, users, and others who reside in the State of California ("consumers" or "you"). We adopt this notice to comply with the California Consumer Privacy Act of 2018 (CCPA) and any terms defined in the CCPA have the same meaning when used in this Policy.

Information We Collect

Our website and related mobile application (the "Services") collects information that identifies, relates to, describes, references, is reasonably capable of being associated with, or could reasonably be linked, directly or indirectly, with a particular consumer, household, or device ("personal information"). Personal information does not include:

  •        Publicly available information from government records.

  •        Deidentified or aggregated consumer information.

  •        Information excluded from the CCPA's scope, like:

  •        health or medical information covered by the Health Insurance Portability and Accountability Act of 1996 (HIPAA) and the California Confidentiality of Medical Information Act (CMIA), clinical trial data, or other qualifying research data;

  •        personal information covered by certain sector-specific privacy laws, including the Fair Credit Reporting Act (FCRA), the Gramm-Leach-Bliley Act (GLBA) or California Financial Information Privacy Act (FIPA), and the Driver's Privacy Protection Act of 1994.

    • In particular, our Services collected the following categories of personal information from consumers within the last twelve (12) months:

     

    Category

    Examples

    Collected

    A. Identifiers.

    A real name, alias, postal address, unique personal identifier, online identifier, Internet Protocol address, email address, account name, Social Security number, driver's license number, passport number, or other similar identifiers.

    YES

    B. Personal information categories listed in the California Customer Records statute (Cal. Civ. Code § 1798.80(e)).

    A name, signature, Social Security number, physical characteristics or description, address, telephone number, passport number, driver's license or state identification card number, insurance policy number, education, employment, employment history, bank account number, credit card number, debit card number, or any other financial information, medical information, or health insurance information.

    Some personal information included in this category may overlap with other categories.

    YES

    C. Protected classification characteristics under California or federal law.

    Age (40 years or older), 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), sexual orientation, veteran or military status, genetic information (including familial genetic information).

    NO

    D. Commercial information.

    Records of personal property, products or services purchased, obtained, or considered, or other purchasing or consuming histories or tendencies.

    NO

    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 voiceprints, 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. Geolocation data.

    Physical location or movements.

    NO

    H. Sensory data.

    Audio, electronic, visual, thermal, olfactory, or similar information.

    NO

    I. Professional or employment-related information.

    Current or past job history or performance evaluations.

    NO

    J. Non-public education information (per the Family Educational Rights and Privacy Act (20 U.S.C. Section 1232g, 34 C.F.R. Part 99)).

    Education records directly related to a student maintained by an educational institution or party acting on its 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.

    Profile reflecting a person's preferences, characteristics, psychological trends, predispositions, behavior, attitudes, intelligence, abilities, and aptitudes.

    NO

     

    Our Services obtain the categories of personal information listed above from the following categories of sources:

  •        Directly from you. For example, from forms you complete or products and services you purchase.

  •        Indirectly from you. For example, from observing your actions on the Services.

    • Use of Personal Information

    We may use or disclose the personal information we collect for one or more of the following purposes:

  •        To fulfill or meet the reason you provided the information. For example, if you share your name and contact information to request a price quote or ask a question about our products or services, we will use that personal information to respond to your inquiry. If you provide your personal information to purchase a product or service, we will use that information to process your payment and facilitate delivery. We may also save your information to facilitate new product orders or process returns.

  •        To provide, support, personalize, and develop the Services and our products, and services.

  •        To create, maintain, customize, and secure your account with us.

  •        To provide you with support and to respond to your inquiries, including to investigate and address your concerns and monitor and improve our responses.

  •        To help maintain the safety, security, and integrity of the Services, our products and services, databases and other technology assets, and business.

  •        For testing, research, analysis, and product development, including to develop and improve the Services, and our products and services.

  •        To respond to law enforcement requests and as required by applicable law, court order, or governmental regulations.

  •        As described to you when collecting your personal information or as otherwise set forth in the CCPA.

  •        To evaluate or conduct a merger, divestiture, restructuring, reorganization, dissolution, or other sale or transfer of some or all of our assets, whether as a going concern or as part of bankruptcy, liquidation, or similar proceeding, in which personal information held by us about our consumers is among the assets transferred.

    We will not collect additional categories of personal information or use the personal information we collected for materially different, unrelated, or incompatible purposes without providing you notice.

    Sharing Personal Information

    We may share your personal information by disclosing it to a third party for a business purpose. We only make these business purpose disclosures under written contracts that describe the purposes, require the recipient to keep the personal information confidential, and prohibit using the disclosed information for any purpose except performing the contract. In the preceding twelve (12) months, Drive DeVilbiss Healthcare has disclosed personal information for a business purpose to the categories of third parties indicated in the chart below.

    We do not sell personal information.

     

    Personal Information Category

    Category of Third-Party Recipients

    Business Purpose Disclosures

    Sales

    A: Identifiers.

    Third parties under a Business Associate Agreement

    None

    B: California Customer Records personal information categories.

    Third parties under a Business Associate Agreement

    None

    C: Protected classification characteristics under California or federal law.

    None

    None

    D: Commercial information.

    None

    None

    E: Biometric information.

    None

    None

    F: Internet or other similar network activity.

    Service providers

    None

    G: Geolocation data.

    None

    None

    H: Sensory data.

    None

    None

    I: Professional or employment-related information.

    None

    None

    J: Non-public education information.

    None

    None

    K: Inferences drawn from other personal information.

    None

    None

    Your Rights and Choices

    The CCPA provides consumers (California residents) with specific rights regarding their personal information. This section describes your CCPA rights and explains how to exercise those rights.

