Privacy

Privacy Statement
We (the “Whole You brand” or “Respire Medical, LLC” or “we” or “us”) respect your privacy and we are committed to protecting the privacy and security of your information. This Privacy Statement (the “Statement”) is intended for residents of the U.S. and sets forth the types of information we collect about you or that you may provide to us, including when you visit our website at www.wholeyou.com and related webpages (collectively our “Website”), and our practices for using, disclosing, protecting, and sharing that information.

This Statement was last updated on April 1, 2022.

Introduction
This Statement applies to information that we collect on our Website, in emails, other electronic messages between you and us, and information you provide to us at tradeshows, through client information request forms, or when you contact us.

This Statement does not apply to information collected by any third party or affiliate, including through any application or content, including advertising, which may link to or be accessible from our Website. We are not responsible for the privacy practices or the content of those other websites. 

Please read this Statement carefully to understand our practices regarding your information and how we will treat it. If you do not agree to the terms of this Statement, you should not use our Website. We reserve the right to update or modify this Statement from time to time, and such changes to the Statement will be effective immediately; therefore please bookmark this page and review it periodically to assure familiarity with the most current version of the Statement. You can tell if the Statement has been updated since you last reviewed it by checking the “This Statement was last updated on” date at the beginning of the Statement. If there are any material changes to this Statement, we will notify you as required by applicable law.

Children Under the Age of 16
Our Website is not intended for use by children under the age of 16. We do not knowingly collect personally identifiable information from children under 16. If you are under the age of 16, do not use or provide any information on our Website. If we learn we have collected or received personal information from a child under the age of 16 without proper consent, we will delete that information.

This Statement is the sole authorized statement of our practices with respect to our data practices. Any summaries of this Statement generated by third party software or otherwise (for example, in connection with the “Platform for Privacy Preferences” or “P3P”) shall have no legal effect, are in no way binding upon us, shall not be relied upon in substitute for this Statement, and neither supersede nor modify this Statement.

Information We Collect About You And How We Collect It:
At times, we collect information that may include personal information that can be used to identify you. Personal information does not include publicly available information from government records or deidentified or aggregated consumer information. 

In particular, we collect, and have collected within the past twelve months, the following categories of personal information:

	Category	Examples	Collected? (Y/N)
A	Identifiers	Such as, for example, a real name, alias, postal address, unique personal identifier, online identifier, Internet Protocol address, email address or other similar identifiers (such as, for example, when you provide reviews, posts, or other information on our Facebook page or tied to your Facebook page).	Y
B	Customer Records	Such as, for example, a name, postal address, email address, and telephone number.  If you take our sleep health test, physical characteristics and general information about your sleep condition including fatigue, breathing and snoring conditions, mood, appetite and certain medical information, such as, for example, whether you have high blood pressure or have had a stroke, any irregular heartbeat, diabetes, chronic acid reflux or any autoimmune disease. If you are applying for a position with us, your employment and education history. If you are a medical professional, in addition to your contact information, your education and employment information, including your company or medical group, and your bank account number, credit card number, debit card number, or any other financial information you provide when you order our products or services. Note:  Some information in this category may overlap with other categories.	Y
C	Protected Classification	Such as, for example, your age within certain age demographics (e.g., within the age category of 18-24).	Y
D	Commercial Information	If you are a medical professional and order our products or services, records concerning products or services purchased and payment records.	Y
E	Biometric Information	If you take our sleep health test, physical characteristics and general information about your sleep condition including fatigue, breathing and snoring conditions, mood, appetite and certain medical information, such as, for example, whether you have high blood pressure or have had a stroke, any irregular heartbeat, diabetes, chronic acid reflux or any autoimmune disease.	Y
F	Internet or other similar activity	Such as, for example, your browsing history, search history, and information regarding your interaction with our Website and social media.	Y
G	Geolocation Data	Such as, for example, your location relating to certain of our advertising and marketing campaigns using Facebook.	Y
H	Sensory Data	Audio, electronic, visual, thermal, olfactory, or similar information	N
I	Professional or employment related information	If you are a professional, such as, for example, your employer name or category, your job title, and your job history if that history is posted on, for example, LinkedIn. If you are applying for a position with us, we may collect your current or past job history, including references.	Y
J	Non-public education information	Such as, for example, if you apply for a position with us, we may collect your educational history and any completed certifications.	Y
K	Inferences drawn from other PI	Such as, for example, your preferences, behavior, and characteristics.	Y

We obtain this information from the following sources:

Information you provide to us voluntarily.  In general, you can visit our Website without providing any information other than the information we collect automatically. There are times, however, when we may need information from you. You may choose to give us personal information in a variety of situations. For example, you may provide your name, email address, telephone number, information that will help us understand your sleep condition, or other information, when you contact us, engage with our Website, or use any of our services submit any form, register for a webinar or tradeshow, or request information from us.

