Privacy Policy

This Privacy Policy describes how OptiNose US, Inc. (“Optinose”, “we”, “us”, “our”) may collect, use and share the information you provide us and the information we collect about you in the course of operating our business, including in association with your use of  this website and any website linking to this Privacy Policy that is owned and operated by Optinose (collectively, the “Services”).

BEFORE ACCESSING THE SERVICES, PLEASE READ THIS PRIVACY POLICY CAREFULLY. BY ACCESSING THE SERVICES, YOU SIGNIFY YOUR AGREEMENT TO THIS PRIVACY POLICY. IF YOU DO NOT AGREE TO THIS PRIVACY POLICY, PLEASE DO NOT USE THE SERVICES. YOU SHOULD REVIEW THIS POSTING OF THE PRIVACY POLICY EACH TIME YOU ACCESS THE SERVICES AS THE POLICY MAY CHANGE AT ANY TIME AT OUR SOLE DISCRETION, AND YOUR USE OF THE SERVICES AFTER SUCH CHANGE WILL SIGNIFY YOUR ACCEPTANCE OF THE CHANGED TERMS.

For those who reside in California, please see “Additional Information for California Residents.”

How We Collect Your Personal Information

As used in this Privacy Policy, “personal information” is information that identifies, relates to, describes, is capable of being associated with, or could reasonably be linked, directly or indirectly, with a particular consumer or household. We may collect the following categories of information from and about you:

  • Identifiers, such as your name, e-mail address, phone number, and postal address;
  • Demographics, such as your gender, income level, or age;
  • Online activity information, such as your IP address or browsing history;
  • Location information that you provide or that we collect via your device, subject to your settings;
  • Inferences regarding your preferences or other characteristics;
  • Transaction information, such as your password and purchase histories;
  • Audio, electronic, visual, thermal, olfactory, or similar information, such as photographs or voice recordings;
  • Professional information, such as employer or job title; and
  • Education information.

We may collect personal information about you from a variety of sources, including:

  • From you: We collect information that you submit to us. For example, some of our Services ask you to submit personal information in order for you to benefit from the specified features or to participate in a particular activity. On the registration screen for such feature or activity, we clearly label which information is required for registration or participation, and which information is optional and may be given at your discretion. You may always refuse to provide information to us, but this may lead to our inability to provide you with certain information, products or services or for you to participate in certain activities.
  • From your devices:  When you use our Services, we may collect information about the devices you use to access the Services, including hardware model, operating system and version, Internet Protocol (“IP”) address and other unique device identifiers, mobile network information, and information about the device’s interaction with our Services.  We also collect information about how you use our Services, including your access times, browser types, and language. This type of data enables us to understand how often individuals use parts of the Services so we can analyze and improve them. To collect this information, we use cookies and web beacons, and other similar technologies. To learn more about how we automatically receive and record information when you interact with the Services, please see the section “Cookies, Tracking, & Third-Party Advertising” below. Note that this Privacy Policy covers only how we use information collected via cookies; it does not cover the use of such information by third parties.
  • From third parties: We may obtain information about you or your use of the Services from third parties and sources, such as our vendors, like web hosting providers, analytics providers, or advertisers. You may give us permission to access your information from services offered by third parties. The information we obtain from third party services depends on your account/privacy settings with those third parties and the third parties’ privacy policies, so be sure to check those policies and to adjust your settings to meet your preferences. When you access the Services through third-party platforms, you are authorizing Optinose to collect, store and use such information and content in accordance with this Privacy Policy. Please keep in mind that any information provided to us by a third party may also be subject to that third party’s privacy policy.

 

How We Use Your Personal Information

We may use personal information collected through the Services to improve the content of the Services, to customize the Services to your preferences, to communicate information to you, for our marketing and other purposes (see below), as well as for any other purpose specified and communicated to you. We may also use your personal information to comply with our legal obligations and enforce agreements, as required and/or allowed by applicable law. In some instances, we may remove personal identifiers from personal information and maintain it as non-personal information. We also may combine non-personal information with personal information. If we do combine any non-personal information with personal information, the combined information will be treated as personal information under this Privacy Policy as long as it is so combined.

