Effective date: May 6, 2020

Welcome to the Aria Mobile App Privacy Policy. This Privacy Policy applies to information about you that Inova Labs, Inc. (dba Aria Health™) (“Aria Health”, “us”, “we”, or “our”) may obtain when you use the Aria system and the Aria by Aria Health mobile application (“Aria App”) operated by Aria Health (hereinafter referred to as the “Service“).

This Privacy Policy explains how we may process information collected through the Service, and how we may use and share such information. Please refer to our Website Privacy Policy, for further information about privacy practices.

Use of this Service is governed by our Terms of Use. Our servers are located in the United States, and any personal information you provide to us will be processed in the United States. This Service is intended only for United States users.

Personal Information Collection and Use

When you use the Service, we or our service providers acting on our behalf may collect the following information to provide and improve our Services to you.

Types of Data Collected

Personal Information

While using our Service, we may ask you to provide us with certain information that can be used to contact or identify you (“Personal Information“).  This may include, but is not limited to your:

  • Email address
  • Aria device serial number
  • 4 digit pairing PIN

We may use your Personal Information to contact you or send you information, for example, to send you our newsletters, marketing or promotional materials, and other information that we think may be of interest to you. You may opt out of receiving any, or all, of these communications from us by following the unsubscribe link or the instructions provided in any email we send.

We may use your Personal Information to contact you with newsletters, marketing or promotional materials and other information that may be of interest to you. You may opt out of receiving any, or all, of these communications from us by following the unsubscribe link or the instructions provided in any email we send.

Machine Data

Machine Data is data collected by the Aria pump (the “Machine”) and sent over Bluetooth® to the Aria App installed on your Bluetooth enabled phone. When you first access the Aria App, you will be prompted to sync your Machine with the Aria App. The synchronization will download Machine Data to your mobile device through a Bluetooth connection. Once downloaded, the Machine Data will be sent from your mobile device to our Machine Data cloud via a secure network connection. This enables the following data to be collected and stored in our Machine Data cloud:

  • User consent choices
  • Coaching choice and email address (if provided)
  • Machine usage data: Total usage time per day for each day the therapy has been used
  • Mobile phone data: App version, Phone model, Phone operating system name and version
  • Machine identification data: unique identifier number, time zone and Aria App version
Usage Data

We may also collect information that your browser sends whenever you visit our Service or when you access the Service by or through a mobile device (“Usage Data“).

This Usage Data may include information such as your computer’s Internet Protocol address (e.g. IP address), browser type, browser version, the pages of our Service that you visit, the time and date of your visit, the time spent on those pages, unique device identifiers and other diagnostic data.

When you access the Service with a mobile device, this Usage Data may include information such as the type of mobile device you use, your mobile device unique ID, the IP address of your mobile device, your mobile operating system, the type of mobile Internet browser you use, unique device identifiers and other diagnostic data.

Statement regarding the California Consumer Privacy Act of 2018 (“CCPA”)

For the purposes of documenting compliance with the California Consumer Privacy Act of 2018, as amended, and its associated regulations (“CCPA”), We collect “Personal Information” from the following categories:

  • (A) Identifiers (ex. real name, alias, postal address, unique identifiers, online identifiers, internet protocol (“IP”) address, email address, account name, social security number, driver’s license number, passport number, or other similar identifiers.
  • (B) Categories of personal information described in subdivision (e) of Section 1798.80 (Identifiable information contained in Customer Records)
  • (C) Characteristics of protected classifications under California or federal law
  • (D) Commercial information, including records of personal property, products or services purchased, obtained, or considered, or other purchasing or consuming histories or tendencies
  • (K) Inferences drawn from any of the information identified in this subdivision to create a profile about a reflection of the consumer’s preferences, characteristics, psychological trends, predispositions, behavior, attitudes, intelligence, abilities, and aptitudes.

Use of Personal Information

We may use Personal Information we obtain through our Services for various purposes, including:

  • To provide and maintain our Service
  • To notify you about changes to our Service
  • To allow you to participate in interactive features of our Service when you choose to do so
  • To provide customer support
  • To gather analysis or valuable information so that we can improve our Service
  • To monitor the usage of our Service
  • To detect, prevent and address technical issues
  • To provide you with news, special offers and general information about other goods, services and events which we offer that are similar to those that you have already purchased or enquired about unless you have opted not to receive such information

Disclosure of Data

Aria Health does not sell your Personal Information to anyone. We may share Personal Information for the purposes described below.

