Vave Health, Inc.
Last Updated: March 5, 2024
Thank you for visiting this website (the “Site”), owned and operated by Vave Health, Inc. (referred to in this statement as the “Company,” “we,” “our”, or “us”). We are a medical device company headquartered in California, U.S. and we develop as well as commercialize products, mobile applications and related services for users of ultrasound devices; our products and services include a series of hand-held ultrasound probes enabled via a mobile application downloadable from the internet (e.g. for iOS, Android and via the web), as well as cloud storage services, and an e-commerce platform for purposes of product purchase and subscription services (collectively the “Services”). The Company runs all of its operations in the U.S., and our website is hosted in the U.S. At present, we comply with U.S. law.

This Privacy Statement describes our practices in connection with information that we collect from you by accessing our App or Apps,   websites, visit our social media pages, receive communications from us, including emails, phone calls and texts; or register for attend/and/or otherwise take part in our events, tutorials or webinars (we collectively refer to all these activities as our “Marketing Activities” in this notice” The Services are intended for U.S. residents only.

We need to collect Personal Information to provide you Services. If you do not provide the information we require, we may not be able to provide you the Services or an optimal level of Services. If you disclose any Personal Information relating to other people in connection with provisioning and use of the Services, you represent that you have all necessary permissions to do so.

Vave does not knowingly collect Personal information from individuals under the age of 13. Use of our website to create accounts or to perform any other type of activity is not permitted by individuals under the age of 13.

The Personal Information We Collect

“Personal Information” is information that identifies you as an individual or relates to an identifiable individual. Personal Information Vave may collect through the Services includes:

• Name
• Organization or employer
• Occupation or medical specialty
• Username, password
• Email address
• Postal address
• Phone numbers
• Credit and/or debit card payment information
• Health information, including records of medical treatment or diagnosis

How We Collect Personal Information:
Personal Information is collected in several ways, including:

• Via the Services, e.g., when signing up for a newsletter, registering an account, purchasing Services, or interacting with our websites or via an App.
• Through Direct channels, e.g. from interacting at a trade show, ordering by phone, contacting customer service, or participating in a feedback survey or a study.
  
• Via Social Media Pages.

Use of the Personal Information We Collect
We and our service providers may use Personal Information for any of the following purposes:

• Registering an account
  
• Providing, improving, maintaining or repairing the Services
• Responding to inquiries and fulfilling requests.
• Verifying your identity to complete transactions or provide customer service.
• Undertaking quality and safety assurance measures.
• Conducting internal compliance audits and/or for fraud and security monitoring.
• Exchanging messages with and among users.
• Identifying usage trends; assessing effectiveness of our promotional campaigns.
• Developing new products or services.
• With permission, sending promotional materials.

Disclosures of Personal Information
In the ordinary course of business, we will share, as necessary, Personal Information and/or Non-Personal Information (defined below) with companies that we hire to perform services or functions on our behalf. By way of non-limiting example, we may use vendors for order-fulfillment, billing, platform support. In all cases when we provide Personal Information with a third-party, we will not authorize them to keep, disclose or use your information with others except for the purpose of providing the services we asked them to provide. We will not sell, share, or publish Personal Information, except as provided in this Privacy Statement or in conjunction with a corporate sale, merger, dissolution, or acquisition.

Note: if you make payment for Services, your Personal Information will be collected by a third-party service provider and not by us, and as such subject to the third party’s privacy policy. We have no control over, and are not responsible for, a third party’s collection, use and disclosure of your Personal Information. This Privacy Statement does not address, and we are not responsible for, any third-party terms linked on our website and the inclusion of any such link is as a courtesy and does not imply endorsement of the linked site or service by us. In addition, we are not responsible for the information collection, use, disclosure or security policies or practices of other organizations, such as Apple, Google, or any other app developer, app provider, social media platform provider, operating system provider, wireless service provider or device manufacturer, including with respect to any Personal Information you disclose to other organizations through or in connection with the Apps or Products or our Social Media Pages.

We may be legally compelled to release your personal information in response to a court order, subpoena, search warrant, law or regulation. We may cooperate with law enforcement authorities in investigating and prosecuting website visitors who violate our rules or engage in behavior which is harmful to other visitors (or illegal).

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We may disclose your personal information to third parties if we feel that the disclosure is necessary to:

• enforce this Privacy Statement and the other rules about your use of this website
  
• protect our rights or property
• protect someone’s health, safety or welfare
• comply with a law or regulation, court order or other legal process

We may also keep, disclose, and use personally identifiable information that you give us through this website in ways that we believe are consistent with FDA and other governmental guidance, directions, regulations, and laws, including by aggregating and/or anonymizing Personal Information so that it will no longer be considered Personal Information.

