NOMO International, LLC (collectively, “we,” “us,” “our,” or “NOMO”) respects the privacy of you and your loved ones. Protecting your information is important to us. The following guidelines set forth our general privacy practices and principles that apply to information we collect through our website located at www.nomosmartcare.com (the “Website”), our various connected devices such as the NOMO Hub, the NOMO Satellite, and the NOMO Tags (each, a “Device” and collectively, the “Devices”) and our NOMO mobile application (the “NOMO App” and together with the Website and the Devices, the “Services”).  The Services are owned or operated by NOMO or companies related by common ownership or control. We use this Privacy Notice to clearly disclose to you our privacy practices in a manner that is easy to understand.  If there is something you do not understand about our privacy practices, please feel free to contact us at privacy@nomosmartcare.com.

This Privacy Notice does not apply to products or services provided, or information obtained, other than through the Services.  We do not intentionally collect information from persons under the age of 18, so please do not use the Services if you are under the age of 18. We may change this notice from time to time so please check back often.  If we significantly change our collection, use, or disclosure practices, we will try to send you a notice via email if you have provided us with an email address.  Please keep in mind that some of the services mentioned specifically in this notice may not be available on the Website at this time.  This Privacy Notice is effective as of February 28, 2022.

Our Services are used to detect changes in the behavior of in-home care recipients and provide automatic notification to benefactors of the Services (“Users”) allowing them to connect with other Users and family members, caregivers and professionals (“Caregivers”) to provide immediate contact with, and care for, the care recipient.

What information do we collect from you? In brief:

As part of providing products and services to you, we may collect information, including personal information about you including information about your health status.
As part of providing products and services to you, we may collect information, including personal information, about you and, if you are a User, information about your health status.

Personal Information

“Personal Information” is data that can be used to identify you.  The information includes but is not limited to:
• Name
• Phone Number
• Email Address
• Place of Birth (solely for billing and security purposes)
• Weight
• Height
• IP Address
• Digital Images and photos
• Other information you disclose when you create an extended online profile or ask us a question about our Website or our products and services
• Technical information about your use of our Website including IP address, device identifier, and viewing information
• Geo-location information telling us from where you are accessing the Website and/or use of the Devices

For Caregivers, we collect basic contact information to enable the Services to communicate with the Caregiver about the User.

Sensitive Personal Information

We collect other personal information that may constitute “Sensitive Personal Information” under various privacy laws.
• Age/Date of Birth
• Race/Ethnic Origin
• Marital Status
• Gender Identity/Sexual Orientation
• SSN (if required in connection with a medical service)
• Financial Account Information
• Religious/philosophical beliefs relating to medical status
• Employment Information (if required in connection with a medical service)
• Routines and behaviors
• Location Data

Personal Health Information

We may collect personal health information (“PHI”) through your Caregiver.  Please note that this Privacy Notice is distinct from a Notice of Privacy Practices, which you may have received from your health plan or healthcare provider. A Notice of Privacy Practices is a special notice required by a federal privacy law known as “the HIPAA Privacy Rule”. If your participation and use of NOMO’s Services is being sponsored by your health plan or if your Caregiver elects to provide PHI through the NOMO App for your use in connection with the Services, the Personal Information that you or your Caregiver provide to NOMO is considered PHI and we will safeguard it in accordance with all applicable state and federal requirements regarding the privacy and security of health information.
How do we collect information from you?

In brief:
We collect information from you directly when you enter it into a form in our Services or use our Devices.  We collect information from you indirectly and automatically through the use of cookies, web beacons and log files.

Direct Collection

We collect much of the information listed above directly from you when you submit it on our Services.  This includes information you share on the Contact Us page of our Website.

For the Website, we collect personal information from you to provide you with information about our Services.  This includes general identity, location and billing information.

For the NOMO App, we collect financial account information (through a third-party service) to use for billing purposes.  We collect contact information for Caregivers.  We also collect your health information such as diagnosis, medication, and prescriptions.

Our Devices record detected motion events, recognized acoustic signatures and location tracking information.

We may also collect information through a “bot” which is an automated service that will ask questions, provide answers, and store information within the Services for use by Users and Caregivers.

