Privacy Policy


AerNos® Privacy Policy
Version 1.0
Last Modified: August 2018

At AerNos, Inc. (“AerNos” or “we” or “us”) we respect your privacy and are committed to protecting your data. This Privacy Policy describes how we collect, use, and share information through the AerNos websites, including but not limited to and its sub-domains (each a “Site”) and the AerNos products, services, software, and applications available through the Sites (collectively, the “Offerings”). Please read this Privacy Policy carefully because by using our Offerings, you are acknowledging that you understand and agree to the terms of this Policy.

When This Privacy Policy Applies
This Privacy Policy applies to the AerNos Offerings, including the AerBand app, but excludes services that have separate privacy policies that do not incorporate this Privacy Policy or to information that we collect by other means (including offline) or from other sources.

Our Offerings may contain features or links to websites and services provided by third parties. Our Privacy Policy does not apply to services and products offered by other companies and individuals. Any information you provide through third-party sites or services is provided directly to the operators of such services and is subject to those operators’ policies, if any, governing privacy and security, even if accessed through our Offerings. We are not responsible for the privacy policies and practices of other websites, even if you access those links from an AerNos Offerings. We encourage you to learn about third parties’ privacy and security policies before providing them with information.

Personal Information
“Personal Information” is information that identifies you as an individual or relates to an identifiable individual. We collect the following types of information through our Sites:
• Name
• Postal address
• Telephone number
• Email address
• Profile picture
• Social media account ID
• IP Address
• Your designated account settings
We collect and process these types of Personal Information to provide our Offerings to you and as legally required. If you do not provide the information that we request, we may not be able to provide you with the full experiences of this Site and our Offerings.

Collection of Personal Information
We collect Personal Information in a variety of ways, including:
• Through our website. We collect Personal Information through our Sites, e.g., when you register for a Site account, respond to forms, surveys, or applications, and through participation in our Offerings.
• Through Information You Provide. We may collect personal contact information (such as your name, email address, and telephone number) when you contact us, sign up for, download, purchase, or use our Offerings. We may also collect Personal Information in connection with product support, the return of products, warranty and product/consumer registration.
• From Other Sources. We receive your Personal Information from other sources, such as publicly available databases and joint marketing partners, when they share the information with us. We may allow you to share information with third party social media sites, or use social media sites or other sites to create or connect to your account. Those social media sites may give us access to certain Personal Information stored by them from your interaction with the online services (e.g. content viewed and information about the advertisements within the content you have been shown or may have clicked on, etc.). You may control the Personal Information you allow us to have access to through the privacy settings on that third-party site and the permissions you give us when you grant us access. Please be aware if you disclose any Personal Information relating to other people to us or to our service providers in connection with the Site, you represent that you have the permission to do so and to permit us to use the information in accordance with this Privacy Policy.

Use of Personal Information
We use Personal Information:
• To provide the functionality of the Site and its services and to fulfill your requests.
o To respond to your inquiries, fulfill your requests and provide you with related support
o To send administrative information to you, such as changes to our terms, conditions and policies.
• To accomplish our business purposes and analyze information.
o To aggregate and/or anonymize Personal Information.
o For our business purposes, such as data analysis, audits, fraud monitoring and prevention, developing new products, enhancing, improving or modifying our Site, identifying usage trends, and operating and expanding our business activities.
o To use IP addresses for purposes such as calculating usage levels, diagnosing server problems and administering the Site. We can also derive your approximate location from your IP address. We engage in these activities either to manage our contractual relationship with you, to comply with a legal obligation and/or based on our legitimate business interests.

Disclosure of Personal Information We disclose Personal Information:
• To our affiliates for the purposes described in this Privacy Policy.
• To our third-party service providers who provide services such as hardware repair and/or replacement, website hosting, data analysis, information technology and related infrastructure provision, customer service, email delivery, auditing and other services. When we share information with third parties, we limit the information provided to what is reasonably necessary for them to perform their functions, and our contracts require them to maintain the confidentiality of such information.

Other Uses and Disclosures
We also use and disclose your Personal Information as we believe to be necessary or appropriate:
• To comply with applicable law and regulations.
• To respond to requests from public and government authorities or to cooperate with law enforcement.
• For other legal reasons.
o For example, to enforce our Terms of Service or other agreements with you; and
o To protect our rights, privacy, safety or property, and/or that of our affiliates, you or others.
• In connection with a sale or business transaction.
o We have a legitimate interest to use, disclose or transfer your information to a third party in the event of any reorganization, merger, sale, joint venture, assignment, transfer or other disposition of all or any portion of our business, assets or stock (including in connection with any bankruptcy or similar proceedings). Such third parties may include, for example, an acquiring entity and its advisors.

Other information
“Other Information” is any information that does not reveal your specific identity or does not directly relate to an identifiable individual.
• Browser and device information
• Information collected through cookies, pixel tags and other technologies
• Information collected through use of our devices and other Offerings
• Demographic information and other information provided by you that does not reveal your specific identity
• Information that has been aggregated in a manner that it no longer reveals your specific identity If we are required to treat Other Information as Personal Information under applicable law, then we may use and disclose it for the purposes for which we use and disclose Personal Information as detailed in this Policy.

