Privacy Policy

PLEASE REVIEW THIS PRIVACY POLICY CAREFULLY.

About Companion Medical.

This Privacy Policy (“Privacy Policy”) is published by Companion Medical, Inc., a Delaware corporation (“We” or “Companion Medical”). Companion Medical produces certain medical products (“InPen”) for use by individuals who have diabetes (“Users”) and other products and services (collectively, “Companion Medical Products and Services”). The InPen includes smart technology which tracks insulin dosage information and transmits it to software or mobile applications (“Software Apps”) on smartphones, tablets, computer, mobile phone or other devices obtained and operated by Users and Designated Recipients (as defined below) (“Mobile Devices”). We provide the data services which provide and permit the access, collection, storage, processing, analysis and/or transmission of data generated by a Device or Software App (“Data Services”).

Users may choose to register their health care providers, family members or other individuals involved in their care or support (“Designated Recipients”) to receive their information using the Data Services and Software Apps. Users and Designated Recipients may then use the Data Services and Software Apps to share and review this information.

Our Services include a website located at companionmedical.com (Our “Website”), including subpages or microsites of the Company which are connected to the Website. Among the Services offered through the Website are User and Designated Recipient accounts to provide access to information services and educational and informational content and to communicate with Users and Designated Recipients (“Accounts”). Our Website Services may also provide information services and educational and informational content for interested individuals who are not Users or Designated Recipients (“Consumers”), including forms or other methods for Consumers to communicate with Companion Medical.

 

Why Did We Publish this Privacy Policy?

We published this Privacy Policy to give notice to Users, Designated Recipients and Consumers how We use, disclose and protect Information, as defined below.

While the InPen is used to support Users’ health care, Companion Medical is not a “Covered Entity” or “Business Associate” as defined under the Health Insurance Portability and Accountability Act of 1996 (“HIPAA”), the Health Information Technology for Economic and Clinical Health Act of 2009 and the HIPAA Administrative Simplification Rules, 45 CFR Parts 160, 162 and 164.

Companion Medical Products and Accounts are not made available outside the United States.

 

What Types of Information Does this Privacy Policy Cover?

This information covered by this Privacy Policy includes the following types of Information:

  • InPen Data. InPen Data is data about insulin doses dispensed by an InPen, including amounts, date and time of each injection, as well as information and analyses derived from such data. This data is associated with InPen Metadata.
  • InPen Metadata. When the information from an InPen is transmitted to a Mobile Device using the Data Services, it becomes associated with information about the Mobile Device, the Data Services it utilizes, the Software Apps in which it is received and stored, and the individual who owns the Mobile Device. This is InPen Metadata.
  • Contact Information. Contact Information is information used to contact Users, Designated Recipients and Consumers. It may include name, address, telephone number, email or other contact information, and information regarding User health care providers or health insurance if applicable.
  • Use Information. Use Information includes (i) InPen Metadata, (ii) other information We receive from the use of Companion Medical Products and Services, Software Apps and Data Services regarding their use, which may include IP address and other information regarding the Mobile Device or computer used, the internet service used, the browser used, and (iii) activities engaged in while using Companion Medical Products and Services, Software Apps, Data Services, an Account or the Website, such as how often Software Apps are opened, settings and pages viewed; and (iii) information Companion Medical may receive from advertisers and other third parties when a User, Designated Recipient or Consumer clicks on advertisements or links to third party websites while using Companion Medical Products and Services, Software Apps, Data Services, an Account or the Website, including the pages visited, activity on those pages, and purchases or other transactions with those third parties.
  • Feedback Information. Feedback Information means information a User, Designated Recipient or Consumer submits to Companion Medical in connection with the use of Companion Medical Products and Services, Software Apps, Data Services, an Account or the Website, or other matters relating to Us or our business, including the metadata relating to that information.
  • Derived Information. Derived Information means information that we create by combining and/or analyzing some or all of the Information of a User, Designated Recipient or Consumer, including but not limited to information from which all information which could reasonably identify or be used to identify an individual has been removed.

