Consumer Health Data Policy US

CONSUMER HEALTH DATA PRIVACY POLICY  

Effective: 16 February, 2025 

This Consumer Health Data Privacy Policy (this “Policy”) describes how Blatchford, Inc. (“Blatchford,” “we,” “us,” or “our”) collects, uses, and shares consumer health data (as that term is defined by applicable laws in Nevada and Washington). We ask that you review it carefully. This Policy describes how we treat consumer health data collected by or on behalf of Blatchford when you use the SmartStep platform and associated web-based sites and applications made available and operated by us that reference or link to this Policy (the “Platform”). The Platform includes, without limitation, (i) our SMARTSTEP applications for iOS and Android (collectively, the “App”), which allows an authenticated and authorized user to interact with a compatible Blatchford device (“Blatchford Device”) via a secure Bluetooth Low Energy (BLE) connection; and (ii) our web-based administration portal (the “Portal”). This policy applies to our email messages to you relating to the Platform, and in our offline interactions where this Policy is referenced.  By providing us with consumer health data or using or accessing the Platform, you agree to the collection, use, and disclosure of your consumer health data, as described in this Policy.  If you do not agree, please do not provide us with consumer health data and do not access or use the Platform or our services. 

This Policy supplements the Blatchford SmartStep Privacy Policy and applies solely to consumer health data, as described above.   

We (and the vendors and other parties we use to perform services on our behalf) may collect the following categories of consumer health data; the categories of consumer health data we collect from or about you specifically (if any) will depend on the context of your interactions with the Platform and the choices you make:  

We may collect consumer health data directly from you—for example, in connection with your use of the App and a Blatchford Device. Additionally, we and our vendors may use cookies and related technologies to passively collect information from and across your devices when you interact with the Platform. For more information about how we use information that is collected passively, please see our Privacy Policy. Finally, we may acquire consumer health data about you from other sources, such as healthcare professionals. We may also combine information about you that we receive from other parties (such as when you choose to use Apple HealthKit or a similar service) with other information about you that we collect when you use the Platform or that you choose to share with us, and this combined information may in some instances be considered consumer health data. 

We may collect and use consumer health data to: 

We will obtain your consent or authorization where required by applicable law in connection with any of the uses described above. Additionally, we may use consumer health data for other purposes for which we give you choices and/or obtain your consent or authorization as required by law. See Sections 6 and 7 below for more details on the controls and choices you may have. 

We may share your consumer health data for the purposes described above. Additionally, we may share personal information, including consumer health data, with your consent or as reasonably necessary to complete any transaction or provide any product or service you have requested or authorized, as described above. 

We may share your consumer health data with your health care professionals.   

We may also disclose your consumer health data (a) to vendors that provide business, professional, or technical support functions for us, help us operate our business and the Platform, or administer activities on our behalf; (b) to comply with law, or to respond to subpoenas, judicial processes, or government requests and investigations, or in connection with an investigation on matters related to public safety, as permitted by law, or otherwise as required by law; (c) to protect the security of the Platform, servers, network systems, databases, and business; (d) as necessary, if we believe that there has been a violation of our Patient Terms of Use, any other legal document or contract related to our services, or the rights of any third party; and (e) to another entity that acquires or intends to acquire us or any of our assets in connection with a sale or bankruptcy or reorganization proceeding.  

Third parties may be able to collect consumer health data from you over time and across different websites depending on your browser, browser add-ons, and associated permissions you set on your devices. 

Subject to certain legal limitations and exceptions, you may be able to exercise some or all of the following rights: 

We may deny your request to exercise any of the rights described above if doing so is reasonably necessary for us (or our affiliates or processors) to: 

You may exercise your rights by emailing us at [email protected], or by calling us at 800-548-3534.  We may take steps to verify your identity before responding to your request by asking you a series of questions about your previous interactions with us. 

We may deny certain requests and will explain why your request was denied and how to appeal our decision, as required by applicable law. After receiving our explanation, if you would like to appeal our decision, you may do so as further detailed in our communication back to you. For questions, you may also contact us by calling or emailing us at the contact information in Section 9 below.  

We reserve the right, at our sole discretion, to change, modify, add, remove, or otherwise revise portions of this Policy at any time. When we do, we will post the change(s) on the Platform.  Your continued use of our services following the posting of changes to this Policy means you accept these changes.