WaveOn Health Privacy Policy

This Privacy Policy sets out the general privacy practices and policies of WaveOn Health, Inc. ("us", "we", or "our") in connection with the information, data, documentation, and other materials relating to or about you that is collected, stored, transmitted, maintained, or otherwise interacted with about you in connection with your use of any website that we maintain operate, including, https://www.WaveOnHealth.com (the “Website”), any virtual athletic training service (“Virtual AT”), and any mobile or web-based application that we operate (the “Apps,” collectively with the Website and Virtual AT the "Service").

This Privacy Policy will inform you of our policies regarding the collection, use, and disclosure of personal and non-personal data when you use our Service and the choices you have associated with that data when it is under our control.

As our business changes and grows, this Privacy Policy will also change to reflect our current operations. As part of those changes, we may update or modify this Privacy Policy at any time and without advance notice to you. If you use any of the Services, you should periodically check the Website or Apps for any changes to this Privacy Policy. While we will use reasonable efforts to post a notice when changes are made, a posting may not always be possible. If you continue to use the Services after a change to this Privacy Policy, your continued use will represent your acceptance of any changes that we may make, whether or not we were able to post an advance notice about the changes.

We use your data to provide and improve the Service. By using the Service, you agree to the collection and use of information in accordance with this policy. Unless otherwise defined in this Privacy Policy, terms used in this Privacy Policy have the same meanings as in our Terms and Conditions, accessible from https://www.WaveOnHealth.com.

How We Collect Information You Provide to Us:

We collect and store information in an electronic format that you provide directly to us, including when you register for the Services, submit information and updates about your condition, when you respond to a survey or other information request, contact us with questions or comments, or provide other feedback. This information includes first and last name, email address, and date of birth.

While using our Service, we may ask you to provide us with certain personally identifiable information that can be used to contact, identify you, or enable full use of the Services ("Personal Data"). Personal Data may include, but is not limited to:

Email address
Profile and use information
- For example, picture information, such as to add daily or periodic readiness, monitoring and training information, online performance questionnaires, or otherwise use the Services. Video imaging capture motion-capture, telemedicine or phone or web-based video capture and coaching Serve video images.
Non-medical health information
- May include history muscular performance indicators, stress and sleep, or other indicators. You can withdraw medical health information at any me.

We may use your Personal Data to deliver the Services, contact you with newsletters, marketing or promotional materials and other information that may be of interest to you. You may opt out of receiving any, or all, of these communications from us by following the unsubscribe link or instructions provided in any email we send.

If you do not provide us with information, you will be unable to access and use the Services.

We will not ask for or request information such, as government identifiers, or financial information, except in connection with payment if applicable. Please do not provide this information to us, including through e-mails, feedback forms or otherwise.

Information Collected While Using The Services:

We also collect and store certain technical information when you access, browse and use our Services. This technical information helps us operate our Services and provide access to you, and includes standard information about visits and system capabilities, such as:

information about the device(s) you use to access our Services, including MAC address, IP address, browser type and version, location, time zone setting, browser plug-in types and versions, operating system and platform, device type, and device identifiers;
information about your visits to the Services, including the full URL clickstream to, through, and from the Platform (including date and time);
information we need and use to facilitate your use of our Services (including to provide access to third-party websites and services), such as URL requests, destination IP addresses, or device configuration details;
pages you view, content you select to view, length of time viewing content; and
page response times, download errors, length of visits to certain pages, page interaction information (such as scrolling, clicks, and mouse-overs), your engagement with certain variable/dynamic elements of a page and methods used to browse away from the page.

We may also collect information using cookies and beacons, which use is explained in more detail below.

Information Collected from Other Sources:

On occasion, we may combine or compare data we have collected from you with information collected from other third-party sources and add it to the information you have provided.

Third parties that are unaffiliated with us may also collect information about you, including tracking your browsing history, when you use our Services. We do not have control over these third-party collection practices and advise you to adjust the settings of your browsers or install plug-ins and add-ins if you wish to minimize these third-party collections.

Tracking & Cookies Data:

We use cookies and similar tracking technologies to track the activity on our Service and hold certain information.

Cookies are files with small amount of data which may include an anonymous unique identifier. Cookies are sent to your browser from a website and stored on your device. Tracking technologies also used are beacons, tags, and scripts to collect and track information and to improve and analyze our Service.