The above types of information may be applicable to different categories of individuals as follows:

  • Use Information may include InPen Data, InPen Metadata, Contact Information, Use Information, Feedback Information, and Derived Information.
  • Designated Recipient Information may include InPen Metadata, Contact Information, Use Information, Feedback Information, and Derived Information.
  • Consumer Information may include Contact Information, Use Information, Feedback Information, and Derived Information.

In this Privacy Policy, we will use the term “Information” to refer to Use Information, Designated Recipient Information, and Consumer Information.

 

Links to Third Party Sites.

Companion Medical Products and Services may contain links to third-party websites, applications or other items. We assume no responsibility for the information practices of those websites, applications or other items, and the inclusion of a link does not imply our endorsement of the linked site or service. In addition, this Privacy Policy does not apply to the privacy, information, or other practices of any third parties, including any third party operating any site or service to which Companion Medical Products or Services link or any third-party provider of an app, social media platform, operating system, wireless service or device. We encourage you to review each third party’s privacy policy before disclosing any personal information to any third party or using its products or services.

 

How Does Companion Medical Use Cookies and Other Information Gathering Technologies?

Cookies. User, Designated Recipient and Consumer Information may include information recorded by use of cookies or similar technologies (“cookies”).

Below is a description of how we use cookies and other similar technologies in connection with Companion Medical Products and Services:

  • Cookies. Cookies are pieces of information stored directly on the computer that you are using. Cookies allow us to collect information such as browser type, time spent on the Website or using Companion Medical Products and services, pages visited, language preferences, and other anonymous traffic data. We and our service providers use the information for security purposes, to facilitate navigation, to display information more effectively, and to personalize Your experience while using Companion Medical Products and Services. We also use cookies to gather statistical information about use of the Companion Medical Products and Services in order to continually improve their design and functionality, to understand how they are used, and to assist us with resolving questions regarding them. Cookies further allow Us to select which of our advertisements or offers are most likely to appeal to You and display them while You use Companion Medical Products and Services.
  • If You do not want information collected through the use of cookies, there is a simple procedure in most browsers that allows you to automatically decline cookies or be given the choice of declining or accepting the transfer to your computer of a particular cookie (or cookies) from a particular site. You may also wish to click here for more information. If, however, You do not accept these cookies, You may experience some inconvenience in your use of Companion Medical Products and Services. For example, We may not be able to recognize Your computer, and You may need to log in every time You visit. Companion Medical Products and Services do not currently have the ability to recognize or honor browser do-not-track signals.

 

Analytics. We may use third-party analytics, including but not limited to Google Analytics, in connection with Companion Medical Products and Services. Such third-party services may use cookies and similar technologies to collect and analyze information about use of the Products and Services and to report on activities and trends. Such services may also collect information regarding the use of other websites, apps and online services. For more information regarding Google Analytics, please click here. You can download the Google Analytics opt-out browser add-on by clicking here.

Pixel Tags and Similar Technologies. Pixel tags (also known as web beacons and clear GIFs) may be used in connection with some Companion Medical Products and Services to, among other things, track the actions of users (including email recipients), measure the success of our marketing campaigns, and compile statistics about use and response rates.

Adobe Flash technology and Similar Technologies. We may use Flash Local Shared Objects (“Flash LSOs”) and other similar technologies to, among other things, collect and store information about your use of Companion Medical Products and Services. If you do not want Flash LSOs stored on your computer, you can adjust the settings of your Flash player to block Flash LSO storage using the tools contained in the Website Storage Settings Panel. You can also control Flash LSOs by going to the Global Storage Settings Panel and following the instructions (which may include instructions that explain, for example, how to delete existing Flash LSOs (referred to “information” on the Macromedia site), how to prevent Flash LSOs from being placed on your computer without your being asked, and (for Flash Player 8 and later) how to block Flash LSOs that are not being delivered by the operator of the page you are on at the time). Please note that setting the Flash Player to restrict or limit acceptance of Flash LSOs may reduce or impede the functionality of some Flash applications.

