Privacy Policy

Privacy Policy

Overview

Diasyst, Inc. ("Diasyst", "we", "us" or "our") respects your privacy and is committed to complying with this privacy policy ("Privacy Policy"), which describes what information we collect about you (consumers, patients or healthcare providers), how we collect it, how we use it, with whom we may share it and what choices you have regarding our use of your information. This Privacy Policy applies to the Diasyst Application or any websites owned or operated by Diasyst (the "System") or the associated Services (as defined in the Terms of Use).

This Privacy Policy is incorporated into and is a part of the terms of use here (the "Terms of Use"). We encourage you to become familiar with the terms and conditions of both this Privacy Policy and the Terms of Use.

Changes to our Privacy Policy

We may change this Policy at any time and from time to time. The most recent version of the Policy is reflected by the version date located at the bottom of this Policy. If we make any material changes to our Policy, those changes will apply to the personally identifiable information collected after the effective date listed on the Policy, and we will notify you by placing a notice on the System prior to the change becoming effective. We encourage all users to periodically review this Policy for the latest information on our privacy practices.

What Information Do We Collect?

As described in detail below, we may collect certain identifying information from or about you in connection with your use of, or your submissions to, the System (collectively, the "Collected Information").

We collect information when you give it to us (such as when you register for the System or enter your blood glucose level), when you give us permission to obtain it (such as when you give us permission to access information in contained on your device or in other services), or when we obtain it from other sources such as your healthcare provider. We also collect technical information when you use our products and services.

Collected Information includes both Personal Information and Non-Personal Information, each as described below:

We may collect information that can be used to identify you ("Personal Information"). Personal information that we may collect includes, but is not limited to:

Personal Information about Consumers and Patients:

First and last name, date of birth, contact information (e.g. telephone number, email address and address), payment card information, social media account information, and health information.

Personal Information about Providers:

First and last name, date of birth, employment information, license number, contact information and payment card information.

We also collect information regarding how you interact with the System, which information may include pages you view, links you click or hover over, selections you make on the Websites, your web browser's HTTP referrer header, features you use, preferences you set, your web browser type and version, the operating System type and version of the device you are using to access the System, the Internet protocol (IP) address of the device you are using to access the System (or any portion thereof), general physical location, Internet service provider, in addition to any other information collected as further described in this Privacy Policy ("Non-Personal Information").

How Do We Use The Information That We Collect?

We may use the information we collect in a variety of ways, including to: (i) provide our products and services to consumers or patients, as permitted by law; (ii) provide products and services to or on behalf of healthcare providers; (iii) improve the System's content, materials, and services; (iv) send you information about products or services that may be useful to you, as permitted by law; and (v) more effectively and efficiently responding to both current and future user inquiries.

In addition to the uses mentioned or described elsewhere in this Privacy Policy or in the Terms of Use, we, our affiliates and subsidiaries, and our respective third party service providers may use the Collected Information to analyze and improve the content, features, Services, Websites and Applications that we make available on the System. We may send you information that you request from us, and any other communication for any other legitimate and lawful business purposes. We may also use Collected Information as necessary to ensure compliance with any applicable law.

Diasyst may use various analytics tools and technologies regarding how users interact with the various portions of the System that require storage of web session data. These tools and technologies are used to assist System users by using cookies and scripts (as described in the "Cookies and Usage Reports" section below) to collect and store information such as how users interact with the System, errors users encounter when using the System, device identifiers, how often users visit certain portions or components of the System, what pages they visit, and what other sites they used prior to using to the System. Stored web session data used by such analytics services or tools is used in accordance with this Privacy Policy.

We may combine your de-identified information with de-identified information collected from other individuals to produce, aggregated, de-identified data in compliance with applicable legal requirements. Such data is not personally identifiable. We may sell, share or use such de-identified data for purposes that include but are not limited to, research, marketing, and improving our products and services.

When you opt to share health information with your healthcare provider using the System, Diasyst will only use such information as permitted or required by the law and the terms of our Agreement with your healthcare provider.

With Whom Do We Share Information That We Collect?

In addition to the uses mentioned or described elsewhere in this Privacy Policy or in the Terms of Use, Diasyst may share Personal Information as you direct or authorize us to. For example, we may share health information with your healthcare provider when you opt in to such sharing by linking your account to their provider’s platform.

Diasyst may also share your Personal Information with our trusted service partners who do work on our behalf and do not have an independent use for the information we disclose to them, and have agreed to adhere to appropriate confidentiality provisions.