Cookies and Similar Technologies (Services)

Cookies are small text files placed on your device to store data that can be recalled by a web server in the domain that placed the cookie. The Services may make use of first or third-party cookies (whether session or persistent cookies) and similar technologies, for such things as session management, account access/authentication, to recognize returning Service Users, for storing and honoring Service User’s preferences and settings, combating fraud, maintaining and monitoring the infrastructure of the Services, ensuring security protections, analyzing how our Services perform and other analytics purposes, and fulfilling other legitimate purposes as further described in this Notice (such as fixing issues with and improving our Services and related Service User experience). We also use analytics cookies to better understand how our Services are being used by tracking how you interact with the Services and where you click.
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You can use controls in your internet browser to limit how the websites you visit are able to use cookies and to withdraw your consent by clearing or blocking cookies.

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Google Analytics: We use cookies served by Google Analytics to collect limited data directly from end-user browsers to enable us to better understand your use of the Services, including making use of the demographics and interests reports services of Google Analytics. Further information on how Google collects and uses this data can be found here. You can opt-out of all Google supported analytics within the Services by visiting this page.

Hotjar: We use Hotjar in order to better understand our Service End Users needs and to optimize this service and experience. For further details, please see Hotjar’s privacy policy. You can opt-out of all Hotjar supported analytics and data collection within the Services by visiting this page.

Marketing Activities

Information you provide to us:

Our Site offers various ways to contact us, such as through form submissions, email or phone, to inquire about our company and Services. For example, when expressing an interest in obtaining information about us or our Services, subscribing to marketing or otherwise contacting us, we will collect personal information from you.  We may also collect information from you in person at a tradeshow or event or via a phone call with one of our sales representatives or if you visit our offices (where you may be required to register as a visitor and provide us with certain information).

The personal information we collect may include:

• Business contact information (such as your name, phone number, email address and country);
• Professional information (such as your job title, institution or company);
• Nature of your communication;
• Marketing information (such as your contact preferences); and
• Any information you choose to provide to us when completing any ‘free text’ boxes in our forms.

Personal information may also be provided to us on your behalf by another Service User (such as the ultimate customer).  If you ever communicate directly with us, we will maintain a record of those communications and responses.

Information we collect automatically:
When you visit our Sites or interact with our emails, like most websites, we use cookies and similar technologies such as web beacons, tags and JavaScript, alone or in conjunction with cookies, to automatically collect certain technical information from your browser or device.

The information we collect may include:
Device data – such as your IP address, your operating system, your browser, device information, unique device identifiers, mobile network information, request information (speed, frequency, the site from which you linked to us (“referring page”), the name of the website you choose to visit immediately after ours (called the “exit page”), information about other websites you have recently visited and the web browser used (software used to browse the internet) including its type and language); and Usage data – such as information about how you interact with our emails, Sites and other websites (such as the pages and files viewed, searches, operating system and system configuration information and date/time stamps associated with your usage).

This information is used to analyze overall trends, to help us provide, improve and personalize our Marketing Activities, Sites and to guarantee their security and continued proper functioning. For further information about our use of cookies and similar tracking technologies in connection with our Marketing Activities please see the section “Cookies and Similar Technologies (Marketing Activities)” below and read our Cookie Notice.

Information we collect from other sources: In order to enhance our ability to provide relevant marketing, offers and services to you and update our records, we may obtain information about you from other sources, such as public databases, joint marketing partners, affiliate programs, data providers, social media platforms, as well as from other third parties. This information may include mailing addresses, job titles, email addresses, phone numbers, intent data (or user behavior data), IP addresses, social media profiles, social media URLs and custom profiles, for purposes of targeted advertising, event promotion and optimizing our Sites, Services and Marketing Activities.

