PATIENT PRIVACY POLICY

Version 1

Last Updated:  June 24th, 2020

We at Augment Therapy value your privacy and are committed to keeping your personal data confidential. We use your data solely in the context of providing you with the App, the ability for you and your child to communicate with your child’s therapist, and additional exercises your

This privacy policy applies to Personal Data Augment Therapy collects from users of the Augment Therapy App. “Personal Data” includes any information that can be used on its own or with other information in combination to identify or contact one of our users. We believe that transparency about the use of your and your child’s personal information is of utmost importance. In this privacy policy, we provide you detailed information about our collection, use, maintenance, and disclosure of your child’s Personal Data. The policy explains what kind of information we collect, when and how we might use that information, how we protect the information, and your rights as a parent/legal guardian.

BY ALLOWING YOUR CHILD TO USE THE APP, YOU ARE ACKNOWLEDGING THAT YOU HAVE READ AND AGREE TO THE TERMS OF THIS POLICY. IF YOU DO NOT AGREE, PLEASE DO NOT ALLOW YOUR CHILD TO LOG INTO OR ACCESS THE APP AND DO NOT SUBMIT ANY PERSONAL DATA TO US.

Notice Regarding Updates: Please note that we occasionally update this Privacy Policy. If we make a material change to this Privacy Policy, we will post a link to the modified terms on our website and will also notify you via email. You can store this policy and/or any amended version(s) digitally, print it, or save it in any other way. Any changes to this privacy policy will be effective immediately upon providing notice, and shall apply to all information we maintain, use, and disclose. If you do not agree to the changes, immediately delete the App and all associated files from your device. If you continue to use the App following such notice, you are agreeing to those changes.

In case you have any questions or concerns after reading this Privacy Policy, please do not hesitate to contact us at support@augmenttherapy.com We appreciate your feedback. If you do not agree to the terms of this Privacy Policy or if you change your mind at any point, you can delete your account by  notifying us by email at support@augmenttherapy.com

Responsible Entity

Augment Therapy (“We”, “Us”, “the Company”) is the controller of Your child’s Personal Data and may process this data in accordance with the Privacy Policy. If we are processing Personal Data on behalf of a third party that is not an agent or affiliate of Company, the terms of this Privacy Policy do not apply—instead, the terms of that third party’s privacy policy will apply. You can contact Us with any questions about our Privacy Policy at support@augmenttherapy.com

Links to Other Sites

Our Application may contain links to websites and services that are owned or operated by third parties (each, a “Third-party Service”). Any information that you provide or your child provides on or to a Third-party Service or that is collected by a Third-party Service is provided directly to the owner or operator of the Third-party Service and is subject to the owner’s or operator’s privacy policy. We’re not responsible for the content, privacy or security practices and policies of any Third-party Service. To protect your child’s information, we recommend that you carefully review the privacy policies of all Third-party Services that you access.

What Personal Data do we collect?

We collect Personal Data, which includes the following types of data and may include healthcare information or “protected health information”.

Demographic Data

We collect demographic information, such as your name and email address and your child’s name, birth year, gender, height, and weight. Primarily, the collection of this Personal Data assists us in creating your child’s User Account and communicating with your child’s therapist.

Payment Data

If you make payments via our Application, We may require that you provide to us your financial and billing information, such as billing name and address, credit card number or bank account information.

Support Data

If you contact Augment Therapy for support or to lodge a complaint, We may collect technical or other information from you through log files and other technologies, some of which may qualify as Personal Data. (e.g., IP address). Such information will be used for the purposes of troubleshooting, customer support, software updates, and improvement of the Application and related services in accordance with this Privacy Policy. Calls with Augment Therapy may be recorded or monitored for training, quality assurance, customer service, and reference purposes.

