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, any website linking to this Privacy Policy that is owned and operated by Optinose, and any mobile or desktop application or other future platform or offering that we may develop in the future (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 REGULARLY REVIEW THIS PRIVACY POLICY 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.

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. 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.

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 any information that may reasonably identify you. Personal information does not include de-identified or aggregate information, certain publicly available information, and information covered by certain sector-specific privacy laws, such as protected health information under Health Insurance Portability and Accountability Act of 1996 (“HIPAA”).

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 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, content you view, 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, web beacons, and other similar technologies. To learn more about how we and our third-party service providers 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 tracking technologies; 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, marketing vendors or advertisers, research partners, and government entities. You may give us permission to access your information from services offered by third parties. The information we obtain from third party services may be affected by 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.

What Personal Information We Collect About You
Currently and in the preceding 12 months, Optinose has collected the following categories of personal information:

Please refer to “How We Disclose Your Personal Information” for categories of third parties to whom we may disclose your information.

Optinose does not sell personal information and has not done so in the preceding 12 months.

How We Use Your Personal Information
We may use personal information collected through the Services for the purposes described below.
Business Operations—For conducting routine and regular business operations such as:

• To provide the information, product, or service requested by you or as reasonably expected given the context in which with the personal information was collected;
• To provide, operate, maintain, and improve our Services;
• For identity and credential management, including identity verification and authentication, system and technology administration;
• To protect the security and integrity of our Services, networks, systems, and data, including detecting, resolving, and preventing security threats and fraud;
• For legal and regulatory compliance, including all uses and disclosures of personal information that are required by law or reasonably needed for compliance with company policies and procedures, for corporate governance and internal auditing, investigating, and reporting,
• For compliance with civil, criminal, regulatory, or similar legal or investigatory processes and inquiries;
• To assess, exercise, or defend the legal rights of Optinose and its employees, affiliates, customers, contractors, agents, or other third parties;
• To comply with applicable tax, health and safety, anti-discrimination, immigration, labor and employment, and social welfare laws;
• To enforce our contracts, including the Terms of Use, and to protect against injury, theft, legal liability, fraud or abuse, to protect people or property, including physical security programs;
• To de-identify data or create aggregated datasets, such as for consolidating reporting, research, or analytics;
• To make back-up copies for business continuity and disaster recovery purposes; and
• To evaluate or conduct a merger, divestiture, restructuring, reorganization, dissolution, or other sale or transfer of some or all of our assets, whether as a going concern or as part of bankruptcy, liquidation, or similar proceeding, in which personal information held by us about our customers is among the assets transferred.

Human Resources—For determining eligibility to work, administering pay and benefits, offering accommodations for health and other conditions, managing holiday, sick leave and any other absences like family leave; emergency contact and beneficiary information; managing business expenses and travel, such as a credit card account for business meals or traveler information; making decisions about your ongoing employment with us (e.g., salary, promotions) and the terms and conditions that will apply to it; performance management and appraisal; processing for vetting and verification purposes to determine suitability for a particular role; identifying and assessing candidates for positions with us, managing recruitment, evaluating applications, and on-boarding and retention processes; authenticating and monitoring access to our buildings, systems, information, and networks (e.g., employee badges); maintaining personnel records.
Market Research—To administer and analyze surveys and other market research.
Marketing—To develop, personalize and execute sales, marketing and customer relationship management including the delivery of programs and materials.
Personnel Services—To identify you; communicate with you; help others identify and communicate with you, for instance, to offer you services (including educational opportunities, products that may be useful to you at work, etc.), including for business development and training; to market your services; maintain a company directory and offering functions, events, and education; to determine what information may be of interest to you.
Relationship Management—To respond to your requests or concerns, to improve the content of the Services, to customize the Services to your preferences, to analyze use of our products and the Services, to communicate information to you, to identify and manage potential business partnerships, offer educational or promotional activities and materials; to support, facilitate and arrange for travel for Optinose programs; and to develop and manage patient engagement activities and patient support programs
Research & Development—For staffing, facilitating, conducting, and managing clinical trials, including prospectively vetting potential participation by investigators and investigative sites in clinical trials and other research and development activities and facilitating the delivery of product to patients participating in clinical trials.