Interest Based Advertising. We may use third-party advertising companies to serve advertisements regarding goods and services that may be of interest to you when You access and use Companion Medical Products and Services and other websites or online services, based on information relating to Your access to and use of Companion Medical Products and Services and other websites and services. To do so, these companies may place or recognize a unique cookie on your browser (including through use of pixel tags). If you would like more information about this practice and to learn about your choices in connection with it, please visit the Network Advertising Initiative opt out site and the Digital Advertising Alliance Self-Regulatory Program.

Do Not Track Disclosure. In accordance with the Do-Not-Track amendments to the California Online Privacy Protection Act, we inform you that we do not currently respond to “do not track” signals or similar messages from your browser.

 

How Do We Use and Disclose Information?

The purposes for which We may use and disclose Information depends upon the type of information.

InPen Data. Companion Medical does not use or disclose InPen Data except as permitted or required by applicable law. The use and disclosure of InPen Data is controlled by the InPen User. The InPen User is responsible for controlling physical and technical access to the User’s InPen and Mobile Device, and authorizing Designated Recipients who can receive InPen Information. Users may also use and disclose InPen Data for other purposes if they choose or are required to by law. By implementing the transmission of InPen Data to a Designated Recipient, the User initiates a disclosure of that information to the Designated Recipient, and authorizes Us to implement the Data Services to execute that disclosure. Once a Designated Recipient receives InPen Data, use or further disclosure by the Designated Recipient is not subject to monitoring or control by Companion Medical. Designated Recipients may use or disclose InPen Data as they choose or if required by law, subject to applicable law if they are regulated entities such as health care providers, and to agreement with the User.

User and Designated Recipient Information.  We may use or disclose User and Designated Recipient Information as follows:

  • We may use or disclose InPen Metadata, Contact Information and Use Information to administer Your Account, for purposes of Companion Medical’s management and administration, and to fulfill Companion Medical’s legal responsibilities.
  • We may use or disclose Your InPen Metadata, Contact Information and Use Information to identify and provide You with educational information, services, activities or classes related to Companion Medical Products and Services, diabetes care alternatives and related issues, and to create Derived Information.
  • We may use or disclose Your InPen Metadata and Use Information for purposes of research and analysis, and to assess or improve Companion Medical’s Products and Services and the efficiency and effectiveness of their administration and distribution.
  • We will not disclose Your InPen Metadata, Contact Information or Use Information for third-party marketing purposes without Your consent.
  • We will not knowingly disclose Your Information to Your employer, health insurance company or health plan, health care provider or family member, or other third party without Your consent, except as permitted by this Privacy Policy.
  • We may use or disclose Your Feedback Information or Derived Information as described below.
  • We will disclose Your Information as We are required to do by applicable law, including laws outside your country of residence, and may disclose Information when requested by law enforcement authorities or regulatory agencies, court orders or subpoenas, including public and government authorities outside your country of residence, or when we determine that such disclosure is appropriate under the circumstances; in each case in accordance with applicable data protection laws. We may use and disclose Information to protect our rights, privacy, safety, or property, and/or that of our affiliates, you or others; to protect our operations or those of any of our affiliates; to enforce this Privacy Policy; and to allow us to pursue available remedies or limit the damages that we may sustain; in each case in accordance with applicable data protection laws.

 

Consumer Information.  We may use or disclose Consumer Information as follows:

  • We may use or disclose Your Consumer Information for purposes of Companion Medical’s management and administration, and to fulfill Companion Medical’s legal responsibilities.
  • We may use or disclose Your Consumer Information to identify and provide educational information, services, activities or classes related to Companion Medical Products and Services, diabetes care alternatives and related issues, and to create Derived Information.
  • We may use or disclose Your Consumer Information for purposes of research and analysis, and to assess or improve Companion Medical’s Products and Services, and the efficiency and effectiveness of their administration and distribution.
  • We will not knowingly disclose Your Information to Your employer, health insurance company or health plan, health care provider or family member, or other third party, except as permitted by this Privacy Policy.
  • We may use or disclose Your Feedback Information or Derived Information as described below.

