Our Privacy Policy

The purpose of this Privacy Policy is to describe how Knox Medical Diagnostics, Inc. DBA Aluna, Inc. (“Aluna”) collects, uses and shares information about you through our online and electronic interfaces, including our mobile app; our connected hardware, devices and products (collectively “Devices”); and our website located at www.alunacare.com (collectively referred to herein as the “Interfaces”).

Please read this notice carefully to understand what we do. If you do not understand any aspects of our Privacy Policy, please feel free to Contact Us or as described at the end of this Policy. If you do not agree with the terms, do not access or use the Websites or any other aspect of Aluna’s business.

We may collect personal information from you in various ways. Below is a description of the types of information we collect from you.

We collect information from you when you purchase our Device or sign-up for an account on our App, which includes, your first and last name (“Identity Data”), email address, cell phone number, billing address and shipping address (collectively, “Contact Data”). We also collect profile information from you when you create an account on the App and Services, such as your username, email, and phone number.

Under an individual profile, we collect your birthday, height, sex, and race.

Right before a spirometry reading, if given permission, we collect your location data to gain information on your environment. We also collect ambient pressure using your phone’s barometer, the acceleration forces on your Aluna Device, and the internal temperature of your Aluna Device.

Under an individual profile, you can provide information about what medication use. Including the type of medication, and when you use your medication.

We collect symptom information that you enter such as:

• • Have you had trouble breathing?
• • Has asthma interfered with your activity?
• • Have you experienced any wheezing?
• • Have you experienced day time coughing?
• • Have you experienced night time coughing?

We also collect optional user provided information about when you had a flare up, experienced a trigger, had a Hospital or ER visit, had a doctor Visit, or any other event you want to report.

We collect information related to the products and services you purchase, such as any Services you’ve subscribed to, and/or Device(s) purchased (“Transaction Data”).

We collect any information you provide to use when you contact us with questions, feedback or otherwise correspond with us online.

When you use the Aluna Device, during a spirometry reading and during calibration, we collect the flow through the Aluna device during the entire session. We then convert these to relevant spirometry metrics and store that data, as well as the raw flow data.

When you sign up for our newsletter on the Website, we collect your email address.

We, our service providers, and our business partners may automatically log information about you, your computer or mobile device, and activity occurring on or through the Service, including but not limited to, your computer or mobile device operating system type and version number, manufacturer and model, browser type, screen resolution (collectively, “Device Data”), IP address, the website you visited before browsing to our website, general location information such as city, state or geographic area; information to facilitate checkout, such as the quantity of the order and monthly or annual subscription; information about your use of and actions on the Service, such as pages or screens you viewed, how long you spent on a page or screen, navigation paths between pages or screens, information about your activity on a page or screen, access times, meditation tracks reviewed or listened to, and length of access; and other personal information (collectively “Online Activity Data”). Our service providers may collect this type of information over time and across third-party websites and mobile applications.

On our webpages, this information is collected using cookies, web beacons, and similar technologies, and our emails may also contain web beacons. In our mobile application, we may collect this information directly or through our use of third-party software development kits (“SDKs”). SDKs may enable third parties to collect information directly from our App. A SDK is third-party computer code that we may incorporate into our mobile applications that may be used for a variety of purposes, including to provide us with analytics regarding the use of our mobile applications, to integrate with social media, add features or functionality to our app.

A “cookie” is a text file that websites send to a visitor‘s computer or other Internet-connected device to uniquely identify the visitor’s browser or to store information or settings in the browser. A “web beacon,” also known as a pixel tag or clear GIF, is typically used to demonstrate that a webpage was accessed or that certain content was viewed, typically to measure the success of our marketing campaigns or engagement with our emails and to compile statistics about usage of our websites.

We use the personal information we collect as described below and elsewhere in this privacy policy.