If you choose not to provide us with certain information, you may not be able to take advantage of certain features of our services or receive information from us.

We may also ask for your personal information when you express an interest in employment opportunities by submitting an application to us. The information we collect, such as your name, address, email address, telephone number, employment and education history, will be apparent at the time you are submitting your application and we will use this information to evaluate your candidacy for employment.

Information we collect automatically.  As you navigate through and interact with our Website, we may use automatic data collection technologies to collect certain information about you. For example, we use cookies (a tiny file stored on your computer’s browser), pixels (a code that is placed on our Website to collect information about visitors to our Website to track behavior, which is then sent to the marketing/advertising platform we are using to be processed and reported back to us using deidentified information), and other tracking technologies to collect and use information about you, including to serve interest-based advertising. We also utilize third-party services that use tracking technologies when you visit our site. These automatic data collection technologies are used to tell us about your device, browsing actions, geolocation, and patterns, including details of your visits to our Website and information about you and your device and internet connection, including your IP address or device identifier, operating system, and browser type. We may use this information to understand how our users navigate our site and to determine common traffic patterns, including what site the user came from. We may also use this information to simplify and optimize site navigation, to help design our site in order to make your experience more efficient, and to target our advertising and determine if our advertising on certain platforms is effective.

How you can control cookies.  Most browsers are initially set up to accept cookies. However, if you prefer not to store cookies on your device, you can set your browser to notify you when you receive a cookie, set your browser to refuse cookies by activating the appropriate setting on your browser, delete cookies after visiting our site, or browse our site using your browser’s anonymous usage setting. However, if you don’t accept cookies, this may prevent our Website or services from working properly. For instructions, check your browser’s help file or technical instructions. If you use multiple devices, this will need to be done for each device.

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

• To present our Website and its content to you and to improve our Website and our products and services.
• To provide you with information, products, or services that you request from us or to fulfill any other purpose for which you provide it, including when you fill out a form requesting information from us.
•  To provide customer service.
• Through our use of cookies and pixels, to understand how our Website is being used, to measure the effectiveness of our Website, to customize content and advertising, and to use and analyze target markets.
• Through our use of cookies and pixels, we use interest-based advertising to tailor marketing to you and your interests. For example, we use Facebook, which uses a Facebook pixel to pull information like your name, age and location demographic, professional category, search history, and interests to help associate you with your browser cookie or device ID so that we can better target and measure the effectiveness of our advertising on Facebook’s platform (e.g., whether if we showed you an ad on Facebook, you clicked on it, came to our site, your interest in our products and services, which helps us determine the effectiveness of our marketing and advertising campaigns). 
• To interact with you on social media. We use LinkedIn, Instagram, Facebook, Twitter and Pinterest to target audiences that may be interested in our products and services. We are not responsible for these social networks as they governed by their respective privacy policies and terms and we recommend you carefully review such policies and terms.
• To personalize your Website experience and remember your preferences.
• To deliver content and product and service information and offerings relevant to your interests or location, including providing such information or offer via email.
• To process your payment for the products or services you purchase from us.
•  To register you to attend an event, trade show, or webinar, which may include helping us to plan, coordinate, and host such events, and analyzing your interests in and interactions with the event.
• We may receive information about you from other sources, including from third parties. We may combine this information with other information provided by you which helps us to update and expand our records, identify new customers, and tailor our advertising and marketing communications.
• To notify you about changes to our Website or any products or services we offer or provide through it.
• To help maintain the safety, security and integrity of our Website, products and services, and databases.
• To respond to law enforcement requests and as required by applicable law, court order, or governmental regulations.
• To fulfill any other purpose for which you provide it or for which you consent.
• To evaluate or conduct a merger, divestiture, restructuring, reorganization, dissolution, or other sale or transfer of some or all of our assets (“Transaction”), whether as a going concern or as part of bankruptcy, liquidation, or similar proceeding, in which personal information held by us about our Website users or customers is among the assets being transferred, which may occur prior to the closing of such Transaction.

If you are submitting information on behalf of a third party (for example, registering a fellow employee for a webinar or trade show), we expect that you have received appropriate consent, according to applicable privacy laws, before transferring any personal information to us.

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

Your California Privacy Rights
If you are a California resident, California law may provide you with additional rights regarding our use of your personal information.  To learn more about your California privacy rights, visit Privacy Statement for California Residents section.

