Last Updated: April 20, 2023
Your privacy is vital to Breath Technologies. Breath Technologies is committed to carefully managing your individually identifiable information (“Personal Information”) in connection with the Services that Breath Technologies provides on its platform. “Personal Information” means any information that may be used, alone or in combination with other information, to personally identify an individual, including, but not limited to, a first and last name, a personal profile, an email address, or other contact information.
Protected Health Information
Breath Technologies is committed to safeguarding the privacy of your protected health information (“Protected Health Information”). “Protected Health Information” is a subset of Personal Information that is information about you, including demographic information, that may identify you and that relates to your past, present, or future physical or mental health or condition; related health care services; or related to the past, present, or future payment for the provision of healthcare to you.
Information That Breath Technologies Collects
Consent and Modification
Receipt and Collection of Information
Users will store data on their personal devices or designated cloud space and then choose to share it. We collect Personal Information from users. In each case, you will only be required to provide the Personal Information that we need to be able to provide the services you have requested. You may be entitled under data protection laws to access and review the Personal Information we hold about you if you give the necessary consent and background information and pay any mandated fee. All such communications regarding access to your personal data should be addressed to: support@Breathtechnologies.com. Such inquiries should clearly be marked as data protection queries and time-sensitive.
Breath Technologies provides User the option, at the User’s sole election, to upload a profile image that is viewable by other participants of the Services, but this is not mandatory. The user may delete the User’s profile picture at any time by logging into the Apps as part of the Services and visiting the profile settings page.
Personal Health Information. Breath Technologies may obtain personal health information from your healthcare provider upon the User’s request and prior approval. Breath Technologies may collect personal health information such as but not limited to the User’s height, weight, blood pressure, related breathing measurements, heart rate, pulse, subjective experiences, and gender, and display the User’s biometrics to the User based on these inputs.
Demographic & Non-Identifying Information
Information Breath Technologies Collects or Stores as User Accesses and Uses the Services
In addition to any Personal Information or other information that the User chooses to submit to Breath Technologies via Breath Technologies’ Websites, Breath Technologies and Breath Technologies’ third-party service providers may use a variety of technologies that automatically (or passively) store or collect certain information whenever User visits or interacts with the Websites (“Usage Information”). This Usage Information may be stored or accessed using various technologies that may be downloaded to User’s computer, browser, laptop, tablet, phone, or other devices (“Devices”) whenever User visits or interacts with Breath Technologies’ Websites and/or the Apps. To the extent Breath Technologies associates Usage Information with User’s Personal Information Breath Technologies collects directly from User on the Websites, Breath Technologies will treat it as Personal Information.
This Usage Information may include User’s IP address, UDID, or another unique identifier (“Devices Identifier”), including a Pneumö or pneumometer. A Device Identifier is a number that is automatically assigned to the User’s devices used to access the Websites, and Breath Technologies’ computers identify the User’s devices by its devices identifier; User’s device functionality (including browser, operating system, hardware, network information); User’s subscription level; the URL that referred User to Breath Technologies’ Websites; the areas within Breath Technologies’ Websites, Devices, and/or Apps that User visits and User’s activities there, including remembering User, User’s preferences and pages User requested and/or viewed; User’s Devices location; User’s Devices characteristics; and certain other Devices data, including the time of day, among other information.
Breath Technologies may use various methods and technologies to store or collect Usage Information (“tracking technologies”). Tracking technologies may set, change, alter, or modify settings or configurations on the User’s Devices. The tracking technologies that may be used are the following (and subsequent technology and methods later developed which perform a similar function):
A cookie is a data file placed on a Device when used to visit the Service’s Websites. A Flash cookie (or locally shared object)is a data file placed on Devices via the Adobe Flash plug-in that may be built-in to or downloaded by the User to the User’s Devices. HTML5 cookies can be programmed through HTML5 local storage. Unlike Flash cookies, HTML5 cookies do not require a plug-in. Regular cookies may be disabled or removed by tools available as part of most commercial browsers. In some but not all instances can be blocked in the future by selecting certain settings. Each browser the User uses will need to be set separately, and different browsers offer different functionality and options in this regard. Also, these tools may not be effective for Flash cookies or HTML5 cookies; for information on disabling Flash cookies, go to Adobe’s Website, www.adobe.com. Please be aware that if the User disables or removes cookies, Flash cookies, or HTML5 cookies on User’s Devices, some parts of Breath Technologies’ Websites, Apps, Devices, and/or Services may not function properly, and when User revisits Breath Technologies’ Websites, Apps, Devices, and Services User’s ability to limit cookies is subject to User’s browser settings and limitations.