We use your personal information to provide, operate and improve the Service. For example, we use your:

• • First and Last Name for billing and shipping;
• • Email Address for subscription billing; responding to feedback requests; sending subscription billing reminders; and sending informational marketing messages (if you have signed up for our newsletter);
• • Cell phone number to connect the Device with your unique cell phone and the App, and to authenticate your subscription if applicable;
• • Billing Address to confirm your credit card payment for the Device and for your subscription payment.
• • Note: Related to billing, we will share your personal data with our payment processor, Stripe or Apple App Store, as necessary to enable them to process your payments, and for anti-fraud purposes.
• • Your credit card will not be stored by Aluna. It is provided directly to our third party payment processors and is not accessible by Aluna.
• • Shipping Address to ship your Device;
• • Demographic information to be able to calculate your FEV1 percent predicted, to employ our machine learned based feedback, and to be able to give you insights about your lung health.
• • Environmental information to make the appropriate BTPS corrections to your spirometry, to ensure you and your Aluna device are in the appropriate operating ranges of the Aluna Device, to improve our machine learning, and provide smart insights on your lung health.
• • Medication and usage to provide you with a log of your medication usage, to improve our machine learning, and to provide smart insights on your lung health.
• • General Symptoms to provide you with a log of your symptoms, to improve our machine learning, and to provide smart insights on your lung health.
• • Health Data to provide you with a history of your spirometry readings, as well as analyze to give you more insights on your lung health.
• • System Diagnostics (Log files, crash reports, app usage, device information) to improve the Aluna App’s reliability and make personal recommendations to our customers.

We analyze use of the Service to analyze and improve the Service and to develop new products and services.

We use your personal information as we believe necessary or appropriate to comply with applicable laws, lawful requests, and legal process, such as to respond to subpoenas or requests from governmental authorities.

We may use your personal information and disclose it to law enforcement, government authorities, and private parties as we believe necessary or appropriate to, (a) protect our, your or others’ rights, privacy, safety or property (including by making and defending legal claims); (b) enforce the terms and conditions that govern the Service; and (c) protect, investigate and deter against fraudulent, harmful, unauthorized, unethical or illegal activity.

We may send you Aluna-related marketing communications as permitted by law. You will have the ability to opt-out of our marketing and promotional communications as described in our Opt out of marketing section below.

We use your personal information to respond to your requests for support, as well your other requests, questions and feedback.

In some cases, we may specifically ask for your consent to collect, use or share your personal information, such as when required by law. With your consent, we may also use the data we collect as part of a UCSF study on asthma and spirometry. You may also share and export your data with your doctor.

Please see the section below titled “Analytics and Interest-Based Advertisements” to learn more about how we collect and use your data for these purposes.

We may create anonymous, aggregated or de-identified data from your personal information and other individuals whose personal information we collect. We make personal information into anonymous, aggregated or de-identified data by removing information that makes the data personally identifiable to you. We may use this anonymous, aggregated or de-identified data and share it with third parties for our lawful business purposes, including to analyze and improve the Service and promote our business.

We do not share your personal information with third parties without your consent, except in the following circumstances or as described in this Privacy Policy:

We may share your personal information with our corporate parent, subsidiaries, and affiliates, for purposes consistent with this Privacy Policy.

We share your personal information with third party companies and individuals that provide services on our behalf or help us operate the Service (such as Zendesk customer support, hosting, email delivery, marketing, and database management services). These third parties may use your personal information only as directed or authorized by us and in a manner consistent with this Privacy Policy, and are prohibited from using or disclosing your information for any other purpose.

Please see the section below titled “Analytics and Interest-Based Advertising” to learn more about this sharing.

We may share your personal information for the compliance, fraud prevention and safety purposes described above.

We may sell, transfer or otherwise share some or all of our business or assets, including your personal information, in connection with a business transaction (or potential business transaction) such as a corporate divestiture, merger, consolidation, acquisition, reorganization or sale of assets, or in the event of bankruptcy or dissolution.

In this section, we describe the rights and choices available to all users.

If you have registered for an account with us, you may request to delete your personal information in your account profile by emailing us at support@alunacare.com.

