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California Privacy Notice

NOTICE AT COLLECTION FOR CALIFORNIA RESIDENTS

If you are a California resident, this information applies to you. The California Consumer Privacy Act, as amended by the California Privacy Rights Act (collectively, the “CCPA”) requires that Tactile Medical notify you at or before we obtain personal information, “notice at collection.” This notice provides details regarding the types of personal information Tactile Medical collects, and how we use that information, when an individual accesses, uses, or interacts with our website or our distributor portal (referred to collectively as the “Site”).

Categories of personal information about consumers to be collected:

  • Identifiers and personal information, such as: unique personal identifier, online identifier, IP address; if you fill out a “Contact Us” form or similar, a real name, alias, postal address, email address, phone number; if you use the website to log into our distributor portal, your username and password.
  • Internet activity, such as unique personal identifier, browsing history, search history, information on a consumer’s interaction with a website, distributor portal, or advertisement, including page views and clicking tendencies.
  • No sensitive personal information about consumers is to be collected. None of the information described here is sold or shared (as those terms are defined by the CCPA).

The business purposes for which the above categories of personal information are collected and used:

  • Providing and optimizing your experience on our Site and ensuring that our content is presented to you in the most effective manner.
  • Communicating with you and responding to your inquiries about our services and products, including to provide you with promotional and informational communications regarding our services and products, informing you about new products, updating you about changes to our products, and investigating any concerns you have about our products or your interactions with us.
  • Fulfilling transactions with your company.
  • Engaging in analytics regarding use of our Site by users for the purposes of marketing to current or potential customers.
  • Developing, updating, and improving our products, customer service, customer experience, and marketing efforts, and otherwise improving our knowledge and insights regarding users of our Site.
  • To help maintain the safety, security, and integrity of our Site.
  • Preventing and detecting fraud, hacking activities, security breaches, and other unlawful activities in connection with our Site.
  • Enforcing our agreements and complying with our legal or regulatory obligations.

The criteria used by Tactile Medical to determine the period of time such personal information will be retained: Tactile Medical will retain the personal information it collects and uses so long as it has a legitimate business need to do so, or as required by law (e.g., for tax, legal, accounting, or other purposes), whichever is the longer.
To learn more about our online and offline practices in connection with the collection, processing, and disclosure of personal information relating to California residents, continue to read our Privacy Notice below.

PRIVACY NOTICE FOR CALIFORNIA RESIDENTS

This Privacy Notice for California Residents (“Notice”) supplements the information in our general Online Privacy Policy located at tactilemedical.com/online-privacy-policy/ and applies solely to California residents (or “consumers” as defined by the CCPA). This Notice describes our online and offline practices with respect to the collection, processing, and disclosure of personal information relating to California residents. This Notice is limited to our activities when we are acting as a “business,” as defined by the CCPA.

Note, the CCPA does not apply to Tactile Medical when it is acting as a covered entity under the Health Insurance Portability and Accountability Act of 1996 (“HIPAA”) or otherwise collecting protected health information regulated by HIPAA. Thus, if you are a patient, please review our HIPAA Notice of Privacy Practices located at https://tactilemedical.com/privacy-statement/ to learn more about how Tactile Medical collects and uses protected health information and your rights with respect to such information.

Information We Collect and Disclose

As defined by the CCPA, “personal information” includes any information that identifies, relates to, describes, references, is reasonably capable of being associated with, or could reasonably be linked, directly or indirectly, with a particular consumer or household. Personal information does not include information certain regulated information, de-identified information, or public information.

In the past 12 months, Tactile Medical has collected the following categories of personal information from consumers and disclosed such information to the following categories of third parties for the business or commercial purposes described below.

Category of Personal Information: Identifiers – A real name, alias, postal address, unique personal identifier, online identifier, Internet Protocol address, email address, account username and password, or other similar identifiers.

  • Categories of Third Parties to Whom Disclosed: IT and cloud/hosting service providers, such as our email providers, business application providers, managed services providers, and IT consultants; Online analytics and marketing/advertising service providers; Financial institutions and payment processors; Professional advisors (accountants, lawyers, and auditors)

Category of Personal Information: Commercial Information – Records of products purchased, obtained, or considered by your organization, or other purchase histories, customer services inquiries, requests, and communications.

  • Categories of Third Parties to Whom Disclosed: IT and cloud/hosting service providers, such as our email providers, business application providers, managed services providers, and IT consultants; Online analytics and marketing/advertising service providers; Financial institutions and payment processors; Professional advisors (accountants, lawyers, and auditors)

Category of Personal Information: Internet or other similar network activity – Browsing history, search history, information on a consumer’s interaction with a website, information on a consumer’s interaction with any Tactile Medical portal.

  • Categories of Third Parties to Whom Disclosed: IT and cloud/hosting service providers, such as our email providers, business application providers, managed services providers, and IT consultants; Online analytics and marketing/advertising service providers.