Information We Share
We may disclose aggregated information about users, and information that does not identify an individual, without restriction.  We share your personal information with the following categories of parties:

• To our service providers.
• To a third party, for example, when you sign up for an event, we may provide the information submitted on the registration form to the speaker(s) or host of the event.
• To fulfill the purpose for which you provide it.
• To online platforms such as Google and Facebook.
• For any other purpose disclosed by us when you provide the information.
• For Corporate Transactions. We may also disclose your information to a buyer or other successor in the event of a merger, divestiture, restructuring, reorganization, dissolution, or other sale or transfer of some or all of our assets. This may occur prior to the closing of such transaction.
• Other Reasons. To: (a) satisfy applicable law, regulations, legal process or valid governmental request; (b) enforce the terms of use applicable to our services, (c) detect, prevent or mitigate fraud or security or technical issues; or (d) protect against imminent harm to the rights, property or safety of our company, our customers or the public as required or permitted by law.

Your Choices
You can tell us how we can use your personal information by using the following:

• Tracking Technologies. As noted above under “How you can control cookies,” you can, for example, set your browser to refuse all or some browser cookies, or to alert you when cookies are being sent. If you disable or refuse cookies, some parts of our Websites may be inaccessible or not function properly.
• Disclosure to Third-Parties. If you do not want us to share your information with third parties, you can choose not to submit your information on the form giving us permission to share your information.
• If you are on our mailing list, you may remove yourself from the mailing list at any time by following the unsubscribe instructions found on our emailed newsletters and communications.

We do not control third parties’ collection or use of your information to service interest-based advertising. However these third parties may provide you with ways to choose not to have your information collected or used in this way. 

Security
We respect your personal information and take steps to protect it from loss, misuse, or alteration.  Where appropriate, these steps can include technical measures like firewalls, intrusion detection and prevention systems, unique and complex passwords, and encryption. We also use organizational and physical measures such as training staff on data processing obligations, identification of data incidents and risks, restricting staff access to your personal information, and ensuring physical security including appropriately securing information when not being used. 

Changes to the Privacy Statement
We reserve the right to change this Statement. If we decide to make changes, we will post the updated statement on our Website so you are always aware of what information we collect, how we use it, and the circumstances, if any, on how we disclose it. The date this Statement was last revised is identified at the top of the page.  You are responsible for ensuring that we have an up-to-date active and deliverable email address for you, and for periodically visiting our Website and the Statement to check for any changes. Your continued use of our Website following the posting of changes constitutes acceptance of such changes. Where required by applicable data protection laws, we will also seek your consent to any material changes that affect how we use your information.

Help
If you need help with unsubscribing, or have questions regarding this Statement, please email us at support@wholeyou.com or call us using our toll free number 800.639.6676.

Privacy Statement for California Residents

Effective Date:  December 11, 2020.
Last Updated on:  April 1, 2022

This Privacy Statement for California Residents (“California Statement”) supplements the information contained in our Statement above and applies solely to all visitors, users, and others who reside in the State of California (“consumers” or “you”). We adopt this Statement 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 California Statement.

Where noted herein, the CCPA temporarily exempts personal information reflecting a written or verbal business-to-business communication (“business-to-business personal information”) from some requirements.

Information We Share
We may disclose your personal information to a third party for a business purpose or share your personal information with a third party subject to your right not to provide your information in those circumstances (see Sales Opt-Out and Opt-In Rights below). 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. 

We share your personal information with the following categories of parties:

• Our service providers.
• With data marketing and analytical suppliers.
• In Corporate Transactions. We may share your data with a potential buyer or other successor in the event of a merger, divestiture, restructuring, reorganization, dissolution, or other sale or transfer of all or some of our assets. This may occur prior to the closing of such transaction.
• Other Reasons. To: (a) satisfy applicable law, regulations, legal process or valid governmental request; (b) enforce the terms of use applicable to our services, (c) detect, prevent or mitigate fraud or security or technical issues; or (d) protect against imminent harm to the rights, property or safety of our company, our customers or the public as required or permitted by law.

Disclosures of Information for a Business Purpose
In the preceding twelve months, we have disclosed the following categories of personal information for a business purpose:

Category A, Identifiers; Category B, Consumer Records; Category D, Commercial Information, Category I, Professional or Employment Related Information, and Category J, and Non-Public Education Information.

We disclose your personal information for a business purpose to the following categories of parties:

• Service providers.

Sales of Personal Information
In the preceding twelve (12) months, we have disclosed the following categories of personal information:

Category A, Identifiers; Category B, Consumer Records; Category C, Protected Classification; Category F, Internet or other similar activity; Category G, Geolocation Data; Category I, Professional or employment related information; and Category K, Inferences drawn from other PI. .

We dislcose your personal information to the following categories of third parties:

• Data marketing and analytical suppliers, such as Facebook.

