Privacy Policy

Last Update: February 2025

PLEASE READ THIS PRIVACY POLICY BEFORE USING ANY COMPANY SERVICES. BY USING THE COMPANY SERVICES, you consent to the collection, use and disclosure of your Personal Information as described in this Privacy Policy which is subject to change as described below. If you do not consent, you must not access or use the Services.

Evora Respiratory LP (“Company”, “we” or “us”) recognizes the importance of effective systems and measures to protect personal information that we collect or with which we are provided in the course of providing sleep related services to you (collectively the “Services”), including tools, education, advice,
analytics and aids, whether provided in-person or through a web-based application (the “App”). We are committed to the protection of your privacy. To help us meet this commitment to you, we have created this Privacy Policy, as may be amended from time to time.

This Privacy Policy describes:

  • how we collect, use, disclose, and protect the personal information of the users of our Services (“you”);
  • the types of information we may collect from you in connection with the Services; and
  • our practices for collecting, using, maintaining, protecting, and disclosing that information.

PERSONAL INFORMATION
For the purpose of this Privacy Policy, “Personal Information” means information about an identifiable individual, as may be defined or limited under applicable privacy legislation. Personal Information does not generally include business names and business contact information used in a commercial context. Personal Information may include, but is not limited to, a person’s name, email address, residential address, telephone number, payment card information, transaction history, and other billing information, as may be applicable.

APPLICATION OF THIS PRIVACY POLICY

This Privacy Policy applies to Personal Information collected by, or supplied to, Company through the Services.

The Services may contain links to third party websites and mobile applications (the “Linked Sites”) that are not controlled or operated by Company. The Linked Sites are maintained by the third parties who have their own privacy policies and their own terms and conditions of use. This Privacy Policy does not apply to any of the Linked Sites and Company is not responsible for any Personal Information disclosed by virtue of those Linked Sites or for the privacy practices of any operators or sponsors of the Linked Sites. To determine how Personal Information will be treated when accessing or using the Linked Sites, you must read the privacy policy, if any, that applies to each of the Linked Sites.

We may partner with third party vendors to facilitate their provision of products and services to you. This Privacy Policy only applies to the Personal Information that Company collects and uses, or is supplied, through the operation of the Services. Any Personal Information that you provide to third party vendors or that we provide to third party vendors at your direction is dealt with in accordance with the privacy policies adopted by each of those vendors. Individuals are encouraged to review the privacy policies maintained by each of those vendors to understand how their Personal Information will be used by those entities to process requests.

CHANGES TO THIS PRIVACY POLICY

Company reserves the right to alter, add to, delete, modify, change or amend this Privacy Policy at any time by posting the amended Privacy Policy on the App and/or Company website. All amended terms shall be effective immediately upon being posted even in some cases without express or specific notice to you of those changes. Your continued access or use of the Services after such modification of the Privacy Policy will constitute your acceptance of the modified Privacy Policy. The most current version of this Privacy Policy will govern your use of the Services. You are encouraged to review this Privacy Policy from time to time to ensure your continued agreement. We will notify you in advance of any material changes to this Privacy Policy and obtain your consent to any new ways that we collect, use, and disclose your Personal Information.

HOW WE OBTAIN CONSENT FOR PROCESSING OF YOUR PERSONAL INFORMATION

Your knowledge and informed consent is required for the collection, use, or disclosure of your Personal Information by Company, except where the collection, use or disclosure of Personal Information without such knowledge and consent is permitted or required by law.

If you are submitting the Personal Information of others, you are responsible for obtaining their consent to the disclosure of their information to Company, as may be required by law.

In some instances, you will have provided your consent to the processing of your Personal Information as described in this Privacy Policy directly to your healthcare provider. In this case, Company obtains and relies on contractual assurances provided by your healthcare provider to process such information in compliance with all applicable privacy laws. In such a case, we process Personal Information under the direction of that healthcare provider (being the organization in control of such data).