Cookies and Similar Technologies (Marketing Activities)
In connection with our Marketing Activities, Vave uses cookies and similar technologies such as tags and pixels. For further information about our use of cookies or other similar technologies, your choices regarding the use of cookies, and how you can block certain cookies in connection with our Marketing Activities, please read our Cookie Notice

Collection of Non-Personal Information
If you visit our website to read or download information, such as information about a health condition or about one of our products, we may collect certain non-personal information about you from your computer. This may include:

• the type of web browser software you use (for example, Internet Explorer)
• the name of the domain from which you access the Internet
• the Internet protocol (“IP”) address of the website from which you linked into our website
• dates and times that you have accessed our website
• the geographic location of the server you use to access our website
• pages you have visited on our website
• search terms you use
• links on which you click
• location (based on enabling location based services)

How We Collect Non-Personal Information

• To enable the Services, users must enable location-based services.
• We further collect browser or device information, e.g. we may collect and/or track IP addresses, browsers, operating systems, locations from which you accessed the Services, Uniform Resource Locators (URLs), user interactions (keypresses, and mouse events such as movement, location, and clicks), domain names, landing pages, page views, dates and times you used the Services, error logs, device IDs and other information about your mobile phone or other mobile device(s).
• We may collect information about your use of the Services or App (including workflow information, log files, buttons pressed, boot logs, usage statistics, support requests and results).
• We use 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 Services, pages visited, language preferences, and other traffic data. We, and our service providers, use cookies for security purposes, to facilitate navigation, display information more effectively, and to personalize your experience. We also gather statistical information about use of the Services in order to continually improve their design and functionality, understand how they are used and assist us with resolving questions regarding them. We do not currently respond to browser do-not-track signals. If you do not want information collected through the use of cookies, most browsers allow you to automatically decline cookies or be given the choice of declining or accepting a particular cookie (or cookies) from a particular website. You may also wish to refer to http://www.allaboutcookies.org/manage-cookies/index.html. If, however, you do not accept cookies, you may experience inconvenience in your use of the Services.

• Pixel tags (also known as web beacons and clear GIFs) may be used to, among other things, track the actions of users of the Services (including email recipients), measure the success of our marketing campaigns, and compile statistics about usage of the Services and response rates.
• We use Google Analytics, which uses cookies and similar technologies to collect and analyze information about use of the Services and report on activities and trends. This service may also collect information regarding the use of other websites, apps and online resources. You can learn about Google’s practices by going to www.google.com/policies/privacy/partners/, and exercise the opt-out provided by Google by downloading the Google Analytics opt-out browser add-on, available at https://tools.google.com/dlpage/gaoptout.

Uses and Disclosures of Non-Personal Information

We may use and disclose Non-Personal Information for any purpose, except where we are required to do otherwise under applicable law. If we are required to treat Non-Personal Information as Personal Information under applicable law, we may use and disclose it for the purposes for which we use and disclose Personal Information as detailed in this Privacy Statement. In some instances, we may combine Non-Personal Information with Personal Information. If we do that, we will treat the combined information as Personal Information as long as it is combined.

Opt-Out
We give you choices regarding our use of your Personal Information for marketing purposes. You may opt-out from receiving electronic communications from us. If you no longer want to receive marketing-related emails from us on a going-forward basis, you may opt-out by using the unsubscribe link within each email, updating your email preferences within your Services account settings (for registered users), or by contacting us to have your contact information removed from our promotional email list or registration database. We also may send you mobile text messages (SMS) for account authentication purposes when you register with the Services. You may opt-out of receiving such text messages by emailing us or modifying your account settings within the App.

We will try to comply with your request(s) in a timely manner. Please note that if you opt-out of receiving marketing-related emails from us, we may still send you important administrative messages, from which you cannot opt-out. We have no obligation to honor opt-out requests you make to any third party regardless whether you were connected or linked via the Services.

Other Requests Related to Personal Information

You may request to access, correct, update, suppress, restrict or delete Personal Information, object to or opt out of the processing of Personal Information, or if you would like to request to receive an electronic copy of your Personal Information for purposes of transmitting it to another company (to the extent these rights are provided to you by applicable law), you may contact us by referring to “Contact Information” below. We will respond to your request in a manner consistent with applicable law. You may also exercise some of the requests above by logging into the Services (for registered users) and using settings available within your account.

Please note that we may need to retain certain information for record keeping purposes or to complete transactions that you began prior to requesting a change or deletion (e.g., when you make a purchase or enter a promotion, you may not be able to change or delete the Personal Information provided until after the completion of such purchase or promotion). In addition, we retain Personal Information for as long as needed or permitted in light of the purpose(s) for which it was obtained and consistent with applicable law.

Retaining Your Personal Information

We have put in place commercially reasonable physical, electronic, and organizational procedures to protect Personal Information within our organization. Although we take appropriate measures to safeguard against unauthorized disclosures of information, these measures cannot be guaranteed to be 100% secure. If you have reason to believe that your interaction with us is no longer secure, please immediately notify us in accordance with the “Contact Information” section below.