Lawful Bases for Processing
We rely on the following lawful bases to process your personal information:
Consent
We may obtain your consent to process your personal information in certain circumstances, which may include when you elect to receive information from us. We may also rely upon our legitimate interest in developing our business as a basis for sending you marketing information and information about the Services.
Performance of a Contract
We rely on this lawful processing ground when we process your personal information to perform a contract we have with you, or when we take steps in anticipation of entering into a contract with you, for example in connection with the provision of the Services to you and the management of our relationships with third parties.
Compliance with a Legal Obligation
We rely on this lawful processing ground when we process your personal information to meet legal and regulatory obligations that apply to us.
Legitimate Interests
We rely on this lawful processing ground when we process your personal information to provide the Services, to respond to specific requests, to manage our business operations, to manage our relationships with you and with third parties in connection with our business, and when we provide you with marketing information or other information in relation to the Services which we believe may interest you.

If you wish to have more information regarding the legitimate interests we rely on, please contact us at dataprivacy@optinose.com.

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. We also may disclose personal information you provide through the Services to third parties that are not Optinose affiliates, such as:

• to parties we work with to support our business, such as auditing and accounting firms, professional services consultants, providers of data hosting, storage, and analytics services, and IT and security vendors, 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
• to third parties who deliver our communications such as the postal service and couriers;
• 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;
• to respond to and cooperate with requests from law enforcement or government agencies;
• to third parties in the context of a legal proceeding or other legal or regulatory process, such as a subpoena.
• if you have consented to the disclosure.

Your Data Subject Rights
You may have rights (“Data Subject Rights”) with respect to the personal information that we collect or process about you, however, these rights differ depending on your place of residence, including the European Union, the United Kingdom, California, Virginia, Colorado, Connecticut, Utah, and other jurisdictions that have enacted privacy legislation. Please note that we reserve the right to honor your Data Subject Rights to the extent required by applicable law.

• Right to Confirm Processing, Access, and/or Obtain a Copy (referred to in some places as a Data Subject Access Request): If you ask us, we will confirm whether we are processing your personal information. Additionally, upon request, we will provide you with a copy of all personal information you are lawfully entitled to receive, potentially including specific pieces of information, along with certain other details.
• Right to Amend: If you believe your personal information is inaccurate or incomplete, you may request that we correct it.
• Right to Delete: You may request that we delete your personal information, but please note that this right is limited and subject to certain exceptions as prescribed by applicable law.
• Right of Portability: You may request that we move, copy, or transfer the electronic personal information that we hold about you to another organization.
• Right to Revoke Consent and/or Opt Out of Certain Processing Activities: You may ask us to restrict or stop the processing of your personal information. This includes general requests and requests in specific contexts, such as if we process personal information that is considered “sensitive” under applicable U.S. state laws or engage in certain automated decision-making activities.
• Right to Opt Out of Targeted Advertising: Targeted advertising is the practice of serving you tailored advertisements based your personal information gathered over time and across other businesses, websites, applications, or services. We do not currently engage in this practice.
• Right to Opt Out of Sales: Some states may consider certain data sharing arrangements, including targeted advertising, a “sale” of personal information. We do not currently “sell” your personal information.
• Right to Non-Discrimination: We will not discriminate against you for exercising Data Subject Rights, but we may charge a reasonable fee as permitted by law in fulfilling these rights, such as if you request multiple copies of your personal information.
• Right to Appeal: If we deny your request to exercise a Data Subject Right, you may have the right to appeal the decision with us. If you would like to appeal a prior decision, please be sure to include information about your prior request so that we may locate our earlier determination. 
• Right to Lodge a Complaint: You may submit a complaint to the competent supervisory authority in the country or state in which you live if you have any concerns about our processing of your personal information.

How to Exercise Your Data Subject Rights
If you wish to make a request to exercise a Data Subject Right, please click or call us at 833-286-6450, or follow the other instructions under “Contact Us”.