WHAT PERSONAL INFORMATION WE COLLECT

The Personal Information that we may collect includes the following:

  • Contact information: such as your name, address, phone number, email address and preferred language.
  • Personal health information: such as symptoms, diagnostic or treatment scores (Epworth test score), medical equipment purchase information, your primary care physician and/or other healthcare providers.
  • Usage information: such as how you use the App, personal preferences, the devices you connect from and their settings, country code, IP address-associated location, date and time of your use.
  • Account information: such as your username, password and other account-related information when you create an account on the App.
  • Demographic information: such as age, gender and any other demographic information you may choose to provide to us.
  • Communication information: including information that you provide when you contact us for any reason, including if you express an interest in obtaining additional information about us or the Services or use a “Contact Us” form available on or through the App.

HOW WE USE YOUR PERSONAL INFORMATION

We collect and store information, which may include Personal Information, for the following purposes:

  • to establish and maintain our commercial relationship with you and to provide you with the Services. This includes to administer user accounts, process new accounts, and to fulfill contractual and legal obligations such as registering users, identifying users with their respective organizations, or verifying user status;
  • to develop and manage our business and operations. This may include the sharing of Personal Information by and between our personnel;
  • to detect errors and protect us and other third parties against fraud, theft and other illegal activity, and to audit compliance with our policies and contractual and legal obligations;
  • to provide you with further information and offers from us or from third parties that we believe you may find useful or interesting, including newsletters, marketing or promotional materials and other information on related services. If you decide at any time that you no longer wish to receive such communications, please follow the unsubscribe instructions provided in any of the communications. Further, you may easily adjust your privacy and e-mail settings via your account settings at any time;
  • to engage in a business transaction of any type or nature involving you and us; to understand and respond to users, supplier and other third party needs and preferences, including to contact and communicate with such parties and to conduct surveys, research, and evaluations;
  • to develop, enhance, market, sell or otherwise provide our products and services;
  • to comply with any legal or regulatory requirements or provisions; and for any other purpose to which you consent.

HOW WE COLLECT INFORMATION

Your Personal Information is collected in connection with your access and use of the Services, for example when you create an account, submit a request or question through the Services, or email a request for information from us. By providing Personal Information through the Services or to us directly, you acknowledge and agree that we may use the Personal Information for the purposes set out herein. Generally, we collect Personal Information directly from you, but we may also collect it from third parties where you consent or where we are permitted by law to do so (for instance, we may collect Personal Information from your physician or other health care professional who has provided services to you).

DE-IDENTIFYING INFORMATION

To safeguard your privacy, when information is used to improve our Services (including our App) or to generate aggregate statistics and metrics that will guide future research and product or service improvement/development, all identifying information is removed using best-practice de-identification methods.

We may disclose aggregated information about you and any other information that does not identify you for any purpose that we may see fit, without restriction.

HOW WE SHARE PERSONAL INFORMATION

We may transfer Personal Information to service providers (including affiliates acting in this capacity) who perform services on our behalf, such as data hosting and processing, analytics, marketing, information technology and information security, and similar services, and who are contractually obligated to keep Personal Information confidential, use it only for the purposes for which we disclose it to them, and to process the Personal Information with the same standards set out in this Privacy Policy.

We may transfer Personal Information to our business partners who have agreed to comply with legally required privacy standards and who will use the information only for the purposes disclosed at the time of collection or for a use consistent with that purpose.

We may disclose Personal Information if we reasonably believe that we are required to do so by law or legal process or if we are otherwise requested by any law enforcement officer or agency acting under colour of law.

We may disclose Personal Information in order to (i) enforce the Terms of Use applicable to the Services; (ii) protect and defend the rights or property of Company; or (iii) act in urgent circumstances to protect the safety or security of the public or users of the Services.

We may also disclose your Personal Information in accordance with applicable law, to 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 Personal Information held by us about our customers and users is among the assets transferred.

SECURITY

We employ administrative, physical, and electronic measures designed to safeguard and protect your Personal Information from unauthorized access and disclosure.