You can instruct your browser to refuse all cookies or to indicate when a cookie is being sent.

However, if you do not accept cookies, you may not be able to use some portions of our Service.

Examples of Cookies we use:

Session Cookies. We use Session Cookies to operate our Service.
Preference Cookies. We use Preference Cookies to remember your preferences and various settings.
Security Cookies. We use Security Cookies for security purposes.

How Personal Data and Other Information May Be Used:

WaveOn Health may use any of information it collects for various purposes, which may include:

Providing and maintaining our Service;
Notifying you about changes to our Service;
Allowing you to participate in interactive features of our Service when you choose to do so;
Providing customer support;
Gathering analysis or valuable information so that we can improve our Service;
Monitoring the usage of our Service;
Detecting, preventing, and addressing technical issues;
Processing payments for subscription Users, if applicable;
Conducting business planning, reporting, and forecasting;
Providing you with news, special offers and general information about other goods, services and events which we offer that are similar to those that you have already purchased or enquired about unless you have opted not to receive such information;
Complying with applicable laws and regulations; and
Achieving any other purposes that you may already have or in the future consent to.

In some cases, how we treat and use information will depend on the type of information. Some of the information we collect through your use of our Services or communications with us, such as your name, phone number, e-mail address may personally identify you. We will also treat as Personal Data any non-identifiable information that is combined with Personal Data.

In addition to the uses identified above, we may use your information, including Personal Data, to:

respond to your requests, feedback or questions, including by telephone, text (SMS) or email;
provide you with information about content, products or services, from us or third parties, that may interest you; and send you e-mails about updates, information, or alerts regarding our Services; and
as otherwise permitted under any applicable laws.

We may use technical information or non-Personal Data to:

evaluate and improve our Services and present content in the best way for you and for your device(s);
serve advertisements on or through our Services; and
measure or understand the effectiveness of advertising we serve to you and other users like you, and to deliver relevant advertising to you and other users like you.

We may also combine technical information or non-Personal Data about your use of our Services with similar information that we obtain from other users to use in an aggregate or anonymous manner for similar purposes.

We may use your Personal Data and/or non-Personal Data for research purposes. The use of information for research may utilize de-identified and/or aggregated forms of your Personal Data and/or non-Personal Data. The research may be designed to improve healthcare quality, identify trends or patterns, or other purposes identified in the design of the study. By using our Services, you consent to the use of your Personal Data and non-Personal Data for these purposes. Any use of information for research will be done in accordance with applicable legal or regulatory requirements.

How Personal Data and Other Information May be Shared:

We will not sell your Personal Data to or share your Personal Data with third parties for the third party’s own direct marketing purposes without your express consent.

We may share information, including Personal Data, with our licensors, service providers and agents to the extent reasonably necessary to operate and provide our Services to you. For example, we may work with an athletic group or team that you are on or a school that you attend, which may involve an authorized individual associated with the group, team, or school receiving or being entitled to access to your Personal Data.

Further, we may share any information, including Personal Data with:

our subsidiaries and affiliates;
our service providers and subcontractors to the extent reasonably necessary to enable us operate and provide our Services to you;
a buyer or other successor in the event of 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 Personally Identifiable Information held by us about our Users is among the assets transferred; and
you, upon your written request.

We may also disclose your Personal Data:

to comply with any court order, law, or legal process, including responding to any government or regulatory request;
to investigate potential unauthorized access or misuse of our Services or otherwise enforce our Terms of Service or other agreements;
to protect our assets or rights, including for billing and collection purposes;
if we believe disclosure is necessary or appropriate to protect the rights, property, or safety of Limber, our users or others, including exchanging information with other companies and organizations for the purposes of fraud protection and credit risk reduction; and
for any other purpose disclosed by us when you provide the information.

We may share non-Personal Data, aggregate or anonymous data:

with analytics, search engines, or other service providers that help us improve or assess the performance (including the commercial performance) of, our Services;
with other users or prospective users of the Services; and
to advertisers and advertising networks to select and serve relevant advertisements.

In the event that we receive a request from a governmental entity to provide it with your Personal Data, we will make reasonable attempts to notify you of such request, to the extent reasonably possible and legally permissible.

