Simply Wound Care Mobile App Privacy Notice
Effective Date and Last Updated: September 12, 2023
This Privacy Notice (“Notice”) is provided by Hartmann USA, Inc., the owner of Simply Wound Care, (referenced throughout this Notice as “SWC,” “we,” “our,” or “us”) to describe the Personal Information we collect, how we use it, with whom we share it, and the choices available regarding our use of the information. Personal Information is information relating to you that enables us to identify you, for example, your name, email address, and information about your access to the Application (defined below). We also describe the measures we take to protect the security of the information and how to contact us about our privacy practices. This Notice applies to our mobile application (the “Application”). By accessing, browsing, or using the Application, you expressly consent to the collection, use, storage, processing, and disclosure of your information, including Personal Information, as described in this Notice. Additional information for California residents can be found in this Notice. IF YOU DO NOT AGREE WITH THIS NOTICE, DO NOT ACCESS OR USE THE APPLICATION.
PLEASE BE AWARE THAT THE APPLICATION AND ALL ASSOCIATED SYSTEMS ARE HOUSED ON SERVERS IN THE UNITED STATES. IF YOU ARE LOCATED OUTSIDE OF THE UNITED STATES, INFORMATION WE COLLECT ARE PROCESSED AND STORED IN THE UNITED STATES, WHICH MAY NOT OFFER THE SAME LEVEL OF PRIVACY PROTECTION AS THE COUNTRY WHERE YOU RESIDE OR ARE A CITIZEN. BY USING THE APPLICATION AND PROVIDING INFORMATION TO US, YOU CONSENT TO THE TRANSFER TO AND PROCESSING OF THE INFORMATION IN THE UNITED STATES.
1. THE PERSONAL INFORMATION WE MAY COLLECT
Depending on the type and level of engagement you have with us, we may collect information from you directly, automatically as you interact with the Application, or from third parties.
Information You Provide To Us
Based on your use of the Application, we may receive and store information you provide directly to us. For example, when registering an account, we may collect Personal Information, such as your first and last name, email address, telephone number, state of residence or work, profession, place of work, and role. We may collect any Personal Information that you choose to send to us or provide to us, for example, through our “Contact Us” feature. Also, if you contact us through the Application, we will keep a record of our correspondence.
Information We May Collect about Your Interaction with the Application
We collect additional information about your interaction with the Application. For example, we may receive certain information, such as your device or user ID, geographic location, your in-Application preferences (such as language), usage data (such as access times and duration in the Application), and features of the Application that you engage with.
Information We May Collect From Third Parties
We may also receive Personal Information about you from our third party Service Providers.
2. HOW WE COLLECT YOUR PERSONAL INFORMATION
We may collect your Personal Information in one of the following ways:
- When you visit our Application;
- When you create a registered account with us;
- When you contact us with questions or comments; and
- When you otherwise engage with us.
3. HOW WE USE YOUR PERSONAL INFORMATION
We may use the information we collect from and about you on and through the Application for any of the following purposes:
- to operate our business and provide the Application;
- to manage our relationship with you and respond to your requests and inquiries;
- to contact you and to communicate with you about your use of the Application and your account;
- to notify you about important changes to our Application;
- to review your Application usage;
- to provide you with information and materials about our products and services;
- to address problems with the Application;
- to protect the security or integrity of our Application, our users, and our business;
- to communicate with you regarding features offered on the Application;
- to conduct business analytics;
- to comply with legal obligations (in response to a subpoena or other legal process by a governmental entity or third-party if otherwise required by law) and our internal policies; and
- to personalize and improve our Application and your overall experience.
We may use the information we collect about you in other ways, which we will tell you about at the time we collect it or before we begin using it for those other purposes.
We may use aggregated or anonymized information for any lawful purpose, including, but not limited to analyzing trends, administering the Application, tracking users’ movements on the Application, and for management and improvement of the Application. We may also use this information to monitor aggregate metrics such as total number of visitors or features viewed; or to track engagement in any interactive portion of the Application. We may also combine anonymized information with Personal Information collected from other sources.
4. HOW WE SHARE YOUR PERSONAL INFORMATION
We sometimes share your Personal Information with third parties who act on our behalf and other businesses.