Information from Caregivers

We will collect Personal Information and Sensitive Personal information from your Caregivers.  If your Caregiver is a “covered entity” under HIPAA, we may collect PHI from your Caregiver.  Caregivers may also provide us with specific information to enable better performance of the Services, such as information for patients who have been identified as a fall risk.  If you are a Caregiver, only provide this type of information if it is necessary to enable the Services to meet the needs of your Users.
Indirect Collection – Cookies and Other Technology
As part of offering and providing customizable and personalized services, we use cookies and other online tracking technologies to store and sometimes track information about you.  We may use these technologies to:
• Provide you with personalized content based on your use of the Website
• Enable you to more easily use our Website by remembering and using contact information, purchasing information, and registration information
• Evaluate, monitor and analyze the use of our Website and its traffic patterns to help improve the Website and Services
• Assist us with ad reporting functions such as to learn which ads are bringing users to our Website

The types of technologies we use include:
Cookies.  A cookie is a small amount of data that is sent to your browser from a Web server and stored on your computer’s hard drive.  Cookies enable us to identify your browser as a unique user.  Cookies may involve the transmission of information from us to you and from you to us.  Cookies may also be used by another party on our behalf to transfer information to us in accordance with their privacy statement.  Some cookies are “persistent cookies.”  They are used by us each time you access the Website.  Other cookies are called “session cookies.”  Session cookies are used only during a specific browsing session.  We may use a session cookie, for example, to remember that you have already navigated through a particular menu, or that you have entered in age information for a portion of a site that is restricted by age.  We may also use “analytics cookies” that allow web analytics services to recognize your browser or device and, for example, identify whether you have visited our Website before, what you have previously viewed or clicked on, and how you found us.  This information is provided anonymously for statistical analysis only.  Analytics cookies are usually persistent cookies.

Web Beacons.  We also employ a software technology called a clear GIF (Graphics Interchange Format), also known as a pixel tag or Web beacon.  A clear GIF is a line of code that we place on our Websites or in e-mails which allows us to analyze our advertising and the general usage patterns of visitors to our Websites.  These help us better manage content on our Website by informing us what content or promotions are effective.  Unless you consent, we do not collect personally identifiable information from you through the use of web beacons.  You may not disable Web beacons.

Log Files.  Like most standard website servers, we use log files.  Log files track Internet protocol (IP) addresses, browser type, Internet service provider (ISP), referring/exit pages, platform type, date/time stamp, and number of clicks.  We utilize this information to analyze trends, administer the website, prevent fraud, track website navigation in the aggregate, and gather broad demographic information for aggregate use.

Social Networking.  The Website permits you to use a third-party social networking platform such as Facebook, LinkedIn, Twitter, Pinterest, and Instagram.  These plug-ins allow you to follow us on those services.   When you use social networking platforms and plug-ins, you share your information with such social networks and their respective Privacy Notice applies to disclosure of such information.  In addition, they may be able to collect information about you, including your activity or may notify your connections on the social networking platform about your use of our Website.  Such services may allow your activity to be monitored across multiple websites for purposes of delivering more targeted advertising.  Please note that the privacy polices of third-party social networking platform apply to their use through plug-ins connected to our Website, and we encourage you to read them.  We may add new social networking plug-ins and buttons to our Website from time to time.

Information from Other Sources

When you download, access, and/or use the NOMO App or the Website, they may use technology to automatically collect:
• Usage Details. When you access and use the NOMO App or the Website, we may automatically collect certain details of your access to and use of the NOMO App or Website, including traffic data, location data, logs, and other communication data and the resources that you access and use on or through the NOMO App or Website.
• Device Information. We may collect information about your mobile device and internet connection, including the device’s unique device identifier, IP address, operating system, browser type, mobile network information, and the device’s telephone number. We may also collect information about the Devices you have connected to the App.
• Stored Information and Files. The NOMO App also may access metadata and other information associated with other files stored on your device. This may include, for example, photographs, audio and video clips, personal contacts, and address book information.
• Third Party Devices. In addition to information collected through the Devices, we may also enable you to enable the Services to capture data using third-party devices such as a blood pressure unit or glucose monitoring device.  We will treat any data collected through these devices in the same manner we treat data collected through our NOMO Devices.
 
If you do not want us to collect this information, do not use the Website or download the NOMO App or delete it from your device.

What choices do you have about the collection of information about you?

In brief:
You can always choose not to submit information.  You can disable cookies in your browser.  You can choose not to use social networking plug-ins.  You can opt-out of our marketing related emails.

Direct Collection.  If you do not want to share your information, you can choose not to participate in a particular service or activity.
Cookies.  You may disable browser cookies in your browser or set your browser to warn you when a cookie is being sent.  You may lose some features or functionality when you disable cookies.  Remember, also, that disabling cookies is browser specific.  If you log on using Google Chrome, you must also disable cookies in Safari if you use that browser at a different time.
Web Beacons.  It is not possible to disable Web beacons.
Log Files.  It is not possible to disable log files.
Social Networking.  If you do not want to share your information, you can choose not to use social networking plug-ins.
Marketing Emails.  To ensure that you will not receive recurring marketing or other information from us unless you choose to, we will provide you with simple instructions on each marketing email from us for you to let us know that you have chosen to stop receiving such emails from us.
Do Not Track.  Do Not Track (DNT) is a privacy preference that users can set in their web browsers.  While the United States Federal Trade Commission has endorsed DNT, our Website does not support DNT codes.
Google Analytics.  You may opt-out of Google Analytics collection by downloading the browser plugin “Google Analytics Opt-out Browser Add-on” here.