Retention of Data:

WaveOn Health will retain your Personal Data only for as long as is necessary for the purposes set out in this Privacy Policy. We will retain and use your Personal Data as set out in this Privacy Policy and our Terms of Use as well to the extent necessary to comply with our legal obligations (for example, if we are required to retain your data to comply with applicable laws), resolve disputes, and enforce our legal agreements and policies.

Transfer of Data:

Your information, including Personal Data, may be transferred to — and maintained on — computers located outside of your state, province, country or other governmental jurisdiction where the data protection laws may differ than those from your jurisdiction. Your consent to this Privacy Policy along with your submission of any information represents your agreement to that transfer.

WaveOn Health will take all steps reasonably necessary to ensure that your data is treated securely and in accordance with this Privacy Policy and no transfer of your Personal Data will take place to an organization or a country unless there are adequate controls in place including the security of your data and other personal information.

Security of Data:

The security of your data is important to us but remember that no method of transmission over the Internet, or method of electronic storage is 100% secure. While we strive to use commercially acceptable means to protect your Personal Data, we cannot guarantee its absolute security.

"Do Not Track" Signals:

We do not support Do Not Track ("DNT"). Do Not Track is a preference you can set in your web browser to inform websites that you do not want to be tracked.

You can enable or disable Do Not Track by visiting the Preferences or Settings page of your web browser.

Service Providers:

We may employ third party companies and individuals to facilitate our Service ("Service Providers"), to provide the Service on our behalf, to perform Service-related services or to assist us in analyzing how our Service is used.

These third parties have access to your Personal Data only to perform these tasks on our behalf and are obligated not to disclose or use it for any other purpose.

Analytics:

We may use third-party Service Providers to monitor and analyze the use of our Service.

Behavioral Remarketing:

WaveOn Health uses remarketing services to advertise on third party websites to you after you visited our Service. We and our third-party vendors use cookies to inform, optimize and serve ads based on your past visits to our Service.

Payments:

We may provide paid products and/or services within the Services. In that case, we use third-party services for payment processing (e.g. payment processors).

We will not store or collect your payment card details. That information is provided directly to our third-party payment processors whose use of your personal information is governed by their Privacy Policy. These payment processors adhere to the standards set by PCI-DSS as managed by the PCI Security Standards Council, which is a joint effort of brands like Visa, Mastercard, American Express and Discover. PCI-DSS requirements help ensure the secure handling of payment information.

Links to Other Sites:

Our Service may contain links to other sites that are not operated by us. If you click on a third-party link, you will be directed to that third party's site. We strongly advise you to review the Privacy Policy of every site you visit. We have no control over and assume no responsibility for the content, privacy policies or practices of any third-party sites or services.

Removal or Modification:

If you would like us to remove and/or modify your Personal Data and/or Non-Personal Data, you may make such request by sending an e-mail to support@waveonhealth.com or selecting the appropriate option in the Services, if available. If you request deletion of your account, we may retain some information in our records after deletion of your account, including but not limited to any information or records that we are legally obligated to retain. For a more complete explanation of potential retention requirements, please review all of the terms of this Privacy Policy. If you request modification of your information, we will review your request and determine if modification is required or permissible. Additionally, it may be possible for you to modify your own information by logging into your account. We will process your request within a reasonable time, if the request is for an action that we control.

FERPA Compliance:

To the extent we and any of the Services are subject to any requirements of the Family Educational Rights and Privacy Act and its implementing regulations, as all may be amended from time to time (“FERPA”), we comply with those FERPA requirements. However, not every circumstance or use relating to the Services or our operations is subject to FERPA. If FERPA does not apply, we will respect your privacy as set out in this Privacy Policy.

Children's Privacy:

We do not knowingly collect personally identifiable information from anyone under the age of 13. If you are a parent or guardian and you are aware that your child has provided us with Personal Data, please contact us. If we become aware that we have collected Personal Data from children without verification of parental consent, we take steps to remove that information from our servers.

International Visitors:

The Services are hosted in the United States and intended for use solely by individuals in the United States. We do not currently direct its service outside of the United States and we are not monitoring where you might be located. If you choose to use the Services from the European Union or other regions of the world with laws governing data collection and use that may differ from United States law, then please note that you are transferring your Personal Data outside of those regions to the United States for storage and processing. Unless specifically stated, we do not direct the Services into any country outside of the United States.

If you have any questions about this Privacy Policy, please contact us at support@WaveOnHealth.com.

Effective Date: December 15, 2023