Device, Telephone, and ISP Data

We use common information-gathering tools, such as log files, cookies, web beacons, and similar technologies to automatically collect information, which may contain Personal Data, from Your device as you and your child navigate our Application or interact with emails We have sent You. The information we collect may include your Internet Protocol (IP) address (or proxy server), device and application identification numbers, location, browser type, Internet service provider and/or mobile carrier, the pages and files you viewed, Your searches, Your operating system and system configuration information, and date/time stamps associated with Your usage. This information is used to analyze overall trends, to help us provide and improve our Services and to guarantee their security and continued proper functioning.

Health and Device Data

In addition to demographic information, We will collect information regarding your child’s health conditions, age, gender, weight, height, and any data collected during activities conducted via the App such as seconds standing on one leg and number of steps, number of hand movements, and general utilization data related to the app. We collect this information to provide You with the Services and to provide Your healthcare provider providing healthcare services through the App with the information required to provide medical treatment.

How will We use Your Personal Data?

We process your Personal Data for purposes based on legitimate business interests, the fulfillment of our Services to You, compliance with Our legal obligations, and/or Your consent. We only use or disclose Your Personal Data when it is legally mandated or where it is necessary to fulfill the purposes described herein. Where required by law, we will ask for your prior consent before doing so.

Specifically, we process Your and Your child’s Personal Data for the following legitimate business purposes:

• To fulfill our obligations under the Terms of Use
• To communicate about and manage Your User Account
• To properly store and track Your child’s data within our system
• To respond to lawful requests from public and government authorities, and to comply with applicable state/federal law, including cooperation with judicial proceedings or court orders.
• To protect our rights, privacy, safety or property, and/or that of you or others by providing proper notices, pursuing available legal remedies, and acting to limit Our damages
• To handle technical support and other requests from You
• To enforce and ensure your compliance with our Terms of Use or the terms of any other applicable services agreement We have with You
• To manage and improve our operations and the Application, including the development of additional functionality
• To manage payment processing
• To evaluate the quality of service You receive, identify usage trends, and thereby improve Your user experience
• To keep our Application safe and secure for You, Your child, and for Us
• To send You information about changes to our terms, conditions, and policies
• To allow us to pursue available remedies or limit the damages that we may sustain
• To provide access to the authorized healthcare provider/caregiver (with your consent), to enable that individual to monitor your progress and overall condition and to follow up with you, as they deem appropriate.

Where is your Personal Data processed?

Personal Data Augment Therapy collects through the Application will be stored on secure third-party cloud servers in the United States. Personal Data may be transmitted to third parties, which parties may store or maintain the data on their secure servers. These third parties are not permitted to transfer your or your child’s Personal Data outside of the United States. The Application is not “native” to your device, since information is sent to a secure HIPAA compliant cloud location.

Will We share your Personal Data with anyone else?

Yes, with the healthcare provider(s) (“Provider”) with whom You connect via the Application.

We will share information you enter into the Application as well as any reports generated by the Application based on the information you enter with the Provider with whom connect via the Application (if applicable). If, at any point, you want to deny access to one or more Providers, you can do so by emailing support@augmenttherapy.com

Yes, with third parties that help us power our Application

Augment Therapy has a limited number of service providers and other third parties (“Business Partners”) that help us run various aspects of our business. These Business Partners are contractually bound to protect Personal Data and to use it only for the limited purpose(s) for which it is shared. Business Partners’ use of Personal Data may include, but is not limited to, the provision of services such as data hosting, IT services, customer service, and payment processing.

Yes, with third parties and the government when legal or enforcement issues arise

We may share your Personal Data, if reasonable and necessary, to (i) comply with legal processes or enforceable governmental requests, or as otherwise required by law; (ii) cooperate with third parties in

investigating acts in violation of this Agreement; or (iii) bring legal action against someone who may be violating the Terms of Use or who may be causing intentional or unintentional injury or interference to the rights or property of Augment Therapy or any third party, including other users.

Yes, with third parties that provide advisory services

We may share Personal Data with Our lawyers, auditors, accountants, or banks, when we have a legitimate business interest in doing so.