Small graphic images or other web programming code called “web beacons” (also known as “1×1 GIFs” or “clear GIFs”) may be included in pages and messages of our Websites, Apps, and Services. Web beacons may be invisible to the User, but any electronic image or other web programming code inserted into a page or e-mail can act as a web beacon. Web beacons or similar technologies may be used for several purposes, including, without limitation, counting visitors to the Websites, Apps, Devices, and Services, monitoring how users navigate the Websites, Apps, Devices, and Services, counting how many e-mails were sent were opened or to count how many particular articles or links were viewed.
An embedded script is programming code designed to collect information about the User’s interactions with the Websites, Apps, and Services, such as the links the User clicks on. The code is temporarily downloaded onto the User’s Devices from Breath Technologies’ web server and/or Apps or a third-party service provider. It is active only while the User is connected to the Websites and/or Apps and deactivated or deleted afterward.
ETag, or entity tag, feature of the cache in browsers
Entity tag is an opaque identifier assigned by a web server to a specific version of a resource found at a URL. If the resource content at that URL ever changes, a new and different ETag is assigned. Used in this manner ETags are a form of Devices Identifier. ETag tracking may generate unique tracking values even where the consumer blocks HTTP, Flash, and/or HTML5 cookies.
Various third parties are developing or have developed signals or other mechanisms for the expression of consumer choice regarding collecting information about an individual consumer’s online activities over time and across third-party Websites or online services (e.g. browsers do not track signals). Currently, Breath Technologies does not monitor or take any action with respect to these signals or other mechanisms.
Information Third Parties Provide About User
Interactions with Third-Party Websites
Further, when users use third-party sites or services, the User is using their services and not Breath Technologies’ services, and they, not Breath Technologies, are responsible for their practices. Users should review the applicable third-party privacy policies before using such third-party tools on Breath Technologies’ platform.
How Breath Technologies Uses the Personal Information
Breath Technologies may use User’s information that Breath Technologies collects about User
How and When Does Breath Technologies Disclose Information To Third Parties
Breath Technologies may share the User’s Personal Information, including performance measurement information associated with the User’s name collected or generated at the Websites, Apps, Devices, or through the Services. Personal Information may occasionally be transferred to third parties who act for Breath Technologies for further processing in accordance with the purposes for which the data was originally collected or for purposes to which the User has subsequently consented. For example, sometimes a third party may have access to the User’s Personal Information to support Breath Technologies’ information technology or to handle mailings on Breath Technologies’ behalf. If Breath Technologies transfers the User’s Personal Information to an outside agent or organization for such purpose, Breath Technologies will take appropriate measures to protect the User’s privacy and the Personal Information Breath Technologies transfers.
Breath Technologies may share your Personal Information with various business partners. Some of these business partners may use your personal information to facilitate offering services or products that may interest you. We may also share your Personal Information as otherwise described to you at the time of collection.
Breath Technologies may, in Breath Technologies’ sole discretion, share or transfer Personal Information where permitted or required by law, to comply with legal process, to interact with anti-fraud databases, to protect User’s vital interests, to protect the security or integrity of Breath Technologies’ databases or the Websites and the Apps, to enforce the Terms & Conditions or protect the business or reputation of Breath Technologies and/or its Business Customers, to take precautions against legal liability, to protect and defend the rights or property of Breath Technologies and/or its Business Customers, for required institutional risk control, or for resolving disputes, inquiries or complaints concerning User’s use of the Websites, Apps, Devices, and Services.
Breath Technologies reserves the right to disclose and transfer all Personal Information: (i) to an operator of the Websites, Apps, Devices, or Applicable database provided such entity agrees to be bound by the terms and conditions hereof to the extent applicable; or (ii) to a successor in interest of Breath Technologies in connection with a merger, consolidation, restructuring, change of control, the sale of substantially all of Breath Technologies’ interests and/or assets or other organizational change, including, during the course of any due diligence process, provided such successor entity agrees to be bound by the terms and conditions hereof.