 

How We Disclose Your Personal Information

The personal information you provide to us is generally used for our purposes, but we may disclose personal information you provide through these Services to other Optinose affiliates that agree to treat it in accordance with this Privacy Policy. We also may disclose personal information you provide through the Services to third parties that are not Optinose affiliates, such as:

  1. to agents, contractors and partners we use to support our business for example to provide IT services, for recruitment etc., in which case we will seek to restrict such third parties’ use of such data to the purposes for which it has been provided, and commit them to comply with applicable data privacy standards. However, Optinose shall not be responsible for third parties’ unauthorized uses, disclosures or other violations of this Privacy Policy or any other rights of users of these Services; or
  2. to a purchaser or successor entity in connection with the sale, merger, assignment, or other transfer of Optinose or any of its affiliates, or line of business or product of Optinose or any of its affiliates, or sale of substantially all of the assets of Optinose or any of its affiliates; or
  3. to respond to law enforcement requests or where we determine in good faith that disclosure is required by applicable laws, court orders or government regulations; or
  4. to enforce our Terms of Use; to protect our operations; to protect the rights, privacy, safety or property of Optinose, you or others; or to permit us to pursue available remedies or limit the damages that we may sustain; or
  5. if you have consented to the disclosure.

Specific Services may include additional or different provisions relating to the collection, use and disclosure of personal information. In the event of a conflict between such provisions and this Privacy Policy the terms for such specific Services shall govern.

We may disclose the following categories of personal information for our business purposes:

  • Identifiers;
  • Demographics;
  • Online activity information;
  • Location information;
  • Inferences regarding preferences or other characteristics;
  • Transaction information;
  • Biometric information;
  • Audio, electronic, visual, thermal, olfactory, or similar information;
  • Professional information; and
  • Education information

We have not sold consumer personal information in the preceding 12 months.

 

Submissions

Your feedback and comments regarding our company, products and services are valuable to us. Any information that you submit to us through the online inquiry form located in the “Contact Us” section of the Services or through email is not secure and shall be deemed PROVIDED ON A NON-CONFIDENTIAL BASIS. We will be free to use, for any purpose whatsoever, any feedback, comments or other information you provide as further set forth in our Terms of Use.

 

Personal Information Protection

We take appropriate technical and organizational measures designed to prevent unauthorized intrusion to the Services and the alteration, acquisition or misuse of personal information. We also maintain physical and electronic safeguards that limit access to your personal information to our employees (and others working on our behalf under confidentiality agreements), who through the course of standard business activities, need to access your personal information. Despite our efforts to protect your personal information, there is always a risk that an unauthorized third party may circumvent such procedures or that transmissions of your information over the Internet may be intercepted. The confidentiality of any communication or material transmitted to or from us via the Services or via email cannot be and is not guaranteed. Therefore, we will not be responsible for loss, corruption or unauthorized acquisition or misuse of personal information that you provide through the Services or that is stored by us, or for any damages resulting from such loss, corruption or unauthorized acquisition or misuse.

 

Other Websites

The Services may contain links or references to other websites. Please be aware that we do not control and are not responsible for these linked websites and that this Privacy Policy does not apply to those websites. It is possible that these links may be used by third parties or others to collect personal or other information about you. We encourage you to read the privacy policy of every website you visit.

 

About Children

The Services are not intended for children under the age of 13. We will not knowingly collect personal information through the Services from visitors in this age group and if we learn we have collected personal information from a child under 13 we will delete that information. All users must be at least 18 years of age in order to use the Services.

 

Correction of and Deletion of Personal Information

In certain circumstances and jurisdictions you may be entitled to access the personal information we hold about you and to exercise certain additional rights, including to rectify inaccurate personal information about you, to request that we restrict our processing of your personal information, to request that we delete your personal information and to data portability in certain circumstances. If you believe these rights are available to you, and would like to exercise any of your rights in relation to your personal information, please contact us at dataprivacy@opti-eus-optinose-com.azurewebsites.net. If you request that we delete your personal information, please note that we may need to retain certain personal information for record-keeping purposes and to comply with the law. If you are a California Resident, please see the section “Additional Information for California Residents” below.

Except in limited circumstances, we are not responsible for removing personal information from the databases of third parties with whom we have already shared your personal information and shall not be responsible for any damages resulting from the loss, corruption or unauthorized acquisition or misuse of such personal information by third parties.