Yes, with third parties in the event of a reorganization, merger, sale, joint venture, assignment, transfer, or other disposition of all or any portion of Augment Therapy’s corporate entity, assets, or stock (including in connection with any bankruptcy or similar proceedings).

If We share Personal Data with a third party other than as provided above, You will be notified at the time of data collection or transfer, and You will have the option of not permitting the transfer.

How long do We retain Personal Data?

We will retain your Personal Data for as long as you maintain a User Account and up to 7 years after the account is closed. The exact period of retention will depend on the type of Personal Data, our contractual obligation to You, and applicable law. We keep Personal Data for as long as necessary to fulfill the purpose for which it was collected, unless otherwise required or necessary pursuant to a legitimate business or legal purpose outlined herein. At the end of the applicable retention period, We will remove Your and Your child’s Personal Data from our databases and will request that our Business Partners remove your Personal Data from their databases. If there is any data that we are unable, for technical reasons, to delete entirely from our systems, we will put in place appropriate measures to prevent any further processing of such data. We retain anonymized data indefinitely. You can also request that we remove your child’s personal data at any time by contacting us at support@augmenttherapy.com.

NOTE: Once we disclose your or your child’s Personal Data to third parties, we may not be able to access that Personal Data any longer and cannot force the deletion or modification of any such information by the parties to whom we have made those disclosures. Written requests for deletion of Personal Data other than as described should be directed to support@augmenttherapy.com

How do We protect Your and Your Child’s Personal Data?

Augment Therapy is committed to protecting the security and confidentiality of Personal Data. We use a combination of reasonable physical, technical, and administrative security controls to maintain the security and integrity of Personal Data, to protect against any anticipated threats or hazards to the security or integrity of such information, and to protect against unauthorized access to or use of such information in our possession or control that could result in substantial harm or inconvenience. However, Internet data transmissions, whether wired or wireless, cannot be guaranteed to be 100% secure. As a result, we cannot ensure the security of information you transmit to us. By using the Application, you are assuming this risk.

Safeguards

The information collected by Augment Therapy and stored on secure servers, is protected by a combination of technical, administrative, and physical security safeguards, such as authentication, encryption, backups, and access controls. If Augment Therapy learns of a security concern, We may attempt to notify You and provide information on protective steps, if available, through the e­mail address that You have provided to Us or by an in­app notification. Depending on where You live, You may have a legal right to receive such notices in writing.

You are solely responsible for protecting information entered or generated via the Application that is stored on Your device and/or removable device storage. Augment Therapy has no access to or control over Your device’s security settings, and it is up to You to implement any device level security features and protections You feel are appropriate (e.g., password protection, encryption, remote wipe capability, etc.). We recommend that You take any and all appropriate steps to secure any device that You use to access Our Application.

NOTWITHSTANDING ANY OF THE STEPS TAKEN BY US, IT IS NOT POSSIBLE TO GUARANTEE THE SECURITY OR INTEGRITY OF DATA TRANSMITTED OVER THE INTERNET. THERE IS NO GUARANTEE THAT YOUR/YOUR CHILD’S PERSONAL DATA WILL NOT BE ACCESSED, DISCLOSED, ALTERED, OR DESTROYED BY BREACH OF ANY OF OUR PHYSICAL, TECHNICAL, OR ADMINISTRATIVE SAFEGUARDS. THEREFORE, WE DO NOT AND CANNOT ENSURE OR WARRANT THE SECURITY OR INTEGRITY OF ANY PERSONAL DATA TRANSMITTED TO US AND YOU/YOUR CHILD TRANSMIT SUCH PERSONAL DATA AT YOUR OWN RISK.

How can You Protect Your/Your Child’s Personal Data?