How do we use your information?

In brief:
Our main goal in collecting information is to improve the Website and provide you with the best possible experience on the Services.  For example, by using the information we collect, we can provide you with an easy to use and readily available forum to ask questions about our products and services.   By using the NOMO App, you will have the ability to automatically communicate with your Caregivers about your health status.
We may use your personal information to:
• To provide the Services to you
• Answer questions you may have about our Devices and Services
• Notify you of other products or services available from us and our affiliates
• Personalize online content so that is applies to you and your interests
• Provide you with advertising targeted on your interests related to our Services
• To connect you to your Caregivers
• To enable you to receive emergency services
• To improve our Devices and Services
• Compile, analyze and do research on our Users' and Caregivers’ demographics and behavior
• Detect, investigate and prevent activities that may violate our policies or be illegal

We use, and share location data only to provide and improve our Services and to enable Users to share location data with their Caregivers and Emergency Service Providers.

Who is collecting your information?

In brief:
We collect your personal information and may use third-party service providers to assist with that collection.
When you are on our Website and are asked for personal information, you are sharing that information with us and our affiliates and service providers.  Although we generally operate the Website and collect the information, we may engage third-party service providers to assist us in that collection.
Other websites to which we link may collect personally identifiable information about you when you visit those sites.  The information practices of other websites linked to our websites are not covered by this Privacy Notice.

With whom do we share your information?

In brief:
We share your information with companies who assist us in providing services, when we need to protect our Website or information and when we sell our businesses. We do not sell your personal information to third parties.
We will not disclose any of your personally identifiable information except when we have your permission or under special circumstances, such as when we believe in good faith that the law requires it or under the circumstances described below.
NOMO will only use or disclose the Personal Information, Sensitive Personal Information and PHI that we collect from or about you – including, without limitation, through the NOMO App and Devices – as allowed by applicable state and federal law, the terms of our agreement with your health plan or Caregiver, if applicable, and its Notice of Privacy Practices (collectively “Health Plan Privacy Policies and Law”). The Privacy Policies and Law may be more limiting than this Privacy Notice. If that is the case, the Health Plan Privacy Policies and Law control how we may use or disclose your Personal Information. For example, in this Privacy Notice we say that we may use your contact information to send you information about opportunities, products or services provided by NOMO – we will only do this if the Health Plan Privacy Policies and Law allow us to. In addition, we will only use or disclose your Personal Information as allowed by the Health Plan Privacy Policies and Law. For more information, please refer to your health plan or Caregiver's Notice of Privacy Practices.

These are some of the ways that your information may be disclosed:

Caregivers
As described above, if you are a User, we share your information with your Caregivers so that they can provide you with the appropriate care. If you are a Caregiver, we will share your information with the Users you care for to enable them to use the Service.

Emergency Service Providers
If you enable emergency notifications in the App, we may provide your contact information and other health care information to an emergency third-party service such as a 911 assistance vendor or an EMS provider.

Service Providers
We occasionally hire other companies to provide limited services on our behalf, including packaging, delivering, or mailing, website development and operation, answering customer questions about products or services, sending postal mail or email, analyzing website use, processing payments, providing investor information and processing data. We will only provide those companies the information they need to deliver the service, and they are contractually prohibited from using that information for any other reason.

Data in the Aggregate
We may disclose “blinded” aggregated data and user statistics to prospective partners and other third parties. Blinded data is data that does not identify an individual person.

Other
We also may disclose your information in special cases. For example, when we believe that we must disclose information to identify, contact or bring legal action against someone who may be violating our Terms of Use, or may be causing injury to or interference with our rights or property, other website users or customers and their information, or anyone else who may be harmed by such activities. We may disclose, access or monitor your personal information when we believe in good faith that the law requires it and for administrative and other purposes that we deem necessary to maintain, service and improve our products and services and our information security.

As we continue to develop our business, we may buy or sell businesses or assets. In such transactions, confidential customer information generally is one of the transferred business assets. In the event of a transaction involving the sale of some or all of our businesses, customer and website visitor information may be one of the transferred assets and may be disclosed in connection with negotiations relating to a proposed transaction. In such case, the transferred information may become subject to a different Privacy Notice.

How can I control my personal information?

In brief:
We offer our customers choices for the collection, use and sharing of personal information.
You may contact us at privacy@nomosmartcare.com if you wish to view, edit, or delete your personal information from our database, and we will use commercially reasonable efforts to accommodate your request.

If you believe that any inaccurate or inappropriate information has been obtained or provided to others through your use of this Website, you should contact a representative at privacy@nomosmartcare.com.

How do we protect your information?

