Privacy Policy

At Podimetrics, we place a high priority on privacy, data security and compliance. Whether information comes through correspondences, over our website orthrough our devices, we work diligently to safeguard the rights and privacy of providers and patients at every point of contact. If you have any questions regarding our privacy policy, please contact us at info@podimetrics.com.

If you use the SmartMat™ device, the services and related materials, you are agreeing to the Privacy Policy following this summary:

• We will collect, use and share your personal and health data only to operate the SmartMat™ device, services and related materials as discussed in the Privacy Policy. Podimetrics may contact you and share your information with your healthcare provider, but we will not sell your health information.
• Podimetrics is regularly audited for compliance to data security and privacy standards.

Podimetrics is committed to protecting your privacy and the security of your personal data and information. Podimetrics, Inc. (“Podimetrics” or “we” or “us”) has developed this privacy policy to explain our practices regarding the collection, use and disclosure of certain information in connection with use of our mats, devices, systems, services, websites, applications, portals and other related materials and technologies (collectively, our “Products and/or Services”) and the security technologies and procedures we use to safeguard such information. This Privacy Policy is referenced in our Terms of Use and applies to our Products and/or Services. Capitalized terms used but not defined herein shall have the meaning set forth in the Terms of Use or other related documentation.

If you have any questions or concerns or complaints about our Privacy Policy or our data collection or processing practices, please contact us at the following email address: info@podimetrics.com.

The Products and Services are intended for use in the United States of America only. If you are a non U.S. user, please do not submit any personal or other data or use the Products and/or Services.

“Personal Data” means data that allows someone to identify or contact an individual, including, for example, name, address, telephone number, email address, as well as any other non-public information that is associated with or linked to any of the foregoing data. Personal Data includes the information that is collected from use of our Products and/or Services, such as patient health-related data pertaining to foot temperatures (“Health Data”). “Anonymous Data” means data that is not associated with or linked to Personal Data; Anonymous Data does not, by itself, permit the identification of individual persons. We collect and use Personal Data, Health Data and Anonymous Data as described below.

1. General

• We may collect Personal Data, such as first and last name, gender, phone number, email and mailing addresses, and/or location.
• If you provide us feedback or contact us viaemail, we will collect your name and email address, as well as any other content included in your communications, in order to send you a reply.
• If you contact us via phone, we may collect your name and phone number in order to respond to your inquiry and to monitor and provide support relating to your use of our Products and Services.
• We also collect other types of Personal Data that you provide to us voluntarily, such as registration numbers, other requested information relating to support, and medical history information (such as history of foot ulcers, neuropathy and amputation).
• If you are a healthcare provider, we may also collect information such as your professional title, company name and password in order to enable access to certain functions, features and data relating to your patients.

2. Health Data

• Our Products and Services will automatically collect Health Data, including foot temperature when using our Products and/or Services.
• Patients, healthcare providers and healthcare plans may also provide us other Health Data in connection with the use of our Products and Services, including but not limited to information collected in the course of providing support or monitoring related to an individual’s use of the Products and Services, such as photographs taken by healthcare providers during in-person training, follow-up or support visits.

3. Other

• Information Collected by our Websites and Portal. Our websites may collect information, including browser type, operating system, IP address (a number that is automatically assigned to a computer when a user uses the internet, which may vary from session to session), domain name, and/or a date/time stamp for each visit. We may also gather certain information automatically and store it in log files. This information includes IP addresses, browser type, internet service provider, referring/exit pages, operating system, date/time stamp and clickstream data.
• We may also use cookies to collect information. “Cookies” are small pieces of information that a website sends to your computer’s hard drive while you are viewing the website. We may use both session Cookies (which expire once a web browser is closed) and persistent Cookies (which stay on a computer until deleted). This type of information is collected to make certain functions and features more useful and to tailor the experience for you.
• Information Collected from Healthcare Providers. We may receive Personal Data relating to Patients from their healthcare providers or healthcare plans. We may add this information to the information we have already collected about a patient.

A. General.

We may disclose a patient’s Personal Data and/or Health Data to his or her healthcare provider(s) and/or healthcare plan(s), including without limitation, patient biometric data and the frequency of a patient’s recorded use of the SmartMat™ or other applicable Product and/or Service.

We may use a patient’s Personal Data in order to:

• provide the Products and Services to you;
• measure, monitor, evaluate, repair and improve the efficacy of our Products and/or Services;
• send administrative email or other notifications (including by phone), such as connectivity issues, security advisories, or support and maintenance advisories;
• facilitate home visits, including support, training visits or follow-up visits;
• communicate instructions and other information as authorized by a healthcare provider to a Patient;
• facilitate calls and appointments between healthcare providers and Patients; and
• send newsletters, surveys, offers and other promotional materials related to our Products and Services and/or for other marketing purposes of Podimetrics.

If you do not want us to use your Personal Data in this way, please follow the “unsubscribe” instructions in any email communication from us.

b. Creation of Anonymous Data.

We may collect or create Anonymous Data records from Personal Data and Health Data by excluding information that makes the data personally identifiable, or we may de-identify or aggregate Personal Data and Health Data. We analyze these types of data so that we may enhance existing, or develop new, Products and/ or Services, and we reserve the right to use these types of data for any purpose and to disclose such data to third parties, such as healthcare providers, healthcare plans, or vendors or business partners that help us support the Products and/or Services in our sole discretion, unless expressly prohibited by applicable laws or regulations.