    Right to Know and Data Portability

    You have the right to request that we disclose certain information to you about our collection and use of your personal information over the past 12 months (the "right to know"). Once we receive your request and confirm your identity (see Exercising Your Rights to Know or Delete), we will disclose to you:

  •        The categories of personal information we collected about you.

  •        The categories of sources for the personal information we collected about you.

  •        Our business or commercial purpose for collecting that personal information.

  •        The categories of third parties with whom we share that personal information.

  •        If we disclosed your personal information for a business purpose, the personal information categories that each category of recipient obtained.

  •        The specific pieces of personal information we collected about you (also called a data portability request).

    Right to Delete

    You have the right to request that we delete any of your personal information that we collected from you and retained, subject to certain exceptions (the "right to delete"). Once we receive your request and confirm your identity (see Exercising Your Rights to Know or Delete), we will review your request to see if an exception allowing us to retain the information applies. We may deny your deletion request if retaining the information is necessary for us or our service provider(s) to:

    1.    Complete the transaction for which we collected the personal information, provide a good or service that you requested, take actions reasonably anticipated within the context of our ongoing business relationship with you, fulfill the terms of a written warranty or product recall conducted in accordance with federal law, or otherwise perform our contract with you.

    2.     Detect security incidents, protect against malicious, deceptive, fraudulent, or illegal activity, or prosecute those responsible for such activities.

    3.     Debug products to identify and repair errors that impair existing intended functionality.

    4.     Exercise free speech, ensure the right of another consumer to exercise their free speech rights, or exercise another right provided for by law.

    5.     Comply with the California Electronic Communications Privacy Act (Cal. Penal Code § 1546 et. seq.).

    6.     Engage in public or peer-reviewed scientific, historical, or statistical research in the public interest that adheres to all other applicable ethics and privacy laws, when the information's deletion may likely render impossible or seriously impair the research's achievement, if you previously provided informed consent.

    7.     Enable solely internal uses that are reasonably aligned with consumer expectations based on your relationship with us.

    8.    Comply with a legal obligation.

    9.     Make other internal and lawful uses of that information that are compatible with the context in which you provided it.

    We will delete or deidentify personal information not subject to one of these exceptions from our records and will direct our service providers to take similar action.

    Exercising Your Rights to Know or Delete

    To exercise your rights to know or delete described above, please submit a request by either:

  •        Emailing us at SmartLinkO2@drivemedical.com

  •        Logging into the SmartLinkO2® app and selecting delete account from the settings menu.

    Only you, or someone legally authorized to act on your behalf, may make a request to know or delete related to your personal information.

    You may only submit a request to know twice within a 12-month period. Your request to know or delete must be initiated through your Account by:

  •        Opening and signing into the SmartLinkO2 App;

  •        Click on the menu icon in the upper left corner and selects settings;

  •        Under settings, press the "Forget Me" button;

  •        You will be prompted with "Are you sure you want to purge all of your personal information from SmartLinkO2 servers?" This will delete your account, and you will be unable to use the SmartLinkO2 smartphone application."

  •        Select "Yes" at the prompt, and then an email is sent to us notifying us that the user would like to be forgotten.

    We cannot respond to your request or provide you with personal information if we cannot verify your identity or authority to make the request and confirm the personal information relates to you.

    We will only use personal information provided in the request to verify the requestor's identity or authority to make it.

    For instructions on exercising your sale opt-out or opt-in rights, see Your Rights and Choices.

    Response Timing and Format

    We will confirm receipt of your request within ten (10) business days. If you do not receive confirmation within the 10-day timeframe, please contact SmartLinkO2@drivemedical.com.

    We endeavor to substantively respond to a verifiable consumer request within forty-five (45) days of its receipt. If we require more time (up to another 45 days), we will inform you of the reason and extension period in writing.

    If you have an account with us, we will deliver our written response to that account. If you do not have an account with us, we will deliver our written response by mail or electronically, at your option.

    Any disclosures we provide will only cover the 12-month period preceding our receipt of your request. The response we provide will also explain the reasons we cannot comply with a request, if applicable. For data portability requests, we will select a format to provide your personal information that is readily useable and should allow you to transmit the information from one entity to another entity without hindrance.

    We do not charge a fee to process or respond to your verifiable consumer request unless it is excessive, repetitive, or manifestly unfounded. If we determine that the request warrants a fee, we will tell you why we made that decision and provide you with a cost estimate before completing your request.

    Non-Discrimination

    We will not discriminate against you for exercising any of your CCPA rights. Unless permitted by the CCPA, we will not:

  •        Deny you goods or services.

  •        Charge you different prices or rates for goods or services, including through granting discounts or other benefits, or imposing penalties.

  •        Provide you a different level or quality of goods or services.

  •        Suggest that you may receive a different price or rate for goods or services or a different level or quality of goods or services.

    Changes to Our Privacy Policy

    We reserve the right to amend this privacy policy at our discretion and at any time. When we make changes to this privacy policy, we will post the updated notice on the Website or mobile application and update the notice's effective date. Your continued use of our Services following the posting of changes constitutes your acceptance of such changes.

    Contact Information

    If you have any questions or comments about this notice, the ways in which Drive DeVilbiss Healthcare collects and uses your information described here and in the Privacy Policy, your choices and rights regarding such use, or wish to exercise your rights under California law, please do not hesitate to contact us at:

    Phone: (877) 224-0946

    Website: Drive Medical Contact Us

    Email: SmartLinkO2@drivemedical.com

    Postal Address:

    Drive DeVilbiss Healthcare

    Attn: Legal Department

    99 Seaview Blvd., Port Washington, NY 11050

    If you need to access this Policy in an alternative format due to having a disability, please contact SmartLinkO2@drivemedical.com and (877) 224-0946