What About Information User Disclose Publicly Or To Others
User-Generated Content and Public Information
“User Content” is any content, materials, or information (including, without limitation, any text, information, graphics, messages, photos, images, nutritional information contributed to the Food Database and works of authorship kind), data, questions, comments, suggestions or other content, including personally identifiable information that you upload, send, email, display, perform, distribute, post or otherwise transmit to us, at our request or on your own, on, or through the Services (such as message boards, recipe logging), whether in connection with your use of the Services or through the use of any Third Party Websites or Third Party Services or otherwise, and whether publicly posted or privately transmitted.
Breath Technologies or others may store, display, reproduce, publish, distribute, or otherwise use User Content online or offline in any media or format (currently existing or hereafter developed). They may or may not attribute it to the User. For further details related to our Content Creator policy on public information and publications, please see our Content Creator Policy and/or Terms and Conditions. Others may have access to this User Content and may have the ability to share it with third parties. Please think carefully before deciding what information the User shares, including Personal Information, in connection with the User’s Content. Be aware that public postings (including group messaging with other Users) are not confidential. Please note that Breath Technologies does not control who will have access to the information that User chooses to make public and cannot ensure that parties with access to such publicly available information will respect User’s privacy or keep it secure. Breath Technologies is not responsible for the privacy or security of any information that User makes publicly available on the Service, the Apps or Websites, or what others do with information User shares with them on the Apps and Websites. Breath Technologies is not responsible for the accuracy, use, or misuse of any User Content that User discloses or receives from third parties through the Service.
Name and Likeness
Breath Technologies may also publish the User’s name, voice, likeness, and other Personal Information that is part of the User’s Content. Breath Technologies may use the content, or any portion of the content, for advertising, marketing, publicity, and promotional activities, provided that Breath Technologies will not exercise such rights as to any User Content which identifies User in a public manner (other than in providing the Services to the Business Customer and the Business Customer’s other participants) unless User provides a separate consent to Breath Technologies in writing (email is sufficient) authorizing such use. For full terms and conditions regarding User Content the User submits to the Service, please review Breath Technologies’ Terms & Conditions.
A User’s profile page may be, by default, set up to display information such as the User’s display name, images, location (city/state/country), groups that the User has joined, and optional information added by the User. Breath Technologies primarily uses profile information to be presented back to and edited by the User when the User accesses the Service and to be presented to others permitted to view that information on the Service. Breath Technologies may offer users the ability to manage their public profile and use profile preference settings, the functionality and features of which are subject to change from time to time, so visit it frequently to confirm the settings reflect the User’s then current preferences and Breath Technologies recommends that User does not post information or content as part of User’s profile that User is not prepared to make public. Changing setting options may not result in immediate changes to the settings, subject to Breath Technologies’ operations and maintenance schedules. Users should carefully consider using such settings to improve information display options and ensure the settings are correctly set and functioning in the desired manner.
Notwithstanding the availability of profile preference settings, the User should be aware that these settings are for convenience only, do not employ complex data security protection, and may not be error-free. Further, other users with access may repost or otherwise make public the User’s information or content. Accordingly, discretion and good judgment should be exercised when posting information or content as part of the User’s profile.
Use of Anonymous Information
We may use Anonymous Information (as defined below) or disclose it to third-party service providers to provide and improve the Service. We may also disclose Anonymous Information (with or without compensation) to third parties, including advertisers and partners, for purposes including, but not limited to, targeting advertisements. “Anonymous Information” means information that does not enable the identification of an individual user, such as aggregated information about the use of the Service.
User may choose not to receive future promotional, advertising, or other Service-related notifications from us by changing the notification settings on their Devices. If you choose not to receive notifications, the User may still use the Service, but the User may not receive or may be unable to use certain services that involve our interaction with the User.
At all times, the User may choose whether or not to provide or disclose Personal Information. The notices we provide on the Service in circumstances where we collect Personal Information should help User make this choice. If you choose not to provide the Personal Information we request, you may still use the Service, but you may be unable to access certain programs and services that involve our interaction with the User.
To the extent that you, the User do provide us with Personal Information, we wish to maintain accurate Personal Information. If User would like to delete or correct any other of your Personal Information that we may be storing, Users can submit a request to us by emailing support@Breathtechnologies.com. Your email should include adequate details of your request.
Collection of Information by Third-Party Websites
Links to Other Websites
The Service may contain links to third-party websites we do not own or control. We are not responsible for the privacy practices or the content of such other third-party Websites; you visit them at your own risk.