Diasyst does not sell, rent, or lease your personally identifiable information to third parties. However, we may use and disclose certain aggregated, de-identified information to our affiliates, subsidiaries, or trusted business partners. Such information may also be shared with other users or the general public for advertising, informational, research, comparison or other purposes.

We may also disclose Collected Information if we are legally required to do so. We may also use and disclose Collected Information to establish or exercise our legal rights as permitted by law, to enforce the Terms of Use, to assert and defend against legal claims as permitted by law, or if we believe such disclosure is necessary and permitted to investigate, prevent, or take other action regarding actual or suspected illegal or fraudulent activities or potential threats to the physical safety or well-being of any person.

When you opt to share health information with your healthcare provider using the System, Diasyst will only use such information as permitted or required by the law and the terms of our Agreement with your healthcare provider.

Cookies and Usage Reports

By placing a small file known as a "cookie" on your computer (or other device), Diasyst and its third party providers may passively gather information about your use of the System for several reasons, including, but not limited to, the following: statistics collection and analysis, System optimization, analytics (as described below), market research, and maintenance of user login information. For example, cookies on the Websites may track "macro" information, such as the number of independent visits made to the Websites each day, or "micro" information, such as individual users’ IP addresses, downloads, and related traffic history (some of this information may be collected by web beacons, see below). The information that we and our third party service providers track with cookies may include, but is not necessarily limited to, the type of browser (such as Google Chrome, Microsoft Edge or Internet Explorer) and Internet-connected device being used to access the System, your Internet protocol ("IP") address, your home domain or Internet service provider, your referrer URL (which is the URL for the website that you were viewing prior to visiting the System), how you were directed to the System, which specific pages you access on the System, how long you view each page, the time and date you access our System and the total number of visitors to the System and any portions thereof. We may also use your IP address to determine the general physical location of your computer or device and understand from what geographic locations our System visitors come and to tailor our services to meet our visitors’ needs (e.g., if a visitor is from California, we may use geolocation information to ensure our California team responds to such visitor).

Most popular Internet browser applications will allow you to configure the browser so as not to accept cookies. However, setting your browser to reject cookies may, in certain instances, prevent you from taking full advantage of the System (or some portion thereof) and its capabilities, or cause some features of the System to function improperly or more slowly.

The Websites use certain web analytics services provided by third parties in order to better understand your use of our Websites (or other portions of the System) and how we can improve the System. Such analytics providers may collect information such as how often users visit the System, what pages they visit when they do so, and what other websites they used prior to coming to the System. We do not combine the information collected through the use of such analytics services with your Personal Information. Such third party analytics providers may utilize the data collected to track and examine use of the System, to prepare reports on its activities and share them with us.

As part of our suite of analytics, we also utilize web analysis services provided by Google. Google’s ability to use and share information collected by Google Analytics about your visits to the Websites is restricted by the Google Analytics Terms of Use and the Google Privacy Policy. Google utilizes the data collected to track and examine the use of the System, to prepare reports on its activities and share them with other Google services. Google may use the data collected on the System to contextualize and personalize the ads of its own advertising network. To more fully understand how Google may use the data it collects on the System, please review "How Google uses data when you use our partners' sites or apps", (located here or any successor URL).

Some of the areas of the System may also contain electronic images known as web beacons (sometimes known as clear gifs) that allow Diasyst, and its third party providers or affiliates, to count and track users who have visited certain portions of the System and other similar traffic history. Web beacons collect only limited information, including a cookie number, time and date of a page view, and a description of the page on which the Web beacon resides. Web beacons do not collect any of your Personal Information.

How Can I Opt-Out of Promotional Correspondence?

Those individuals that submit any information to the System, or otherwise express an interest in or consent to receiving communications from Diasyst, may receive email or other communications from us electronically, as permitted by law. If you would no longer like to receive emailed special offer information, notifications or other messages from us, please click the link at the bottom of any email you receive from us and follow the instructions. Please allow us a reasonable period of time in order to satisfy your request, as some promotions may already be in progress. Please note that even if you opt-out as described above, Diasyst will retain your Collected Information for analytical purposes and other internal purposes including an ability to reconnect you with such Collected Information if you later opt-in to any of the data sharing, use or communications set forth above.