 

Additional Information for California Residents

IF YOU ARE NOT A CALIFORNIA RESIDENT THIS SECTION DOES NOT APPLY TO YOU.

California law grants its residents certain rights regarding the collection and use of their personal information. Subject to certain limitations, California residents have the following rights:

  • Right to Notice. You have the right to receive notice about the categories of personal information we have collected about you within the last 12 months, as well as the categories of sources from which such information is collected, the purpose for collecting such information and the categories of third parties with whom we share such information. You also have the right to know if we have sold or disclosed your personal information.
  • Right to Access.  You have the right to request that we disclose or provide you with access to the specific pieces of personal information we have collected about you in the preceding 12 months.
  • Right to delete. You have the right to request the deletion of your personal information, subject to certain exceptions.
  • Right to non-discrimination. You have the right to not be discriminated against for exercising any of the above-listed rights. We may, however, provide a different level of service or charge a different rate reasonably relating to the value of your personal information.

 

If you are a California resident and would like to exercise your rights, please submit your request at dataprivacy@opti-eus-optinose-com.azurewebsites.net or call us at 833-286-6450. Please note that we may require additional information from you in order to honor your request, and there may be circumstances where we will not be able to honor your request. For example, if you request deletion, we may need to retain certain personal information to comply with our legal obligations or other permitted purposes.

When submitting your request, please indicate your relationship with us as well as your specific request with enough information to allow us to understand and respond appropriately. We may request additional personal information from you in order to verify your identity.  We will only use personal information provided in connection with a rights request under California law to review and comply with the request.  If we are unable to verify your identity, we may decline a request to exercise rights under California law.

 

Consent to Transfer

The Services are operated in the United States and are intended for U.S. residents only. If you are located outside of the United States, please be aware that any information you provide to us will be transferred to the United States. This means that if you are accessing the Services outside of the United States, we will transfer your information outside of your jurisdiction to the United States which may not have equivalent laws and rules regarding personal information as your country of residence. By using the Services or providing us with your information you acknowledge that your personal information will be transferred across national borders, including to the United States. If you are an EU resident you should note that to govern the transfer of your personal information from the EU/EEA to recipients outside of the EU/EEA, including to the United States, we have entered into standard data protection contractual clauses which have been adopted by the European Commission. If you would like to receive such standard data protection contractual clauses please see the section “Contact Us” below to request a copy.

 

Cookies, Tracking, & Third-Party Advertising

We use cookies, tags, and beacons on our Services in order to offer you a full range of functions and to make the use of our Services more convenient for you. Cookies are small pieces of text sent by your web browser by a website you visit. A cookie file is stored in your web browser and allows the website or a third party to recognize you and make your next visit easier and the website more useful to you. Pixel tags are electronic images that may be associated with cookies.  Specifically, we use Google Analytics. The Google Analytics opt-out policy is available here.

For more information about how targeted advertising works, you can visit the Network Advertising Initiative’s (“NAI”) educational page here. If you wish to amend your cookie preferences for our website or any other websites, you can do this through your browser settings.  Your browser’s ‘help’ function will tell you how to do this. If you do not want the benefit of cookies, there is a simple procedure to manually delete your cookies here. Additionally, you can opt out of some of these services by visiting the Digital Advertising Alliance’s opt-out portal here. Note that blocking certain types of cookies may result in a deterioration of the website experience and the services we provide.

We do not respond to web browser “do not track” signals or other mechanisms that provide a method to opt out of the collection of information across the networks of websites and online services in which we participate. If we do so in the future, we will describe how in this Privacy Policy. Visit here for more information on this developing area.

 

Contact Us

If you have any questions about this Privacy Policy or our privacy practices, please contact Optinose’s Chief Compliance Officer at:

1020 Stony Hill Road, Suite 300
Yardley, Pennsylvania 19067
Email: dataprivacy@opti-eus-optinose-com.azurewebsites.net

 

Changes to This Privacy Policy

Please note that Optinose reserves the right to revise this Privacy Policy at any time at our sole discretion. Any changes will be effective immediately upon posting to these Services. Therefore, you are urged to review the Privacy Policy each time you access these Services to ensure that you are familiar with the most current version. Use of the Services following such modification constitutes your agreement to the revised Privacy Policy then in effect.

This Privacy Policy was last updated on January 5, 2020.