The security of User Personal Information is important to us. We follow generally accepted industry standards, including the use of appropriate administrative, physical, and technical safeguards, to protect the Personal Information submitted to us. However, no method of transmission over the Internet, or method of electronic storage, is 100% secure. Therefore, while we strive to use commercially acceptable means to protect Personal Information, we cannot guarantee its absolute security or confidentiality. If you have any questions about security, you can contact us at support@Breathtechnologies.com. Please be aware that certain Personal Information and other information provided by you in connection with your use of the Apps, Websites, or Devices may be stored on your personal devices (even if we do not collect that information). You are solely responsible for maintaining the security of your Devices from unauthorized access.
Merger, Sale, or Bankruptcy
If we are acquired by or merged with a third party entity, or if we are subject to bankruptcy or any comparable event, we reserve the right to transfer or assign Personal Information in connection therewith.
Notice to California Residents
If you are a California resident, California law may provide you with additional rights regarding our use of your personal information. To learn more about your California privacy rights, visit: CCPA-notice-for-California-residents
California Online Privacy Protection Act Notice
On September 27, 2013, California enacted A.B. 370, amending the California Online Privacy Protection Act to require Websites operators like us to disclose how we respond to “Do Not Track Signals”; and whether third parties collect personally identifiable information about users when they visit us. (1) We do not track users, who do not interact with its sharing functionality across the web, and therefore do not use “do not track” signals. (2) We do not authorize the collection of personally identifiable information from our users for third-party use through advertising technologies without separate member consent.
California Civil Code Section 1798.83 also permits our customers 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 to support@Breathtechnologies.com. Please note that we are only required to respond to one request per customer each year.
Personal Information Access and Corrections
Upon receipt of User’s written request and upon Breath Technologies’ receipt of enough information to permit Breath Technologies to identify User’s Personal Information, Breath Technologies will disclose to User the Personal Information Breath Technologies holds about User. Breath Technologies will also correct, amend or delete any inaccurate Personal Information and notify any third-party recipients of the necessary changes. The user may update any information User has given to Breath Technologies by emailing support@Breathtechnologies.com. Requests to delete Personal Information are subject to any applicable legal and ethical reporting or document retention obligations imposed on Breath Technologies.
Notice to Residents of the European Economic Area
If you elect not to provide Personal Information, you may choose not to provide Breath Technologies with your Personal Information. However, if you choose not to provide your Personal Information, you may not be able to use our Services, as the processing of this information is necessary for the performance of our Services.
How to Exercise Your Rights
Breath Technologies takes steps to keep Personal Information accurate and up to date. If User resides in the European Economic Area, they have certain rights to the Personal Information we collected about Users. To exercise your rights to your Personal Information, please contact us at support@Breathtechnologies.com with the subject line GDPR Support. Subject to applicable law and in exceptional circumstances only, we may charge for this service. We will respond to reasonable requests as soon as practicable, and in any event, within the time limits prescribed by law.
User Rights To Lodge a Complaint Before the Data Protection Authority
We encourage Users to contact us directly and allow us to work with you to address concerns. Nevertheless, Users have the right to lodge a complaint with a competent data protection supervisory authority, particularly in the EU Member State where they reside, work, or the place of the alleged infringement. Users have the right to do so if they consider that the processing of Personal Information relating to the User infringes Applicable data protection laws.
Changes to this Notice to Residents of the European Economic Area
To enhance our Services, it might be necessary to change this Notice to Residents of the European Economic Area from time to time. We, therefore, reserve the right to modify this Notice to Residents of the European Economic Area in accordance with the applicable data protection laws. Please visit our Websites occasionally for information on updates to this Notice to Residents of the European Economic Area.
How to contact us or our privacy office as a Resident of the European Economic Area
In case of questions about the processing of your Personal Information, please contact us at support@Breathtechnologies.com. If we are required under applicable law to appoint a data protection officer (DPO), you can contact the DPO responsible for your country/region at support@Breathtechnologies.com.
Our Accountability/Dispute Resolution
Breath Technologies Service: International Users
In the event Breath Technologies goes through a business transition, such as a merger, acquisition by another organization, or sale of all or a portion of its assets, the User’s Personal Information might be among the assets transferred. User will be notified via this website of any such change in ownership or control of the User’s Personal Information.