We may also share your information with other third parties, including:
- Business Partners;
- Advertising networks to send you generalized and tailored marketing and advertising communications;
- Service providers that help us operate our business (includinginformation technology service providers, data analytics providers that help us understand how you use our Application and to improve our Application, cloud storage providers, and software providers);
- Government entities and law enforcement in response to court orders, lawsuits, subpoenas, and government requests;
- buyers or other parties involved in a corporate transaction if we decide to sell or transfer all or part of our business; and
- Professional advisers (including our legal representatives, bankers, accountants, auditors, insurance brokers, etc.).
Please note that these third parties may retain a record of the information that we provide to them for this purpose.
We may send you marketing communications through the Application by push notification, if you have created an account with us. You will always have full control of your marketing preferences. If you do not wish to continue receiving marketing information from us, you can unsubscribe or opt-out at any time by changing the push notification settings on your mobile device.
6. DISCLOSURES TO CALIFORNIA RESIDENTS
This Section of the Notice only applies to consumers who reside in the State of California.
A. Personal information we collect about California residents
We collect information that identifies, relates to, describes, references, is reasonably capable of being associated with, or could reasonably be linked, directly or indirectly, with a particular consumer or household.
We have collected and shared the following categories of Personal Information from or about residents within the last 12 months:
- Identifiers and Personal Information for example, a real name, alias, postal address, unique personal identifier, online identifier, Internet Protocol address, email address, account name, social security number, driver’s license number, passport number, or other similar identifiers.
- Personal information described in Cal. Civil Code § 1798.80(e) for example, a real name, signature, social security number, physical characteristics or description, address, telephone number, passport number, driver’s license or state identification card number, insurance policy number, education, employment, employment history, bank account number, credit card number, debit card number, or any other financial information, medical information, or health insurance information.
- Internet or other electronic network activity information for example, browsing history, search history, and information regarding a consumer’s interaction with an internet website application, or advertisement.
- Geolocation data if you share it with us.
- Professional or employment-related information such as your place of work or institution you represent.
We do not and have not sold personal information in the past 12 months.
B. Sources of Personal Information Collection
The sources from which we collect Personal Information are described in Section 1 above.
C. Use of personal information
The business or commercial purposes for which we use your Personal Information are described in Section 3 above.
D. Disclosures of personal information
The categories of third parties to whom we may disclose Personal Information are described in Section 4 above.
E. Your California privacy rights
Right to Access Specific Information and Data Portability Right: You have the right to request that we disclose certain information to you about our collection and use of Personal Information over the past twelve (12) months. Once we receive and confirm your verifiable consumer request, we will disclose to you:
- The categories of Personal Information we collected about you.
- The categories of sources for the Personal Information we collected about you.
- Our business or commercial purpose for collecting or selling that Personal Information.
- The categories of third parties with whom we share that Personal Information.
- The specific pieces Personal Information we collected about you (also called a data portability request).
- If we disclosed Personal Information for a business purpose, the business purpose(s) for which Personal Information was disclosed and the Personal Information categories that each category of recipient obtained.
Right to Correct Information: You have the right to request we update Personal Information about you that is incorrect in our systems.
Right to Delete: You have the right to request that we delete the Personal Information that we have collected from you, subject to certain exceptions. We will use commercially reasonable efforts to honor your request, in compliance with applicable laws. Once we receive and confirm your verifiable request, we will delete (and direct our service providers to delete) the Personal Information from our records, unless an exception applies. Please note, however, that we may need or be required to keep such information for our legitimate business purposes or to comply with applicable law.
Right to Opt Out of the Sale or Sharing of Personal Information: We do not "sell" the personal information we collect (and will not sell it in the future without providing a right to opt out). You have the right to opt out of the disclosure of personal information about you for consideration and the sharing of personal information about you. To opt out, you can adjust your mobile device settings to limit advertising via the Application. You can also visit the opt-out tools provided by the Network Advertising Alliance and the Digital Advertising Alliance.
Right to Non-Discrimination: We will not discriminate against you for exercising any of your rights.
F. Exercising your rights
You may request to exercise these rights by using any of the contact methods provided in Section 11 below.
Only you or a person registered with the applicable Secretary of State that you authorize to act on your behalf may make a verifiable consumer request related to your Personal Information.
For all requests, please clearly state that the request is related to “Consumer Privacy Rights,” indicate which type of request you are making, and provide your name, email address, and telephone number where we may contact you. We are not responsible for notices that are not labeled or sent properly or that do not include complete information.
You may only make a verifiable consumer request for access or data portability twice within a 12-month period. The verifiable consumer request must:
- Provide sufficient information that allows us to reasonably verify you are the person about whom we collected Personal Information or an authorized representative. We will verify your request by asking you to provide information related to your interactions with us. We will not ask for Personal Information from you that we would not otherwise maintain as part of providing our Services.
