Privacy Policy

NANOLUME® PRIVACY POLICY

This Privacy Policy applies to Nanolume, LLC (“NL”) provided mobile applications and websites (collectively the “NL Applications”). This Privacy Policy also applies to the NL provided content on any social media sites such as Facebook, LinkedIn, Twitter and similar platforms, however, those social media platforms have their own data collection and use policies, and NL is not responsible for such policies, or how such sites may use information you provide on those sites (including information provided to NL through those sites), or how such sites track or monitor your usage of those services.

By using the NL Applications, you consent to the collection and use of your Personal Data by NL as set forth in this Privacy Policy.

NL is committed to being transparent about its data collection and data use policies, which are described in this Privacy Policy, so that you can make an informed decision as to whether to use NL Applications.

You may use NL Applications to enter information about you, such as your name, age, physical characteristics, health condition, pain and pain events, and other personal information. As discussed below, some other information may be collected about you depending on what you are doing in the NL Applications. In this Privacy Policy, all information that identifies you as an individual (but not anonymized and/or deidentified data) is collectively referred to as “Personal Data”.

GENERAL POLICY: NL does not access or use your Personal Data for any purpose other than to provide the functionality described in the NL Applications. NL does not disclose or further transfer your Personal Data other than (a) at your direction when (and if) you decide to share your Personal Data with another person; and (b) to comply with law, such as a subpoena, or in the event that NL’s business is transferred to a successor through a merger, sale, or other similar sale of business transaction (a “Change of Control”).

CHANGES: NL reserves the right to change this Privacy Policy from time to time. If NL does change this Privacy Policy, such changes will be posted or otherwise noticed in the NL Applications, and will be effective if you continue to use the NL Applications after such notice. If you do not agree with the changes to the Privacy Policy you may cease using the NL Applications and such revised terms shall not apply to you.

DETAILED POLICY

Personal Data – no NL access. NL does not have access to your Personal Data stored in a mobile device and does not obtain or make a copy of it or otherwise back it up. . NL IS NOT RESPONSIBLE FOR ERASED, LOST, OR STOLEN DATA INCLUDING PERSONAL DATA, WHETHER OR NOT CAUSED BY A MALFUNCTION OF THE NL APPLICATION, USER ERROR, A NETWORK OR DEVICE BREACH, OR ANY OTHER CAUSE.

Personal Data sharing. The NL Application does allow you to create a “screen capture” or “screen photo” of some or all of your Personal Data which may be uploaded to a third-party service, such as iCloud, or via the Apple® Photos feature. Some of the NL Applications also may allow you to email or otherwise communicate a file of some of the data stored in the NL Applications. Some NL Applications may also allow you to electronically send a PDF or other similar file containing your Personal Data (pain map drawings) and notes. It is your responsibility to control where this data goes, your device settings, and any possible distribution of this data. NL does not have access to any of your Personal Data or data storage locations.

Use of Contact information. You may elect to share with NL your email address, SMS number or other contact information, and other information such as personal or professional interests, demographics, experience with our programs, and more detailed contact preferences (“Contact Information”), and NL may send you communications if you have provided that Contact Information. You may also instruct NL to stop communicating with you, and NL will honor such requests made in accordance with the procedures available in the NL Applications. However, be aware that NL may still send you transactional information regarding NL Application issues, such as notices of changes in this Privacy Policy. NL does not have access to your Contact Information unless you provide your contact information to NL. Without your express opt in (or to comply with legal requests or in connection with a Change of Control), NL does not share that Contact Information with any third parties, other than the data centers and vendors NL uses to provide the NL Applications to you.

Automatically collected information. If you use the NL website, it may use cookie technology which stores small files on your computer, to assist with session management and preserving your login context on the website. In addition, the NL website may automatically collect certain information regarding the communications between your browser/computer and the NL servers, such as referring source, domain name, internet protocol address, the type of web browser, and other data that is automatically transferred between computers in a typical internet session (“Automatically Collected Data”). Automatically Collected Data is used by NL only for its internal purposes but is subject to disclosure to the extent required by applicable law, or in a Change of Control. You also have choices with respect to limiting some Automatically Collected Data. For example, by modifying your browser preferences, or the settings on your electronic device that you use to access the NL Applications, you may set an option to accept or reject cookies or to be notified when a cookie is set. Some of these setting may interfere with, or prevent the operation of the NL Applications. Accepting a cookie in no way gives NL access to your computer or any Personal Data about you, other than the data you choose to share with us through the cookie.