Where Information May Otherwise be Transferred and Stored
Your Personal Information may be stored and processed in any country where we have facilities or in which we engage service providers, and by using the Services you understand that your information will be transferred to countries outside of your country of residence, including the United States, which may have data protection rules that are different from those of your country. In certain circumstances, courts, law enforcement agencies, regulatory agencies or security authorities in those other countries may be entitled to access your Personal Information.

How do we use your information?
We use and process the personal information we collect (alone or in combination) for the purposes and on the legal bases identified below:

• Providing and facilitating delivery of our Services: We process your personal information to perform our contract with you for use of our Services and to fulfill our obligations under applicable terms of use/ service; or where we have not entered into a contract with you, we base the processing of your personal information on our legitimate interest to operate and administer our Services. Examples include, processing your personal information for the reservation or order of your Device and for the creation or administration of your Vave account.
• Communicating with you about the Services: We may send you service, technical and other administrative or technical email, messages and other types of notifications (such as distribution and product updates and product patches and fixes) in reliance on our legitimate interests in administering the Services and providing certain features. These communications are considered part of the Services and in most cases you cannot opt-out of them.  If an opt-out is available, you will find that option within the communication itself or in your account settings.
• Promoting the security of our Sites and Services: We process your personal information by tracking use of our Sites and Services, creating aggregated, non-personal data, verifying accounts and activity, investigating suspicious activity and enforcing our terms and policies, to the extent this is necessary for our legitimate interest in promoting the safety and security of the Sites, Services, systems and applications and in protecting our rights and the rights of others;
• Providing necessary functionality: We process your personal information to perform our contract with you for the use of our Sites or Services; where we have not entered into a contract with you, we base our processing of your personal information in reliance on our legitimate interest to provide you with the necessary functionality required during your use of our Sites and Services;
• Handling contact and Service User support requests: If you fill out a “Contact Us” web form or request Service User support, or if you contact us by other means including via a phone call, we process your personal information to perform our contract with you and/or (if we have not entered into a contract with you) to the extent it is necessary for our legitimate interest in fulfilling your requests and communicating with you;
• Managing event registrations and attendance: We process your personal information to plan and host events or webinars for which you have registered or that you attend, including sending related communications to you;
• Developing and improving our Marketing Activities and Services: We process your personal information to analyze trends and to track your usage of and interactions with our Marketing Activities and Services to the extent it is necessary for our legitimate interest in developing and improving our Marketing Activities and Services and providing you with more relevant content and service offerings, or where we seek your valid consent;
• Assessing and improving end user experience: We process device and usage data as described above which in some cases may be associated with your personal information, in order to analyze trends in order to assess and improve the overall user experience to the extent it is necessary for our legitimate interest in developing and improving our Marketing Activities and/or Services, or where we seek your valid consent;
• Reviewing compliance with applicable usage terms: We process your personal information to review compliance with our contract with you or your organization to the extent that it is in our legitimate interest to ensure adherence to the relevant terms;
• Assessing capacity requirements: We process your personal information to assess the capacity requirements of our Services the extent that it is in our legitimate interest to ensure that we are meeting the necessary capacity requirements of our service offerings;
• Identifying customer opportunities: We process your personal information to assess new potential customer opportunities to the extent that it is in our legitimate interest to ensure that we are meeting the demands of our customers and their Service Users  experiences;
• Registering office visitors: We process your personal information for security reasons, to register visitors to our offices and to manage non-disclosure agreements that visitors may be required to sign, to the extent such processing is necessary for our legitimate interest in protecting our offices and our confidential information against unauthorized access;
• Displaying personalized advertisements and content: We process your personal information to conduct marketing research, advertise to you, provide personalized information about us on and off our Sites and to provide other personalized content based upon your activities and interests to the extent it is necessary for our legitimate interest in supporting our Marketing Activities or advertising our Services or, where necessary, to the extent you have provided your prior consent (please see the “Your Privacy Rights” section, below, to learn how you can control how the processing of your personal information for personalized advertising purposes);
• Sending marketing communications: We will process your personal information to send you marketing information, product recommendations and other non-transactional communications (e.g., marketing newsletters, telemarketing calls, SMS, or push notifications) about us when this is in accordance with your marketing preferences, including information about our products, services, promotions or events as necessary for our legitimate interest in conducting direct marketing or to the extent you have provided your prior consent (please see the “Your Privacy Rights” section, below, to learn how you can control the processing of your personal information by Vave for marketing purposes);
• For our business purposes, such as data analysis, audits, fraud monitoring and prevention, developing new products and features, enhancing, improving or modifying our products and services, identifying usage trends and expanding our business activities in reliance on our legitimate interests; and
• Complying with legal obligations: We process your personal information when cooperating with public and government authorities, courts or regulators in accordance with our legal obligations under applicable laws to the extent this requires the processing or disclosure of personal information to protect our rights or is necessary for our legitimate interest in protecting against misuse or abuse of our Sites, Services, protecting personal property or safety, pursuing remedies available to us and limiting our damages, complying with judicial proceedings, court orders or legal processes or to respond to lawful requests.