In addition to securing any device used to access the App, as discussed above, We will NEVER send you an email requesting confidential information such as account numbers, usernames, passwords, or social security numbers, and You should NEVER respond to any email requesting such information. If You receive such an e­mail purportedly from Augment Therapy, DO NOT RESPOND to the email and DO NOT click on any links and/or open any attachments in the email, and notify Augment Therapy support at support@augmenttherapy.com

You are responsible for taking reasonable precautions to protect Your user ID, password, and other User Account information from disclosure to third parties, and You are not permitted to circumvent the use of required encryption technologies. You should immediately notify Augment Therapy at support@augmenttherapy.com if You know of or suspect any unauthorized use or disclosure of any User Account information, or any other security concern.

Your rights

You have certain rights relating to Your and Your child’s Personal Data, subject to local data protection laws. These rights may include:

• to access Your and Your child’s Personal Data held by us
• to erase/delete Your/Your child’s Personal Data, to the extent permitted by applicable data protection laws
• to receive communications related to the processing of Your/Your child’s that are concise, transparent, intelligible and easily accessible;
• to restrict the processing of your Personal Data to the extent permitted by law (while we verify or investigate your concerns with this information, for example);
• to object to the further processing of Your/Your Personal Data, including the right to object to marketing;
• to request that your Personal Data be transferred to a third-party, if possible;
• to receive your Personal Data in a structured, commonly used and machine-readable format
• to lodge a complaint with a supervisory authority;
• to rectify inaccurate Personal Data and, taking into account the purpose of processing the Personal Data, ensure it is complete; and
• to not be subject to a decision based solely on automated processing, including profiling, which produces legal effects (“Automated Decision-Making”).

Where the processing of Your/Your child’s Personal Data by Augment Therapy is based on consent, You have the right to withdraw that consent without detriment at any time or to exercise any of the rights listed above by emailing Augment Therapy at support@augmenttherapy.com

How can You update, correct, or delete Personal Data?

You can change your email address and other contact information by emailing us at support@augmenttherapy.com. If you need to make changes or corrections to other information, you may also email us at support@augmenttherapy.com. Please note that in order to comply with certain requests to limit use of Your/Your child’s Personal Data, we may need to terminate your account and Your ability to access and use the Services, and You agree that We will not be liable to you for such termination or for any refunds of prepaid fees paid by You. You can deactivate your account by contacting us at support@augmenttherapy.com.

Can You “OPT­OUT” of receiving communications from Us?

We pledge not to market third party services to You without Your consent. We only send emails to You regarding Your Augment Therapy account and services unless We have Your express consent to do so. You can choose to filter these emails using Your email client settings, but We do not provide an option for You to opt out of these emails.

Information submission by minors

The Children’s Online Privacy Protection Act (COPPA) protects the collection of identifiable information from children under the age of 13. If your child is under the age of 13, you must give parental consent prior to allowing your child to use the App.

The App does NOT allow children or any user to make their information publicly available. Parents/legal guardians have the right to review or ask us to delete their child’s personal information, as well as to refuse to permit us to further collect or use your child’s personal information. To do any of these, please contact us at support@augmenttherapy.com with your request.

If you are a resident of California under the age of 18 and have registered for an account with us, you may ask us to remove content or information that you have posted to our websites.

California Residents

California residents may request and obtain from Us, once a year, free of charge, a list of third parties, if any, to which We disclosed their Personal Data for direct marketing purposes during the preceding calendar year and the categories of Personal Data shared with those third parties. If You are a California resident and wish to obtain that information, please submit Your request by sending Us an email at support@augmenttherapy.com with “California Privacy Rights” in the subject line.

Contact Us

If You have any questions about this Privacy Policy, please contact Us by email at support@augmenttherapy.com or please write to: Augment Therapy, 8584 East Washington Street, #128, Chagrin Falls, Ohio, 44023. Please note that email communications are not always secure; so please do not include sensitive information in Your emails to Us.

Under COPPA, you’re allowed to retain children’s personal information “for only as long as is reasonably necessary to fulfill the purpose for which the information was collected.” After that, you must delete it using reasonable measures to ensure it’s been securely destroyed.