As part of its Automatically Collected Data, the NL website uses Google Analytics to track certain automated data created by your use of the website. NL does not control Google’s use of this Automatically Collected Data, which is subject to Google Privacy Policy, which is located here: https://policies.google.com/privacy. In addition, a general description of the Google Analytic’s tool and its data collection and use policies is here: https://support.google.com/analytics/answer/6004245. NL only uses Google Analytics data internally to improve the NL website, and for no other purpose.

Anonymized/aggregated data. If NL de-identifies any data or information (including any Personal Data), or the information is itself already anonymous (i.e. most Automatically Collected Data), such that such data does not link to or identify you, then such data is anonymous data, and NL owns this anonymous data and NL may use such data for any purpose and disclose such data to any third-party and NL has no duty to you in respect of such anonymous data, except solely to the extent provide under positive law applicable to NL.

Data location. All Personal Data, Contact Information, Automatically Collected Data is stored in the United States, and United States laws may be different than the laws of your country of residence. You consent to our storage in the United States of any data or Personal Data you send us.

Who is Collecting and has access to Personal Data?

Only NL vendors collect and have access to Personal Data and credit card information that is obtained when using the NL Applications. NL does not control what data is collected by, or how that data is used by, third party applications or platforms such as Facebook, LinkedIn, Twitter and similar third party sites, and NL is not responsible or liable for any collection, misuse, breach or other action or inaction by such third parties.

In addition, NL will comply with legal requests such as subpoenas, court orders and law enforcement requests to disclose information NL may have in its possession, and NL may transfer information, including your Personal Data, in a Change of Control, however, it will be transferred subject to this Privacy Policy.

How Does NL Use the Information We Collect?

NL does not require nor use your Personal Data to provide the current services in the NL Applications to you.

Who Can We Share the Personal Data With?

Except as outlined in this Privacy Policy or specifically on the NL Applications at a point where you affirmatively opt in, NL will not sell, rent, lease, or share your Personal Data to others without your consent.

NL may also disclose and use Personal Data in special cases when we have reason to believe that disclosing this information is necessary to identify, contact or bring legal action against someone who may be violating NL’s rights or agreements or causing injury to or interference with NL’s or other’s property or the NL Applications. NL may also disclose or access Personal Data when we believe in good faith that the law requires it. NL may also access or disclose Personal Data to respond to an emergency.

The NL Applications may provide you with the ability to send some of your Personal Data to a third party, such as a healthcare provider. Please be aware that this Personal Data is NOT encrypted, and it is not protected health information under HIPAA. If you (or someone with your login) invokes this feature, NL will send the Personal Data you designate to the person you designate. NL is not liable or responsible for use or misuse of Personal Data that exits the NL Applications via this feature.

What Choices Do I Have Regarding Collection, Use and Distribution of My Information?

NL may provide some ability to limit what Personal Data is collected from you, however, except as specifically required by positive applicable law, NL has no obligation to provide such options or choice. If you ever have questions regarding any communications you receive from NL or its vendors or about data collection and use policies, please contact us by email at administration@nanolume.com.

What Security Measures are Used by NL?

NL does not have access to Personal Data through the NL Applications; however, should Personal Data come into possession of NL via the website NL will use commercially reasonable efforts to protect the Personal Data you share with us in light of the nature and extent of such Personal Data, but in any event shall comply with positive applicable law. In addition, NL does not control the manner of storage of Personal Data on your mobile device – when you use the NL Applications to create content, this information is stored on your mobile device and whether it is encrypted or password protected it is controlled by you and the settings you place on your electronic device, and not by NL.

Compliance with law?

NL will comply with positive law applicable to NL. For example, if applicable law requires NL to offer you the right to have your Personal Data deleted or corrected, or to obtain an accounting of disclosures of such Personal Data, then to the extent NL has such Personal Data, NL will comply with its legal obligations. NL may also choose to voluntarily enable such rights, even if not required to do so, but in such case, this is optional to NL. You may make any requests to NL at administration@nanolume.com.

Notice concerning Communications Decency Act?

NL hereby notifies You that parental control protections (such as computer hardware, software, or filtering services) are commercially available that may assist You in limiting access to material that is not suitable to minors. You can discover some of the providers of such parental control technology by searching for “parental control software” using a major search engine, or by visiting https://www.consumer.ftc.gov/articles/0031-protecting-your-childs-privacy-online.

What If I Have Additional Questions or Comments?

Please submit any questions you have regarding this Privacy Policy to us by e-mail at administration@nanolume.com.

[Updated: May 23, 2019.]