 

Feedback Information. You are not required to give us any Feedback Information, but if You choose to do so, You are providing it to us for Our use as We determine, so long as We do not identify You or include any information that could reasonably be used to identify You. Feedback Information may be used by Us and provided by Us to our customers and third parties, in the form You provide as well as in excerpted, aggregated and anonymized forms, without attribution to You as the source. We may also use Feedback Information in Our advertising, marketing and other communications with the public and in our business relationships, as well as in Our internal communications, in each case without attribution to You as the source. In addition, We may identify you as the source of Feedback Information to the extent You consent to that identification.

Derived Information and Solicitations. We may use Derived Information to determine information, including emails and notices regarding opportunities relating to Companion Medical Products and Services (We refer to these emails and notices as “Solicitations”), to be sent to You, the public or to targeted groups, for Our business purposes in accordance with the applicable provisions of this Privacy Policy. As permitted by applicable law, We may use Your Information to determine which emails and notices We send to You, including Solicitations. As permitted by applicable law, We may share your email address or other Contact Information with third party service providers acting on Our behalf with which We contract for the purpose of providing You with Solicitations We think may be of interest to You.

Services Providers and Transactions. In the ordinary course of our business, We will use providers and vendors to perform services or functions on Our behalf. We will not authorize those third parties to keep, use or disclose your Information except for the purposes for which We make such information available to them. We may provide your Information to another company in conjunction with a corporate sale, merger, acquisition or dissolution involving Companion Medical.

Cross-Border Transfer. Your Information may be stored and processed in any country where We have facilities or in which We engage service providers. By using the Companion Medical Products and Services, You consent to the transfer of information to countries outside of your country of residence, including the United States, which may have different data protection rules than those of Your country.

Other Use and Disclosures. We may use or disclose Your Information for purposes other than those permitted in this Privacy Policy but only if You consent to such use.

 

How Long Will Companion Medical Retain Information?

We will retain your Information for the period necessary to fulfill the purposes for which We obtained it and will destroy all such information within a reasonable period of time after that purpose has ended unless it is not feasible to do so. It may not be feasible to destroy Information at that time if a different retention period is required by law, for potential use in regulatory or other legal proceedings, or for purposes of prudent risk management. If Information is retained because its destruction is not feasible, it will be destroyed within a reasonable period of time after the condition which caused it to be

 

What Are Companion Medical’s Obligations to Maintain the Privacy of Information?

We are required to comply with the terms of this Privacy Policy, as well as U.S. Federal Trade Commission (“FTC”) requirements as implemented through this Privacy Policy. We have provided this Privacy Policy as Our notice of these obligations to protect the privacy of Information. We are required to comply with this Privacy Policy as long as it is in effect.

 

What Are Companion Medical’s Obligations to Maintain the Security of Information?

Companion Medical uses commercially reasonable standards of technology and operational security to protect Information within our organization. Personal Information transmitted through Companion Medical Products and Services is transmitted in encrypted form. Unfortunately, no data transmission or storage system can be guaranteed to be 100% secure. If you feel that your interaction with us is no longer secure, please immediately notify us in accordance with the “Contact Us” section, below.

 

Phishing.

We do not and will not, at any time, request Contact Information in a non-secure or unsolicited email or telephone communication. Identity theft and the practice currently known as “phishing” are of great concern to Us. Safeguarding information to help protect you from identity theft is a priority for Us. For more information about phishing, visit the FTC website.

 

What Are a User’s Responsibilities?