Who do we share your information with?
We do not sell or share your personal information with third parties except as outlined below. We may disclose your personal information to the following categories of recipients:

• Service providers. In order to provide our Services to you and undertake our Marketing Activities, it may be necessary for us to disclose your information to contracted third parties and service provider partners who perform certain functions of our service on our behalf.  Examples include payment providers (to authorize, record, settle and clear payment card transactions); cloud hosting providers (to provide data storage and processing services); communications providers (to process new queries and to manage our emails); and analytics companies to perform analysis on the Site and Services. These third-party service providers are not authorized to retain, share, store or use your personal information for any purposes other than to provide the services they have been hired to provide.
• Compliance with laws. We may disclose information where we are legally required to do so in order to comply with applicable law, governmental requests, a judicial proceeding, court order, or other legal process (including in response to public authorities to meet national security or law enforcement requirements).
• Vital interests and legal rights. We may disclose information where we believe it is necessary to investigate, prevent, or take action regarding illegal activities, suspected fraud, situations involving potential threats to the safety of any person, violations of our Terms of Use or this Notice, or as evidence in litigation in which we may be involved.
• Business transfers. We may share or transfer information in connection with, or during negotiations of, any merger, sale of company assets, financing, or acquisition of all or a portion of our business to another company, provided that we inform the buyer it must use your personal information only for the purposes disclosed in this Notice.
• Advertising Partners. We may partner with third-party advertising networks, exchanges and social media platforms (like Facebook) to display advertising on our Sites or to manage and service advertising on other sites and we may share personal information with them for this purpose. Please see more information in our Cookie Notice for further information, including information about how you can turn off tracking technologies.
• Consent. We may share your information with any other person with your consent to the disclosure.

California Privacy Rights
How long do we keep your personal information?

• We retain your personal information where we have an ongoing legitimate business need to do so and for a period of time consistent with the original purpose as described in this Notice. We determine the appropriate retention period for personal information on the basis of the amount, nature and sensitivity of your personal information processed, the potential risk of harm from unauthorized use or disclosure of your personal information and whether we can achieve the purposes of the processing through other means, as well as on the basis of applicable legal requirements (such as applicable statutes of limitation).
• After expiration of the applicable retention periods, we will either delete or anonymize your personal information or, if this is not possible (for example, because your personal information has been stored in backup archives), then we will securely store your personal information.

Children’s Information
You must have reached the age of majority to register as a member of or be permitted use of the Site or Services. Any information we receive from people we believe to be under this age will be purged from our database. We do not knowingly collect personal information from children under the age of 13 or have any reasonable grounds to believe that children under the age of 13 are accessing our Website or using our Service.

If you believe that a child under 13 may have provided us personal information, please contact us at support@vavehealth.com

Sensitive Information
At times, certain users may allow Vave with access to sensitive Personal Information, e.g. medical records, diagnosis or treatment information, or other health information of a user’s patients. Vave will maintain and protect such information according to applicable law and our agreements in place with our users. If you are a patient and you have questions or requests regarding your medical information that is handled by Vave, please contact your healthcare provider. Do not disclose non-relevant sensitive Personal Information such as social security numbers, racial or ethnic origin, political opinions, religion or other beliefs, or criminal background.

CONTACT INFORMATION
We welcome any questions, comments, or concerns. Please send an email to info@vavehealth.com to the attention of our Privacy Officer. You may also contact us at:
Vave Health, Inc.

3031 Tisch Way

Plaza West, #110

San Jose, CA 95128
+1 (877) 828-3435
Because email communications are not always secure, please do not include payment information, health information, or other sensitive information in your emails to us.
The “Last Updated” legend at the top of this Privacy Statement indicates when this Privacy Statement was last revised. Privacy laws and regulations are evolving. We reserve the right to revise this Privacy Statement as we see appropriate. Review this Privacy Statement from time to time as you return to our website so that you are familiar with any changes. Our use of your Personal Information is in accordance with the privacy statement that was in effect at the time the information was collected. We will notify you of updates to this Privacy Statement by posting a notice on our website. Use of the Services following changes made to this Privacy Statement means that you accept the revised Privacy Statement.
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