- Describe your request with sufficient detail that allows us to properly understand, evaluate, and respond to it.
We cannot respond to your request or provide you with Personal Information if we cannot verify your identity or authority to make the request and confirm the Personal Information relates to you. Making a verifiable consumer request does not require you to create an account with us. We will only use Personal Information provided in a verifiable consumer request to verify the requester’s identity or authority to make the request.
We endeavor to respond to a verifiable consumer request within 45 days of its receipt. If we require more time (up to 90 days), we will inform you of the reason and extension period in writing. We will deliver our written response electronically. Any disclosures we provide will only cover the 12-month period preceding the receipt of the verifiable consumer request. The response we provide will also explain the reasons we cannot comply with a request, if applicable. For data portability requests, we will select a format to provide the Personal Information that is readily usable and should allow you to transmit the information from one entity to another entity without hindrance.
We do not charge a fee to process or respond to your verifiable consumer request unless it is excessive, repetitive, or manifestly unfounded. If we determine that the request warrants a fee, we will tell you why we made that decision and provide you with a cost estimate before completing your request.
To appeal a decision regarding a consumer rights request, please submit your appeal by email, telephone, or postal mail. Your appeal should include an explanation of the reason you disagree with our decision. Within 60 days of receipt of an appeal, we will inform you in writing of any action taken or not taken in response to the appeal, including a written explanation of the reasons for the decisions.
G. Retention of Personal Information
Except as expressly stated in this Notice, we retain Personal Information for as long as necessary to provide the Services and fulfill your requests, or for other business purposes, such as complying with our legal obligations, resolving disputes, and enforcing our agreements. We decide how long we need Personal Information on a case-by-case basis. We may consider the following factors when making retention decisions:
- Whether we are required by law to keep some types of Personal Information for certain periods of time to comply with our legal obligations; and
- Whether we need some of your Personal Information for other business purposes, such as to prevent harm and ensure safety and security of our Services investigate possible violations of our terms and conditions of use, or protect ourselves.
If we determine your Personal Information is no longer necessary using the factors above, we will generally destroy or anonymize the information.
7. LINKS TO OTHER WEBSITES AND THIRD PARTIES
8. SECURING YOUR DATA
We maintain reasonable safeguards for our Application designed to protect against loss, misuse, unauthorized access, disclosure, alteration or destruction of the information we collect, including, but not limited to, role-based access controls to ensure Personal Information access is limited only to authorized users. Despite these efforts, no method of transmission over the internet or method of electronic storage is 100% secure. Therefore, we cannot guarantee the absolute security of your Personal Information.
You are responsible for maintaining the security of your account credentials for the Application. SWC will treat access to the Application through your account credentials as authorized by you. Unauthorized access to password-protected or secure areas is prohibited and may lead to criminal prosecution. We may suspend your use of all or part of the Application without notice if we suspect or detect any breach of security. If you believe that information you provided to us is no longer secure, please notify us immediately using the contact information provided in this Notice.
While our website is designed for a general audience, we will not knowingly collect any data from children under the age of 18 or sell products to children.
Please do not attempt to sign up for our services, create an account or send any Personal Information about yourself to us. If we learn that we have collected Personal Information from someone under age 18, we will delete that information as quickly as possible. If you believe that someone under age 18 may have provided us Personal Information, please email firstname.lastname@example.org. Our privacy team will act upon this information as quickly as possible.
10. CHANGES TO THIS NOTICE
We reserve the right to change this Notice at any time, in our sole discretion. We will post changes to the Notice on this page and encourage you to review it each time you visit the Application to stay informed. If we make changes that materially alter your privacy rights, we will take appropriate measures to inform you, consistent with the significance of the changes we make. The updated Notice will govern your use of the Application as of the Effective Date indicated at the top of this Notice. If you do not agree to the updated Notice, you should stop using the Application. Your use of the Application after the Effective Date of the updated version of this Notice will constitute your acceptance of the updated Notice.
11. HOW TO CONTACT US
We welcome feedback and are happy to answer any questions you may have about your data. Please do not hesitate to contact us if you have questions in addition to the information provided in this Notice.
You can contact us using one of the following methods:
Postal Address: Hartmann USA, Inc.
Attn: Simply Wound Care
481 Lakeshore Parkway
Rock Hill SC 29730