Change in Control and Other Organizational Changes

As Diasyst grows and develops its business, it is possible that its corporate structure or organization might change or that it might merge or otherwise combine with, or that it or portions of its business might be acquired by, another company. If Diasyst experiences a Change In Control (as defined below), then we may amend our privacy and information usage practices described in this Privacy Policy. Additionally, you should expect that, as permitted by law, Collected Information (including your Personal Information) will be one of the assets that will be transferred to the legal entity that succeeds our operation and ownership of the System. The privacy practices of the succeeding legal entity will then govern the Collected Information so transferred. However, if applicable law prohibits the succeeding legal entity's privacy policy from governing your Personal Information, then this Privacy Policy shall continue to govern. For purposes of this Privacy Policy, "Change In Control" means any of the following events: (i) a reorganization, merger, consolidation, acquisition or other restructuring involving all or substantially all of our voting securities and/or assets, by operation of law or otherwise; (ii) a general assignment for the benefit of creditors; (iii) appointment of a receiver for our business or assets; or (iv) our sale or liquidation, voluntarily or otherwise.

What Choices Do You Have?

You may access and change your profile and account information in the System by visiting the Account Settings feature. If you remove data from the System, backups of that data will remain associated with your account and in our archive servers.

You may discontinue information collection at any time by uninstalling the Application. You may use the standard uninstall processes as may be available as part of your mobile device or via the mobile application marketplace or network.

We will engage you in key decisions at appropriate times during your use of the Application such as allowing push notifications, email notifications or collection of geolocation information.

When submitting information, corresponding, and otherwise interacting with your provider or with Diasyst and its representatives through or in connection with the System, you choose what information to supply or submit, whether you wish to receive further information, and how you may be contacted. Please take care to share only such information as is needed or that you believe is appropriate.

How Do We Protect Information Collected About You?

Diasyst takes commercially reasonable and legally required measures to secure and protect information transmitted via or stored on the System. Nevertheless, no security System is impenetrable. We cannot guarantee that information that users of the System may happen to transmit or otherwise supply will be totally secure. You agree to immediately notify us of any breach of System's security, this Privacy Policy, or the Terms of Use of which you become aware.

How Long Do We Retain Collected Information?

Diasyst retains information collected through the System for as long as it is necessary to provide products and services to you, including those described above. We also will retain your information for as long as necessary to comply with applicable laws, regulations and court orders. Information stored locally on your device will be deleted when you delete the Application.

Linked Websites

For your convenience, some hyperlinks may be posted on the System that link to other websites (the "Linked Websites"). Some Linked Websites are not under our control. We are not responsible for, and this Privacy Policy does not apply to, the privacy practices of any Linked Websites or of any companies that we do not own or control. We encourage you to seek out and read the privacy policy of each website that you visit. In addition, should you happen to initiate a transaction on a Linked Website, even if you reached that Linked Website through the System, the information that you submit to complete that transaction becomes subject to the privacy practices of the operator of the applicable Linked Website.

California and Delaware "Do Not Track" Disclosures

California and Delaware law require Diasyst to indicate whether it honors "Do Not Track" settings in your browser concerning targeted advertising. "Do Not Track" is a standard that is currently under development. As it is not yet finalized, Diasyst adheres to the standards set out in this Privacy Policy and does not monitor or follow any Do Not Track browser requests.

Children

The System is not intended for use or view by children under 13 years of age. Consistent with the Children's Online Privacy Protection Act, we will not knowingly collect any information from children under the age of 13. If you are under the age of 13, you must ask your parent or guardian to assist you in using the System. Furthermore, we may restrict entries to any contests, sweepstakes or promotions to entrants who are at least 18 years of age.

How to Contact Us

If you have any questions, comments or suggestions about the System, our Services, Diasyst (or any of our affiliates), or our privacy practices, please contact us at privacy@diasyst.com or at the address below:

Diasyst Inc.
PO Box 467487
Atlanta GA 31146

If you correspond with Diasyst through the System or via email, the Collected Information may include the content of, and metadata regarding, any correspondence you may have with us. We may share your messages with those within our organization who are most capable of addressing the issues contained in your message. We will keep a copy of your message until we have had an opportunity to address your concerns.

Acknowledgement

BY ACCESSING OR USING THE SYSTEM, OR ANY PORTION THEREOF, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTAND, AND CONSENT TO THE PRIVACY POLICY, AND TO THE USES AND DISCLOSURES OF COLLECTED INFORMATION ABOUT YOU, THAT ARE DESCRIBED IN THIS PRIVACY POLICY AND YOU AGREE TO BE BOUND BY THE TERMS OF USE REFERENCED ABOVE.

This Privacy Policy was last updated on October 24, 2022.

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