Your Rights and Choices
If you are a California resident, the CCPA provides you with specific rights regarding your personal information. This section describes your CCPA rights and explains how to exercise those rights.

Accessing Your Information and Data Portability Rights
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. Once we receive and confirm your verifiable consumer request, 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 or selling that personal information.
• The categories of third parties with whom we share that personal information.
• The specific pieces of personal information we collected about you (also called a data portability request).
• If we sold or disclosed your personal information for a business purpose,
• Sales, identifying the personal information categories that each category of recipient purchased; and
• Disclosures for a business purpose, identifying the personal information categories that each category of recipient obtained.

We do not provide these access and data portability rights for business-to-business personal information.

Requesting Deletion of Information
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. Once we receive and confirm your verifiable consumer request, we will delete (and direct our service providers to delete) your personal information from our records, unless an exception applies.

We may deny your deletion request if retaining the information is necessary for us or our service provider(s) to:

• Complete the transaction for which the personal information was collected, fulfill the terms of a written warranty or product recall conducted in accordance with federal law, provide a good or service that you requested, take actions reasonably anticipated within the context of our ongoing business relationship with you, or otherwise perform our contract with you.
• 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.
• Exercise free speech, ensure the right of another consumer to exercise their free speech rights, or exercise another right provided for by law.
• Comply with the California Electronic Communications Privacy Act (Cal. Penal Code § 1546 et seq.).
• Engage in public or peer-reviewed scientific, historical, or statistical research in 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.
• Enable solely internal uses that are reasonably aligned with consumer expectations based on your relationship with us.
• Comply with a legal obligation.
• Make other internal and lawful uses of that information that are compatible with the context in which you provided it.

We do not provide these deletion rights for business-to-business personal information.

Exercising Access, Data Portability, and Deletion Rights
To exercise the access, data portability, and deletion rights described above, please submit a verifiable consumer request to us by either:

• Emailing us at support@wholeyou.com
• Calling us toll free at 800.639.6676.

Only you, or a person registered with the California Secretary of State that you authorize to act on your behalf, may make a verifiable consumer request related to your personal information. You may also make a verifiable consumer request on behalf of your minor child. If you submit a request on behalf of another person, we may require proof of authorization and verification of identity directly from the person for whom you are submitting a request.

You may only make a verifiable consumer request for access or data portability twice within a 12-month period.  The verifiable request must:

• Provide sufficient information that allows us to reasonably verify you are the person about whom we collected personal information or an authorized representative, which may include your name and email address;
• Describe your request with sufficient detail that allows us to properly understand, evaluate, and respond to it.

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.

Making a verifiable consumer request does not require you to create an account with us. However, we do consider requests made through your password protected account sufficiently verified when the request relates to personal information associated with that specific account.

We will only use personal information provided in a verifiable consumer request to verify the requestor’s identity or authority to make the request.

Response Timing
We endeavor to respond to a verifiable consumer within 45 days of its receipt. If we require more time (up to 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 the verifiable consumer request’s receipt. 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, which may include either a screen shot of the information or a pdf. 

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.

Personal Information Sales Opt-Out and Opt-In Rights
Under the CCPA, if you are 16 years of age or older, you have the right to direct us not to sell your personal information at any time (the “right to opt-out”). To exercise the right to opt-out, you, or your authorized representative, may submit a request to us by visiting the following Internet Web page link: Do Not Sell My Personal Information.

Once you make an opt-out request, we will wait at least 12 months before asking you to reauthorize personal information sales. However, you may change your mind and opt back in to sharing personal information by filling out a form with the requested information and submitting that form.

You do not need to create an account with us to exercise your opt-out rights. We will only use your personal information provided in an opt-out request to review and comply with the request.

Non-Discrimination
We will not discriminate against you for exercising any of your rights under the California Consumer Privacy Act (“CCPA”). 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 with 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 the Privacy Statement
We reserve the right to change this Statement. If we decide to make changes, we will post the updated statement on our website so you are always aware of what information we collect, how we use it, and the circumstances, if any, we disclose it. The date this Statement was last revised is identified at the top of the page. You are responsible for ensuring that we have an up-to-date active and deliverable email address for you, and for periodically visiting our website and the Statement to check for any changes. Your continued use of our Website following the posting of changes constitutes acceptance of such changes. Where required by applicable data protection laws, we will also seek your consent to any material changes that affect how we use your information.

Help
If you need help with unsubscribing, or have questions regarding this Statement, the ways in which we collect, share, and use your information as described in this Statement, your choices and rights regarding such use, or wish to exercise your rights under California law, please email us at support@wholeyou.com or call us using the toll free number 800.639.6676.