We may disclose Personal Data and Health Data as described below and as described elsewhere in this Privacy Policy. We do not sell Personal Data or Health

Data for monetary or other valuable consideration.

a. Disclosures to Healthcare Providers and Healthcare Plans. Health Data that is collected from a Product or Service will be shared with that patient’s healthcare provider, healthcare plan and/or healthcare team for healthcare purposes, including communicating with the patient about the patient’s use of the Products and/ or Services and the results and analysis obtained in connection therewith.

b. Disclosures to Caregivers or Legal Representatives. We may share data with your caregiver if you consent to such sharing or with your legal representative upon our verification of their authority to communicate on your behalf.

c. Disclosures to Vendors Working for Podimetrics. We may share Personal Data and Health Data, as applicable, with service providers, including without limitation third-party vendors or business partners that help us provide the Products and/or Services to you. These include vendors that provide us data processing, hosting, disaster recovery, telecommunication or other services, including marketing, to help us connect with you, for example to educate you on the benefits of the SmartMat TM, Services and Related Materials. Podimetrics may use generative artificial intelligence, including Open AI, services in connection with your Personal Data and Health Data. These service providers are not permitted to use Personal Data or Patient Data other than to provide the services requested by Podimetrics. We will only share Personal Data or Patient Data with service providers to the extent reasonably necessary for them to provide the services requested by Podimetrics.

d. Disclosures to Affiliates. We may share Personal Data and Health Data with our parents, affiliates, subsidiaries or other companies under a common control (collectively, “Affiliates”), in which case we will require our Affiliates to honor this Privacy Policy.

e. Disclosures in the Event of Corporate Restructuring. We may share Personal Data and Health Data in connection with or during negotiation of any merger, financing, acquisition or dissolution, transaction or proceeding involving sale, transfer, divestiture or disclosure of all or a portion of our business or assets. In the event of an insolvency, bankruptcy or receivership, Personal Data may also be transferred as a business asset. If another company acquires our company, business or assets, that company will possess the Personal Data and Health Data collected by us and will assume the rights and obligations regarding Personal

Data and Patient Data as described in this Privacy Policy and required by applicable laws and regulations.

f. Other Disclosures. Podimetrics may disclose Personal Data and Patient Data if it believes in good faith that such disclosure is necessary (a) in connection with any legal investigation; (b) to comply with relevant laws or to respond to subpoenas or warrants served on Podimetrics; (c) to protect or defend the rights or property of Podimetrics, its Affiliates and/or its or their partners, customers or users; and/or (d) to investigate or assist in preventing any violation or potential violation of the law, this Privacy Policy or our Terms of Use.

Our website may contain links to third-party websites. When you click on a link to any other website or location, you will leave our website and go to another site and another entity may collect Personal Data or Anonymous Data from you. We have no control over, do not review and cannot be responsible for, these outside websites or their content. Please be aware that the terms of this Privacy Policy do not apply to these outside websites or content, or to any collection of your Personal Data after you click on links to such outside websites. We encourage you to read the privacy policies of every website you visit. The links to third-party websites or locations are for your convenience and do not signify our endorsement of such third parties or their products, content or websites.

You have several choices regarding use of information in connection with the Products and Services:

a. Email Communications. We may periodically send free newsletters and emails that directly promote the use of our Products and/or Services. When you receive newsletters or promotional communications from us, you may indicate a preference to stop receiving further communications from us and you will have the opportunity to “opt out” by following the unsubscribe instructions provided in the email you receive or by contacting us directly (please see contact information above). Despite your indicated email preferences, we may send you service-related communications, including notices of any updates to our Terms of Use or

Privacy Policy.

b. Cookies. If you decide at any time that you no longer wish to accept cookies from our applicable Products and/or Services for any of the purposes described above, then you can instruct your browser, by changing its settings, to stop accepting cookies or to prompt you before accepting a cookie from the websites you visit. Consult your browser’s technical information. If you do not accept cookies, however, you may not be able to use all portions, functions or features of certain Products and/or Services. If you have any questions about how to disable or modify cookies, please let us know at the contact information provided above.

c. Do Not Track. Some internet browsers may be configured to send a “Do Not Track” signal to websites that you visit. We currently do not respond to “Do Not Track” or similar signals. To find out more about “Do Not Track,” please visit http://www.allaboutdnt.com.

Podimetrics is committed to protecting the security of Personal Data and Patient Data. We use a variety of industry-standard security technologies and procedures to help protect Personal Data and Patient Data from unauthorized access, use or disclosure. Your data is stored, disclosed and used in compliance Health Insurance Portability and Accountability Act of 1996 (“HIPAA”), as required. No method of transmission or method of electronic storage is 100% secure, however. Therefore, while Podimetrics uses reasonable efforts to protect Personal Data and Patient Data, Podimetrics cannot guarantee its absolute security.

We do not intentionally gather Personal Data or Patient Data from individuals who are under the age of 13. If a child under 13 submits Personal Data or Patient Data to Podimetrics and we learn that the Personal Data or Patient Data is the information of a child under 13, we will attempt to delete the information as soon as possible. If you believe that we might have any Personal Data or Patient Data from a child under 13, please contact us at info@podimetrics.com.

This Privacy Policy is subject to occasional revision, and if we make any material changes in the way we use your Personal Data or Patient Data, we will notify you, such as by prominently posting notice of the changes on our website.  These changes will be effective on the effective date of the revised Privacy Policy. If you do not wish to permit changes in our use of your Personal Data or Patient Data, you must notify us that you wish to deactivate your account with us. Continued use of our Products and/or Services, following notice of such changes, shall indicate your acknowledgment of such changes and agreement to be bound by such changes.

End Privacy Policy

Revision History

• November 1, 2021
• December 31, 2019
• May 1, 2018
• August 28, 2017
• May 6, 2016