You may opt out of marketing-related emails by following the opt-out or unsubscribe instructions at the bottom of the email. You may continue to receive service-related and other non-marketing emails.

We may allow service providers and other third parties to use cookies and similar technologies to track your browsing activity over time and across the Service and third-party websites. Most browsers let you remove or reject cookies. To do this, follow the instructions in your browser settings. Many browsers accept cookies by default until you change your settings. Please note that if you set your browser to disable cookies, the Sites may not work properly. Similarly, your browser settings may allow you to clear your browser web storage.

We partner with certain third parties to obtain the automatically collected information discussed above and to engage in analysis, auditing, research, and reporting. These third parties may use web logs or web beacons, and they may set and access cookies on your computer or other device. In particular, the Site uses Google Analytics to help collect and analyze certain information for the purposes discussed above. You may opt out of the use of cookies by Google Analytics here.

The Site also enables third-party tracking mechanisms to collect information about you and your computing devices for use in online interest-based advertising. For example, third parties may use the fact that you visited our Site to target online ads to you. In addition, our third-party advertising networks might use information about your use of our Site to help target advertisements based on your online activity in general. For information about interest-based advertising practices, including privacy and confidentiality, visit the Network Advertising Initiative website or the Digital Advertising Alliance website.

The use of online tracking mechanisms by third parties is subject to those third parties’ own privacy policies, and not this Policy. If you prefer to prevent third parties from setting and accessing cookies on your computer or other device, you may set your browser to block cookies. Additionally, you may remove yourself from the targeted advertising of companies within the Network Advertising Initiative by opting out here, or of companies participating in the Digital Advertising Alliance by opting out here. Although our Site currently does not respond to “do not track” browser headers, you can limit tracking through these third-party programs and by taking the other steps discussed above.

We take security seriously at Aluna and we take measures that are designed to protect data against unauthorized access, disclosure and use. We utilize an HTTPS connection to communicate with our servers. We also do not store passwords as plain-text, but instead as an encrypted version of that text. It is important to note, however, that no data security measures taken are 100% safe.

We do not knowingly collect or maintain information from those who are under 13, unless given consent by the child’s parent or guardian. If we learn that we have collected personal information of a child without the consent of the child’s parent or guardian, we will delete it.

If you are a California resident, the California Consumer Privacy Act (“CCPA”) provides you with certain rights regarding your personal information, including the right to know about personal information collected, disclosed, or sold; the right to request that we delete personal information that we have collected from you; the right to opt-out of the sale of your personal information; and the right not to be discriminated against. All of these rights are subject to certain exceptions.

When you visit interact with our website, we may collect 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 (“personal information”). We may have collected the following categories of personal information over the past 12 months:

• • Identifiers, such as your name, username, email address, or IP address.
• • Categories of personal information described in subdivision (e) of California Civil Code Section 1798.80, such as your name, medical information, and financial information.
• • Characteristics of protected classifications under California or federal law, such as your age.
• • Commercial information, such as your purchase records.
• • Internet or other electronic network activity information, such as cookies, web logs, and information about how you use our website.
• • Geolocation data.
• • Biometric information, such as your ambient pressure using your phone’s barometer and the acceleration forces on your Aluna Device.
• • Audio, electronic, visual, thermal, olfactory, and similar information, such as the internal temperature of your Aluna device.
• • Inferences drawn from any of the information identified above, such as advertising profiles.

We collect the personal information listed above from the following sources:

• • From you directly, when you make an account with us or interact with our Interfaces.
• • From your operating system and platforms.
• • Automatically from you when you visit our website.

In the last 12 months, we may have disclosed the following categories of personal information for our business or commercial purposes:

• • Identifiers.
• • Categories of personal information described in subdivision (e) of California Civil Code Section 1798.80.
• • Characteristics of protected classifications under California or federal law.
• • Commercial information.
• • Internet or other electronic network activity information.
• • Geolocation information.
• • Biometric information.
• • Audio, electronic, visual, thermal, olfactory, and similar information.
• • Inferences drawn from any of the information listed above.