As a User, You are responsible for:

  • Providing complete and accurate Contact Information, and keeping it current.
  • Maintaining Your InPen, Software Apps and Mobile Device in good working condition.
  • Keeping Your InPen and Mobile Device physically secure from access by any individual You do not wish to have potential access to Your InPen Data.
  • Keeping Your InPen and Mobile Device technically secure by maintaining a robust password or other authentication token, which You do not share with anyone else.
  • Notifying Us immediately if Your password or other authentication token has been obtained by someone else or Your InPen or Mobile Device has been stolen or lost.
  • Notifying Us of any individual You wish to be one of Your Designated Recipients, and providing Us with accurate and complete contact information for him or her.
  • Notifying Us when You wish to terminate a Designated Recipient’s status.
  • Maintaining the administrative, physical and technical security of any Mobile Device or computer You use to access Your Account.

 

What Are a Designated Recipient’s Responsibilities?

As a User, You are responsible for:

  • Providing complete and accurate Contact Information, and keeping it current.
  • Maintaining Your Software Apps and Mobile Device in good working condition.
  • Keeping Your Mobile Device physically secure from access by any individual Your User does not wish to have potential access to Your User’s InPen Data.
  • Keeping Your Mobile Device technically secure by maintaining a robust password or other authentication token, which You do not share with anyone else.
  • Notifying Us immediately if Your password or other authentication token has been obtained by someone else or Your Mobile Device has been stolen or lost.
  • Disclosing or sharing InPen Data only as authorized by Your User.
  • Maintaining the administrative, physical and technical security of any Mobile Device or computer You use to access Your Account.

 

Can Companion Medical Change the Terms of this Privacy Policy?

We do reserve the right to change and update this Privacy Policy or publish a new notice as appropriate to address legal matters, User preferences, changes in technology, changes to Companion Medical Products and Services or the Website, or other matters affecting Our privacy practices. If We do change this Privacy Policy We will post a notice of the amendment on the home page of the Website, with a link to the amended Privacy Policy. Any change in provisions may be applied to Personally Identifiable Information We obtained before the effective date of the change.

 

Is There a Governmental Agency I Can File a Complaint with If I Believe Companion Medical May Have Violated My Privacy Rights?

You may file a complaint with the FTC, and may also be able to file a complaint with the Attorney General of the State of California, where Companion Medical is located. You may also be able to file a complaint with the Attorney General of the state in which You reside.

 

Who Should I Contact to Get More Information About Companion Medical’s Privacy Practices or Submit a Complaint?

If You would like more information about Our privacy practices or would like to submit a complaint about them please contact Our Privacy Officer. Our Privacy Officer may be contacted using Our contact information provided below.

 

How Are Disputes About Issues Under This Privacy Policy Resolved?

Any legal dispute about issues covered by this Privacy Policy will be resolved by binding arbitration by the Better Business Bureau.

 

When Does This Privacy Policy Apply?

This Privacy Policy is effective as of September 11, 2020, and replaces any prior privacy notices, statements or policies We may have published. It will remain in effect until it is replaced by a new or updated Privacy Policy published by Companion Medical. We do reserve the right to update this Privacy Policy or publish a new notice as appropriate to address legal matters, User preferences, changes in technology, and changes to Our services.

 

Changes

We may change this Privacy Policy by posting a new version of the Privacy Policy. When we update this Privacy Policy, we will update the legend at the top of this page to indicate the date that this Privacy Policy was last updated. To the maximum extent permitted by applicable law, any changes will become effective when we post the updated Privacy Policy on our Website, and your use of Companion Medical Products and Services following these changes means that you accept the updated Privacy Policy. If You do not agree with any change, You may terminate your Account (if applicable) and may choose not to submit any further Information. Where applicable law requires Your consent to a specific change in this Privacy Policy that You have previously consented to, such change will not be applicable to You until You provide Your consent.

 

Contact Our Privacy Officer

If you have any questions about this Privacy Policy or wish to “opt-out” of Solicitations, please write to us (and include your email address) at the following address:

Companion Medical, Inc.
ATTN.: Privacy Concerns

12230 World Trade Drive, Suite 100
San Diego, CA 92128