In brief:
We use commercially reasonable efforts to protect your information. The Website does not use encryption except where noted.

Financial Information
We may collect financial account information for billing purposes through our third-party payment services provider.

Other Information
Because information sent through the Internet travels from computer to computer throughout the world, when you give us information, that information may be sent electronically to servers outside of the country where you originally entered the information. Unfortunately, no data transmission over the Internet can be guaranteed to be 100% secure. Except as specifically stated, this site does not use security encryption measures. Information that you disclose by use of this site (as with any site that is non-secure), by posting a message or using e-mail, potentially could be collected and used by others. This may result in unsolicited messages from third parties or use of such information by third parties for their own purposes, legal or illegal. As a result, while we strive to protect your personal information, we cannot ensure or warrant the security of any information you transmit to us or from our services, and you do so at your own risk. Once we receive your transmission, we use commercially reasonable efforts to ensure its security on our systems.

Your California Privacy Rights.

In brief:
California residents are entitled to additional protections under California Law including the right to request information about third parties to whom we disclose information for marketing purposes.

Requests for Information Under Current Law
California Civil Code Section 1798.83 permits our visitors who are California residents to request certain information regarding our disclosure of personal information to third parties for their direct marketing purposes. To make such a request, please send an email or written request at the address below.
Make sure to state that you are a California Resident.

Scope of Notice
This notice applies to personal information we collect about California residents both online and offline. It applies to California residents who are users of our Website; our customers; individuals inquiring about our products and services; and all other California residents from whom we collect personal information.
As defined in the CCPA, personal information includes any information that identifies, relates to, or could reasonably be linked to a California resident or household. It includes, but is not limited to: identifiers, characteristics of protected classes, commercial information, biometrics, internet or electronic information, geolocation data, audio/visual or similar information, employment and educational information, and inferences drawn from any identifiable information. Personal information does not include publicly available information from a public government record.

This notice does not apply to information that is exempt from CCPA disclosure requirements. This includes personal information of individuals acting in their capacity as representatives of our clients, prospect clients, vendors, and other businesses that we conduct business with to the extent the information is collective with respect to a business-to-business transaction or business relationship. This disclosure also does not apply to individuals who are not California residents, any personal information exempted under Cal. Civ. Code Section 1798.145, or any other personal information not contemplated in the CCPA.
Do Not Track (DNT) is a privacy preference that users can set in their web browsers. While the United States Federal Trade Commission has endorsed DNT, our Services do not support DNT codes. However, except in the case of analytics cookies, remarketing and other features of Google Display Advertising described above, our Website limits tracking to the internal uses described above. Except in the case of analytics cookies, remarketing and other features of Google Display Advertising described above, our Website does not track your use across multiple websites, however, other websites to which we link may. Please review their privacy policies to understand how you may be tracked.

California Consumer Privacy Act

The California Consumer Privacy Act (“CCPA”) grants State of California residents the following rights, to:
• Know what personal information is being collected about them;
• Know whether their personal information is sold or disclosed and to whom;
• Say no to the sale of their personal information;
• Access their personal information;
• Have their personal information deleted (subject to certain exceptions); and
• Have the right to equal service and price, even if they exercise their privacy rights under this law.

NOMO does not currently meet the thresholds to be subject to the CCPA. However, if you are a California resident and wish to request information about how to exercise your third-party disclosure choices, please send a request by email or postal mail to the address below. We will also be modifying this policy to comply with the new California Privacy Rights Act (“CPRA”) so check back for updates.

Address for California Privacy Requests
NOMO International, LLC
Attn: Your California Privacy Rights
6423 City West Parkway
Eden Prairie, MN 55344
privacy@nomosmartcare.com

Please include your name, street address, city, state, and zip code (your street address is optional if you wish to receive a response to your request via email). We will not accept requests via the telephone or by fax. We are not responsible for notices that are not labeled or sent properly, or do not have complete information.

Your Nevada Privacy Rights.

In brief:
California residents are entitled to additional protections under California Law including the right to request information about third parties to whom we disclose information for marketing purposes.

Opt-Out Requests
Nevada law (SB 220), permits customers in Nevada to opt-out of the sale of certain kinds of personal information. A sale under Nevada law is the transfer of this personal information to third parties for monetary consideration so these third parties can then re-sell or license the sold information. We do not sell your personal information to third parties as defined in Nevada law. If you are a Nevada resident and wish to opt-out of the sale of your personal information should we change our practices in the future, you must send a request by e-mail at privacy@nomosmartcare.com. Make sure to state that you are a Nevada resident.
Who do you contact with questions or concerns about our Privacy Notice?
 
If you need further assistance, please send an e-mail with your questions or comments to privacy@nomosmartcare.com or write us at:
NOMO International, LLC
Attn: Privacy
6423 City West Parkway
Eden Prairie, MN 55344