Service Providers

We may share personal information with third party service providers, who will process it on behalf of us for the purposes described in this Privacy Policy and our Terms of Use (“Service Providers”). Service Providers include the IT service providers and data hosting providers and custodians that enable us to host and provide the Aria App and our Service. We do not share, sell, rent, or trade personal information with third parties for their commercial purposes.

We are a wholly-owned subsidiary of ResMed, Inc. To facilitate our business operations, and to support the services that we provide, including the Aria Website, we may also share personal information with ResMed, Inc. or other companies that are members of the ResMed group.

Business Transactions

We may share your information in connection with, or during negotiations of, any proposed or actual merger, purchase, sale, or any other type of acquisition or business combination of all or any portion of our assets, or transfer of all or a portion of our business to another company.

Disclosure for Law Enforcement

We may share your personal information as required or permitted by law, including sharing with law enforcement, government agencies, or authorized third parties in response to a verified request relating to a criminal investigation or alleged illegal activity or any other activity that may expose us, you, or any other party to legal liability.

Legal Requirements

Aria Health may disclose your Personal Information in the good faith belief that such action is necessary to:

  • To comply with a legal obligation
  • To protect and defend the rights or property of Monterey Health
  • To prevent or investigate possible wrongdoing in connection with the Service
  • To protect the personal safety of users of the Service or the public
  • To protect against legal liability

Your Choices

If you do not wish to receive marketing emails from us, you can opt out of future marketing emails by following the instructions provided in the marketing emails. Opting out of marketing emails will not affect our administrative emails to you (e.g., emails about your transactions or policy changes).

If you no longer want to provide us information through the Aria App, you may uninstall the Aria App from your device.

Your Personal Information Rights

You may make certain requests regarding our use of your personal information by emailing us at privacy@aria-therapy.com or calling 1-866-647-0691. If you are a resident of the State of California, some of these requests may be governed by CCPA. If you are not a California resident, or a response to any given request is not required by CCPA or other applicable law, you agree that we are under no obligation to provide a specific response to any such request, however, we agree to make commercially reasonable efforts to respond to any request we receive, subject to local laws.  For your protection, we may need to verify your identity before acting on your request.

  • You may request to review and obtain a copy of your personal information. You can request to get a paper copy of the information we have about you. We will provide a copy or a summary of your information, usually within 30 days of your request. We may charge a reasonable, cost-based fee.
  • You may request to amend your personal information. You can ask us to correct personal information about you that you think is incorrect or incomplete. In your request, please make clear what personal information you would like to have changed. We may say “no” to your request, but we’ll tell you why in writing within 60 days.
  • You may request to restrict use or disclosure of Personal Information in certain circumstances. Although we do not sell personal information about users of the Service, you do have the right to explicitly ask us not to sell your personal information to third-parties. This opt-out right does not apply to personal information that we share with third-parties involved in the operation of the Website.
  • You may ask for a list of those with whom we’ve shared personal information with. You can ask for a list of who we’ve shared your personal information with, and why. We will usually deliver the list within 30 days of your request.
  • You may request confidential communications. Within reason, we will act upon requests to contact you in a specific way (for example, home or office phone) or to send mail to a different address.
  • You may request a copy of this Privacy Notice. You can ask for a paper copy of this notice at any time, even if you have agreed to receive the notice electronically. We will provide you with a paper copy promptly.

Security of Data

We use reasonable technical and administrative security measures to safeguard Personal Information and reduce the risks of loss, misuse, unauthorized access, disclosure, or alteration. Although we implement reasonable security measures on our Services, we cannot guarantee the security of your information transmitted via the Internet.

Links to Other Sites

Our Service may contain links to other sites that are not operated by us. If you click an outside link, you will be directed to that outside site. We strongly advise you to review the Privacy Policy of every site you visit. We are not responsible for the privacy practices or the content of any outside sites or services.

Notice To California Residents

Residents of the State of California may request a list of all third parties to which we have disclosed your personal information for those third parties’ direct marketing purposes during the preceding year. If you are a California resident, you may contact us at privacy@aria-therapy.com.

Children’s Privacy

Our Service is not available for anyone under the age of 18. We do not knowingly collect personally identifiable information from anyone under the age of 18. If you are a parent or guardian and you are aware that your child has provided us with Personal Information, please contact us.

Changes to This Privacy Policy

We may update our Privacy Policy from time to time. While we may not notify you in the event of every change that we make, we will notify you of any material changes to the terms of our Privacy Policy by providing notice in the Aria App. You will be given the opportunity to review and consent to material changes, however, you understand that if you do not consent to any material change that we make to our Privacy Policy, your sole remedy is to discontinue your use of the Service.

Contact Us

If you have any questions about this Privacy Policy, please contact us: privacy@aria-therapy.com.