Category of Personal Information: Personal information types listed in the California Customer Records statute (Cal. Civ. Code § 1798.80(e)) – A name, signature, address, telephone number, or employment information. Some personal information included in this category may overlap with other categories.

  • Categories of Third Parties to Whom Disclosed: IT and cloud/hosting service providers, such as our email providers, business application providers, managed services providers, and IT consultants; Online analytics and marketing/advertising service providers; Professional advisors (accountants, lawyers, and auditors)

Category of Personal Information: Sensory Data – Voicemail or similar audio recordings.

  • Categories of Third Parties to Whom Disclosed: IT and cloud/hosting service providers, such as our email providers, business application providers, managed services providers, and IT consultants

From time to time, Tactile Medical may be required to disclose your information to governmental authorities for the purpose of complying with applicable laws and regulations or in response to legal process. We may also disclose your personal information to third parties in connection with the sale of our business or assets, or any merger or similar corporate matter, when your personal information is part of the assets involved in such transaction. Finally, we may “aggregate” or “deidentify” information from you pursuant to the CCPA, in which event the information is no longer “personal information.”

Applicable Retention Periods

For each category of personal information identified above, we will retain your personal information only for as long as necessary to fulfill your requests or the purposes for which it was obtained, as set forth in this Notice. The criteria used to determine our retention periods include (i) to fulfill the purpose for which the information was collected, (ii) for as long as we have an ongoing relationship with you, and (iii) as required by a legal obligation to which we are subject.

Categories of Sources of Personal Information

Tactile Medical collects these categories of personal information from the following categories of sources:

  • Direct collection: We collect information directly from you when you choose to provide it to us by filling out forms on our Site, engaging in transactions with us, signing up to receive promotional or information communications from us, communicating with us about our products, engaging with us at trade shows, or otherwise directly providing the information to us.
  • Indirect and technology-based collection: We also collect certain information from you automatically when you visit, use, or navigate our Site. Tactile Medical collects certain identifiers (such as IP addresses) and internet and similar network activity (such as Site usage data) from you indirectly using cookie, pixels, and passive tracking technologies, as described in our Site privacy policy.
  • Collection via social media: We may collect personal information about social media users, including basic user profile information (such as username), user-generated content (such as posts, comments, pages, profiles, or feeds) and associated metadata (such as time and location of a post or comment); contact details (such as name, email address, telephone number, if made public by the user); and additional individual information published by the user (such as employer, profession, age, location, education information, habits, etc.). The type and scope of personal data obtained from social media platforms depends on the type of APIs and permissions set out by the respective platforms and the administrative permissions granted by customers, where applicable.
  • Third-party collection: From time-to-time, we may obtain marketing or lead lists from third party vendors. We use these, for example, to send you marketing communications.

    Business or Commercial Purposes for Collecting and Disclosing Personal Information

    We collect and disclose the personal information described above for the following business or commercial purposes (as well as any other purposes as set forth in our Online Privacy Policy).

  • Providing and optimizing your experience on our Site and ensuring that our content is presented to you in the most effective manner, including within the Tactile Medical portal.
  • Providing you with our products, including access to our clinician dashboards, and distributor portals, as well as any reasonable customer support services.
  • Fulfilling transactions with your organization, processing your payments, and managing the transaction process.
  • Communicating with you and responding to your inquiries about our products, including to provide you with promotional and informational communications, informing you about new products, updating you about changes to our Site, and investigating any concerns you have about our products or your transactions.
  • Developing, updating, and improving our products, customer service, customer experience, and marketing efforts, and otherwise improving our knowledge and insights regarding potential partners and distributors.
  • Preventing and detecting fraud, financial crime, hacking activities, security breaches, and other unlawful activities in connection with the Site or purchase and use of our products.
  • Enforcing our agreements with customers and complying with our legal or regulatory obligations.
  • Performing other functions as otherwise described to you at the time of collection or to which you otherwise consent.

Sensitive Personal Information

Tactile Medical does not use or disclose “sensitive personal information” (as defined by the CCPA) for the purposes of inferring characteristics about California consumers. Accordingly, Tactile Medical treats any such information as “personal information” consistent with applicable provisions of the CCPA.

Sale or Sharing of Personal Information

In the past 12 months, Tactile Medical has not “sold” or “shared” any categories of personal information, as those terms are defined by the CCPA. Tactile Medical does not have actual knowledge that it sells or shares the personal information of consumers under 16 years of age.

Your Rights Under the CCPA

Subject to exceptions, the CCPA provides California residents with the rights discussed below. For convenience, and as required by the CCPA, we explain how you can exercise those rights, to the extent they are applicable.