We may have shared any of the information listed above with:

• • Service providers.
• • Affiliates.
• • Data analytics providers.
• • Advertising companies.

We disclose your personal information for the purposes listed under “How Aluna Uses Information We Collect.”

Right to Know

California residents have the right to request that we disclose certain information about our collection and use of your personal information over the past twelve months (“Right to Know”). 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.
• • The categories of personal information that we have disclosed for a business or commercial purpose.
• • Our business or commercial purposes for collecting or selling personal information.
• • The categories of third parties with whom we share that personal information.
• • The specific pieces of personal information we collected about you (i.e., a data portability request).

Right to Delete

California residents have the right to request that we delete the personal information that we collected from you and retain, subject to certain exceptions (“Right to Delete”). Once we receive and confirm your verifiable consumer request, we will delete (and direct our service providers to delete) your personal information from our records, unless an exception applies.

Right to Opt-Out of Sale

The CCPA provides California residents with the right to opt-out of the sale of their personal information.

We do not currently share your information for the purposes of targeted advertising through our website.

We do not knowingly “sell” personal information of minors under the age of 16 without their affirmative authorization.

Right to Nondiscrimination

The CCPA provides California residents with the right not to receive discriminatory treatment for the exercise of their privacy rights conferred by the CCPA. We will not discriminate against you for exercising any of your CCPA rights.

Exercising Your Rights

If you are a California resident and wish to request for us to provide you with your Right to Know or Right to Delete, you may submit a request to us through the following ways:

• • By email at support@alunacare.com with “Privacy Policy” in the subject line.
• • By postal mail at Aluna -- Privacy & Data Protection, 345 California Street, Suite 700, San Francisco, CA 94104.

Upon receiving a request from you, we will first verify your identity by asking you to provide 3 or more of the following: your name, phone number, email address, and device serial number. We will confirm your identity by matching the information you provide with what we have on file. We may ask you for additional information to verify your identity or to comply with your request.

Authorized Agent

You may authorize an agent to make a request on your behalf. To designate an agent, please provide a written and signed document by both you and the agent that authorizes the agent to act on your behalf. You may also use a power of attorney. We will still require you to provide sufficient information to allow us to reasonably verify that you are the person about whom we collected personal information.

If you wish to contact us regarding our California Privacy Addendum, you may do so through the following methods:

• • By email at support@alunacare.com with “Privacy Policy” in the subject line.
• • By postal mail at Aluna -- Privacy & Data Protection, 345 California Street, Suite 700, San Francisco, CA 94104.

Aluna is currently only sold and available in the United States. Do not use the Aluna Device outside of the United States. If you are a resident of the European Economic Area (EEA) or other jurisdiction outside of the U.S., in order to provide our Interfaces, products and services to you, we may send and store your personal information (also commonly referred to as personal data) outside of the EEA, including to the United States. Accordingly, your personal information may be transferred outside of the country where you reside or are located, including to countries that may not or do not provide the same level of protection for your personal information. We are committed to protecting the privacy and confidentiality of personal information when it is transferred.

Where such transfers occur, we take appropriate steps to provide the same level of protection for the processing carried out in any such countries as within the EEA to the extent feasible under applicable law. By using and accessing our Interfaces, users who reside or are located in countries outside of the United States agree and consent to the transfer to and processing of personal information on servers located outside of the country where they reside, and that the protection of such information may be different than required under the laws of their residence or location.

If you have questions regarding this privacy policy, you may email support@alunacare.com.

Or write: Aluna -- Privacy & Data Protection, 345 California Street, Suite 700, San Francisco, CA 94104

Aluna reserves the right to make changes periodically to the Privacy Policy. If we ever decide to change our privacy policy, we will post changes on this page, and, if you have registered for an account with us, alert you by email prior to the changes taking effect. You are solely responsible for maintaining an up-to-date email address with your account.