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, such as by confirming your most recent interaction with us, if applicable. We will only use personal information provided in connection with a rights request under applicable law to review and comply with the request. If we are unable to verify your identity, we may decline a request to exercise rights in accordance with applicable law.

Only you or your authorized agent may submit a request related to your personal information. To make a request on your behalf, an authorized agent may contact us here and include proof of your written and signed permission to do so. Note that Optinose may also require you to verify your identity directly with us and confirm that you gave permission to the authorized agent.

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 not be able to honor your request, for example, if we need to retain certain personal information to comply with our legal obligations or for other permitted purposes.

Submissions
Your feedback and comments regarding our company, products, and services are valuable to us. 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 other workforce members (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 do 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. If you are under the age of 13, please do not submit any personal information through the Services. If you have reason to believe that we may have accidentally received personal information from an individual under age 13, please contact us immediately at dataprivacy@optinose.com. All users must be at least 18 years of age in order to use the Services.

Additional Information for California Residents
Optinose collects “personal information” as defined by the California Consumer Privacy Act (CCPA), which is information that identifies, relates to, describes, is reasonably capable of being associated with, or could reasonably be linked, directly or indirectly, with a particular consumer or household.

In the past 12 months, Optinose collected and disclosed the specific types and categories of personal information indicated above in “What Personal Information We Collect About You” for the purposes indicated above in “How We Use Your Personal Information.” The following types of personal information listed above are considered “sensitive” personal information according to the CCPA: racial or ethnic origin, genetic data, biometric data, personal information concerning your health, precise geolocation, and the contents of your messages and interactions with our customer service providers. We do not use or disclose sensitive personal information for purposes other than those specified by the CCPA. The categories of sources that we collect personal information from is described in “What Personal Information We Collect About You” and the categories of third parties that we have disclosed such information to is indicated above in “How We Disclose Your Personal Information.”

We do not “sell” or “share” personal information according to the CCPA, and we do not have actual knowledge that we “sell” or “share” personal information of consumers under the age of 16 years old.

Additional Information for Nevada Residents
Although Optinose does not sell personal information, Nevada residents may have the right to opt-out of the any future sale of personal information we have collected or will collect. To make such a request, please email us at  dataprivacy@optinose.com

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 and our third-party vendors use cookies, tags, beacons, and similar tracking technologies 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. These tracking technologies gather information over time and across different websites about you, some of which may be personal information. Specifically, we use Google Analytics. The Google Analytics opt-out policy is available here.

If you wish to amend your cookie preferences for our website, you can do this through your browser settings or through the cookie banner settings on our website. Your browser’s ‘help’ function will tell you how to do this. You may also manually delete your cookies here. Note that blocking or disabling 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. However, our Services may recognize certain universal opt-out mechanism, such as the Global Privacy Control, which provides a method to opt out of the automatic collection of information and other processing activities. You may set such a signal through your browser or browser extension. Visit the following website, here, for more information.

How Long We Keep Personal Information
Personal Information will be saved for a period of time needed to fulfill legitimate and lawful business purposes in accordance with our record retention policies and applicable laws and regulations. When determining the appropriate retention period for personal information, we take into account various criteria, such as the amount, nature, and sensitivity of the personal information, potential risk of harm from unauthorized use or disclosure, purposes for which we process your personal information, whether we can achieve those purposes through other means, and our business operations and legal requirements.

Contact Us
If you have any questions about this Privacy Policy or would like to request to exercise a Data Subject Right, please contact us at:
1020 Stony Hill Road, Suite 300
Yardley, Pennsylvania 19067
Email: dataprivacy@optinose.com
Ph.:  833-286-6450
You may also make a complaint to your local data protection authority.

Changes to This Privacy Policy
Please note that Optinose reserves the right to revise this Privacy Policy at any time at our sole discretion. We will notify you in accordance with law, which may include email or other notice posted to the Services. Any changes will be effective immediately upon posting to the Services. Therefore, you are urged to regularly review the Privacy Policy 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 April 30, 2024.