1. Right to Know. You have the right to request that we provide you certain information about our collection and use of your personal information during the past twelve (12) months (or longer, as permitted by the CCPA). Specifically, you may request that we disclose (in whole or part):

  • The categories of personal information we collected about you;
  • The categories of sources for the personal information we collected about you;
  • The business and commercial purposes for collecting (or selling or sharing, if applicable) your personal information;
  • The categories of third parties to whom we disclose (or sell or share, if applicable) your personal information;
  • The specific pieces of personal information we collected about you;
  • If we disclosed your personal information for a business purpose, the categories of personal information received by each category of third party; and
  • If applicable, the categories of personal information that we sold, and for each category, the categories of third parties whom such information was sold.

As noted above, you have the right to request that we provide copies of the specific pieces of personal information we collected about you. If a verifiable consumer request is made, and subject to any exceptions or limitations under the CCPA, we will take steps to deliver the personal information to you either by mail or electronically. If we provide the information to you electronically, it will be in a portable and readily useable format, to the extent technically feasible. Consistent with the CCPA and our interest in the security of your personal information, we will describe but may not provide copies of certain personal information we may receive from you (e.g., driver’s license number, other government-issued identification number, financial account number, health or medical identification number, account password, or security questions or answers) in response to a CCPA request, to the extent any of those items are in our possession.

2. Right to Request Deletion. You have the right to request that we delete personal information we collected from you, subject to any exceptions or limitations under the CCPA.

3. Right to Correct Inaccurate Information. If we maintain inaccurate personal information about you, you have the right to request that we correct that inaccurate personal information, taking into account the nature of the personal information and the purposes of the processing of the personal information.

Consumers in California also have the right to opt-out of (a) the sale of personal information, or (b) the sharing of their personal information for the purposes of cross-context behavioral advertising (as defined in the CCPA). California consumers also have the right to limit the use or disclosure of sensitive personal information by the business if such information is used or disclosed for certain purposes, as required by the CCPA. Because Tactile Medical does not engage in any of the foregoing activities, these rights are not available.

SUBMITTING A REQUEST

If you are a California resident and you want to submit a request to Tactile Medical regarding your rights under the California Consumer Privacy Act, you or your authorized agent can call our privacy line at 1.833.382.2845 ext. 55211 or visit us at https://tactilemedical.com/patients/patient-contact-us/ to request someone in the Compliance Department contact you regarding a privacy concern. You do not need to create an account to submit a request with us.

Your request must include your name, email address, mailing address, phone number, the nature of your inquiry and the context in which we may have received your information. If you are an agent submitting a request on behalf of a consumer, we may request that you submit a signed permission from the consumer authorizing you to make the request. In order to protect the privacy and data security of consumers, the verifiable consumer 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 of such consumer; and
  • Describe your request with sufficient detail that allows us to properly understand, evaluate, and respond to it.

As indicated above, please be aware that the CCPA provides certain limitations and exceptions to the foregoing rights, which may result in us denying or limiting our response to your request.

You may only make a verifiable consumer request to know twice within a 12-month period. We will only use personal information provided in a verifiable consumer request to verify the requestor’s identity or authority to make the request. We may also request that you provide additional information if needed to verify your identity or authority to make the request. 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 or the consumer on whose behalf you are making the request.

Response Timing and Format

The CCPA requires us to respond to a verifiable consumer request within forty-five (45) days of its receipt; however, we may extend that period by an additional 45 days. If we require more time, we will inform you of the reason and extension period in writing. We will deliver our written response via e-mail. Any disclosures we provide will only cover the 12-month period preceding the receipt of the verifiable consumer request, provided that you may request disclosure beyond the 12-month period as permitted by the CCPA. The response we provide will also explain the reasons we cannot comply with a request, if applicable. For requests to know specific pieces of information collected about you, we will select the format of our response; the format will be readily useable and should allow you to transmit the information from one entity to another. We will not charge a fee to process or respond to a 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 the request.

Our Commitment Not to Discriminate

Consistent with the CCPA, we will not discriminate against you for exercising any of your CCPA rights by:

  • Denying you goods or services.
  • Charging you different prices or rates for goods or services, including through granting discounts or other benefits, or imposing penalties.
  • Providing you a different level or quality of goods or services.
  • Suggesting 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 this Notice

We reserve the right to amend this Notice at our discretion and at any time. If there are changes to this Notice, we will post them here and update the “Last Updated” date at the top of this document. Continued use of this website after any changes is deemed to be acceptance of those changes. Please check this page periodically for updates.

Data Disclosures for Direct Marketing Purposes

California Civil Code § 1798.83 (California’s Shine the Light Act) further permits California residents to request certain information regarding our disclosure of personal information to third parties for their direct marketing purposes. If you are a California resident, you may ask us to refrain from providing your personal information to certain of our affiliates and other third parties for their marketing purposes. Please tell us your preference by contacting us at the contact information below.

Contact Information

To contact us with questions or exercise your rights under this Notice, please call the number below.
Privacy Line: 1.833.382.2845 ext 55211

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