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.

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, web- sites, 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. Certain Products and/or Services may be subject to alternative or supplemental privacy policies as and if described in accompanying documentation relating to a specific Product and/or Service. 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 e-mail 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 con- tact an individual, including, for example, name, address, telephone number, e-mail 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 Device, such as patient health related data pertaining to foot temperatures (“Patient Data”). “Anonymous Data” means data that is not associated with or linked to Personal Data; Anonymous Data does not, by it- self, permit the identification of individual persons. We collect and use Personal Data, Patient Data and Anonymous Data, as described below.

1. General.
   • We may collect Personal Data, such as first and last name, gender, phone number, e-mail and mailing addresses, and/or location.
   • If you provide us feedback or contact us via e-mail, we will collect your name and e-mail 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 pro- vide 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. Patient Data.
   • Our Products and Services will automatically collect Patient Data, including foot temperature when using a Device.
   • Patients, healthcare providers and authorized distributors of the Products and/or Services (“Distributors”) may also provide us other Patient 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 Distributors or healthcare providers during in-person training, follow-up, or support visits.
3. Other.
   • Information Collected by our Websites and Portal. Our websites and/or portals may collect information, including browser type, operating system, IP address (a number that is automatically as- signed 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 health insurance providers. We may add this information to the in- formation we have already collected about a patient.

A. General.

We may disclose a patient’s Personal Data and/or Patient Data to his or her healthcare provider(s) and/or Podimetrics-designated Distributors, 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 e-mail 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 by third parties and/or for oth- er marketing purposes of Podimetrics.

b. Creation of Anonymous Data. We may create Anonymous Data records from Personal Data and Patient Data by excluding information that makes the data personally identifiable. We analyze this Anonymous Data so that we may enhance existing, or develop new, Products and/or Services. We reserve the right to use Anonymous Data for any purpose and disclose Anonymous Data to third parties in our sole discretion, unless expressly prohibited by applicable laws or regulations.

We may disclose Personal Data and Patient Data as described below and as described elsewhere in this Privacy Policy.

a. Disclosures to Healthcare Providers. Patient Data that is collected from a Product or Service will be shared with that patient’s healthcare provider, health insurance provider, 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 Distributors. Patient Data that is collected from a Product or Service will be shared with that patient’s Podimetrics- designated Distributor for the purposes of communicating with the patient about the patient’s use of the Products and/or Services, including results and analysis obtained in connection therewith, when such communication does not rise to the level of requiring communication with the patient’s healthcare provider

c. Disclosures to Third Party Service Providers. We may share Personal Data and Patient Data, as applicable, with third party service providers, including without limitation third parties that provide us data processing, hosting, disaster recovery services, telecommunication, or support services. These third party service providers are required not to use Personal Data or Patient Data other than to pro- vide the services requested by Podimetrics. We will only share such Personal Data or Patient Data to third party service providers to the extent reasonably necessary for them to provide the services re- quested by Podimetrics.

d. Disclosures to Affiliates . We may share Personal Data and Patient 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 Patient 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 Patient 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 nec- essary (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 websites 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:

• Email Communications. We may periodically send free newsletters and e-mails 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 e-mail you receive or by contacting us directly (please see con- tact information above). Despite your indicated e-mail preferences, we may send you service related communications, including notices of any updates to our Terms of Use or Privacy Policy.
• 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 brows- er, 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.

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, dis- closed, and used in compliance Health Insurance Portability and Ac- countability Act of 1996 (“HIPAA”), as required. No method of trans- mission 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 Person- al 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 at- tempt 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 by prominently posting notice of the changes on our website. Any changes to this Privacy Policy will be effective upon thirty (30) calendar days following our posting of notice of the changes on our website. These changes will be effective immediately for new users of our Products and Services. If you do not wish to permit changes in our use of your Personal Data or Patient Data, you must notify us prior to the effective date of the changes 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 acknowledgement 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