Unfortunately, the transmission of information via the Internet is not completely secure. Although we do our best to protect your Personal Information, we cannot guarantee the security of your Personal Information transmitted to us through email or our websites or the App. Any such transmission of Personal Information is at your own risk. We are not responsible for circumvention of any privacy settings or security measures contained on the Services.

We will make any legally required disclosures of any breach of the security, confidentiality, or integrity of your electronically stored Personal Information to you via email or conspicuous posting on our website or APP in the most expedient time possible and without unreasonable delay, insofar as consistent with (i) the legitimate needs of law enforcement or (ii) any measures necessary to determine the scope of the breach and restore the reasonable integrity of the data system.

RETENTION AND TRANSFER OF PERSONAL INFORMATION

We may keep Personal Information obtained through the Services for so long as is necessary or appropriate to carry out the purpose(s) for which such information was collected or for such longer period as may be required or permitted by applicable laws and regulations, and your consent to such purpose(s) remains valid after termination of our relationship with you.

Company and some of Company’s third party service providers may process or store information received from users of the Services (including Personal Information) outside of Canada, including the United States.

In accordance with the laws of those countries, in certain circumstances your personal information may be accessible by foreign law enforcement, regulatory bodies or other authorities.

INFORMATION COLLECTED AUTOMATICALLY

When you visit or use the Services, some information (for example, the site from which you linked, your Internet Service Provider, the time and date of your visit, your device ID) may be collected automatically by the software that operates our Services. This information is used by our technical staff to compile statistics and information about the usage of our Services and certain aspects thereof.

COOKIES

Our Services use standard technology known as “cookies”, including session cookies and persistent cookies. Session cookies temporarily keep your settings. This information is stored until the App or your browser is closed. Persistent cookies are created for specific functions you may choose to use within the Services, including, but not limited to: accepting terms of use; and saving certain settings. Persistent cookies are used to improve your experience with the Services and are retained from session to session. These cookies remain after App or browser is closed. Company does not track such cookies on Company servers, nor does Company use such cookies to store Personal Information. You may choose to delete persistent cookies after using the Services. If you do not wish to accept cookies, you have the option of blocking or disabling cookies. However, please be aware that you may be unable to access certain parts of the Services if you do block or disable cookies.

ACCURACY

We take reasonable measures to ensure that information we hold about you is accurate. You can help Company maintain the accuracy of your Personal Information by notifying Company of any changes to such information. You are responsible for ensuring that all information created through your use of the Services is accurate, reliable and complete.

MINORS

The Services are intended for general audiences but are not to be used by individuals under 14 years old (“minors”). We do not knowingly collect Personal Information from minors. If you become aware that your child has provided us with Personal Information without your consent, please contact us at the email address below.

ACCESSING AND CORRECTING YOUR PERSONAL INFORMATION

By law you may have the right to request access to and to correct the Personal Information that we hold about you.

We may request specific information from you to help us confirm or verify your identity and your right to access, and to provide you with the Personal Information that we hold about you or make your requested changes. Applicable law may allow or require us to refuse to provide you with access to some or all of the Personal Information that we hold about you, or we may have destroyed, erased, or made your Personal Information anonymous in accordance with our record retention obligations and practices. If we cannot provide you with access to your Personal Information, we will inform you of the reasons why, subject to any legal or regulatory restrictions.

WITHDRAWING YOUR CONSENT

Where you have provided your consent to the collection, use, and transfer of your Personal Information, you may have the legal right to withdraw your consent under certain circumstances. To withdraw your consent, if applicable, contact us at: [email protected]. Please note that if you withdraw your consent we may not be able to provide you with a particular product or service. We will explain the impact to you at the time to help you with your decision.

WHERE TO DIRECT QUESTIONS OR COMPLAINTS

If you have any questions or concerns about your privacy in connection with the Services or relating to the collection, use or disclosure of Personal Information by Company, or if you would like to request access to or correction of your Personal Information in our control, please contact (please note that access requests must be in writing):

Privacy Officer

Evora Respiratory LP

Suite 300, 4954 Richard Road SW, Calgary, AB T3E 6L1

Email: [email protected]