Collection of Other Information
We and our service providers collect Other Information in a variety of ways, including:
• Through your browser or device.
o Certain information is collected by most browsers or automatically through your device, such as your Media Access Control (MAC) address, computer type (Windows or Mac), screen resolution, operating system name and version, device manufacturer and model, language, Internet browser type and version you are using. We use this information to ensure that the Site functions properly.
• Through the use of our devices and other Services.
o For some of our consumer products, we may performance information and general, statistical information about how you use our products. We only collect this information if you download software and agree to our End User License Agreement, and this Privacy Policy. We may also collect aggregate metadata concerning your files. We will use this aggregate data to enhance our products and services, and to improve our general marketing efforts related to these Offerings. We may aggregate data to describe the use of this Site and/or our Offerings to our existing and/or potential business partners, sponsors, advertisers or other third parties, or in response to a government request.
• Using cookies and similar technologies.
o When you visit the Site, we collect information automatically through your browser or device, through your use of the Site, or using cookies and similar technologies.
• IP Address.
o Your IP address is automatically assigned to your computer by your Internet Service Provider. An IP address may be identified and logged automatically in our server log files whenever a user accesses the Site(s), along with the time of the visit and the page(s) that were visited. Collecting IP addresses is standard practice and is done automatically by many websites, applications and other services. We use IP addresses for purposes such as calculating usage levels, diagnosing server problems and administering the Site(s). We may also derive your approximate location from your IP address.

Uses and Disclosures of Other Information
In some instances, we combine Other Information with Personal Information. If we do, we will treat the combined information as Personal Information as long as it is combined.

Product Offerings
For additional information regarding specific Offerings, please see below:

If you download the AerBand app and use it in conjunction with an AerBand wearable, you authorize the processing and sharing of your Personal Information, including health-related data, for account administration and to deliver data obtained from your wearable to the research institution in which you are a research study participant. We do not share your Personal Information with others without your prior consent, except as indicated within this Policy.

Your Choices and Control
Under privacy laws, data subjects have certain rights. This Privacy Policy is intended to give transparency about what personal data AerNos collects and how it is used, enabling you to make meaningful choices.

How you can access, change or remove your Personal Information
Please contact us by using the details set out at the Contact Us section below if you wish to do any of the following:
• Confirm that AerNos is processing your personal data, or to have access to the personal data AerNos may have about you. Reasonable access to your personal data will be provided at no cost upon request.
• Correct any personal data that AerNos has that is inaccurate.
• Request that AerNos erase your personal data or stop processing it. Please note that in some cases, we may not be able to remove your personal information, in which case we will let you know if we are unable to do so and why.

Retention Period
We will retain your Personal Information for as long as needed or permitted in light of the purpose(s) for which it was obtained. The criteria used to determine our retention periods include: (i) the length of time we have an ongoing relationship with you and provide the Site or Offerings to you (for example, for as long as you have an account with us or keep using the Site or Offerings); (ii) whether there is a legal or business obligation to which we are subject (for example, certain laws require us to keep records of your transactions for a certain period of time before we can delete them); or (iii) whether retention is advisable in light of our legal position (such as in regard to applicable statutes of limitations regulatory investigations, or other legal matters).

Jurisdiction and Cross-Border Transfer
AerNos’ headquarters, servers, this website and the majority of our Offerings are located and operated in the United States. If you are using the Offerings from outside the United States, please be aware that your information will be transferred to, stored, and processed in the United States unless otherwise stated. By using our Offerings and providing us with information, you consent to this transfer, processing and storage of your information in the United States. It is important to note that data privacy laws vary worldwide and some may not be as comprehensive as others. When personal data is transferred to the United States, we will adequately protect it as described in this Privacy Policy.

We are committed to protecting the security of your personal information. We have implemented appropriate physical, technical and administrative safeguards. We train our employees about the importance of confidentiality and maintaining the privacy and security of your information. We follow generally accepted industry standards to protect the information submitted to us, both during transmission and once we receive it. However, no method of transmission over the Internet, or method of electronic storage, is 100% secure. We cannot ensure or warrant the security of any information you transmit to us, and you do so at your own risk. If you believe your Personal Information has been compromised, please contact us. In the event that personal information is compromised, we will promptly notify our customers in compliance with applicable law.

Sensitive Data
We request that you do not send us any sensitive data such as social security or national identification numbers, information related to racial or ethnic origin, political opinions, religious beliefs, criminal background or trade union membership information. If you do send us this information, then you are consenting to its processing in accordance with this Privacy Policy.

Children’s Privacy
Protecting the privacy of minors is especially important. Our Site is not directed towards individuals under the age of thirteen (13) and AerNos does not knowingly collect or solicit Personal Information from individuals under 13. If you are under 13, do not use or provide any information on this Website or through any of its features. If we learn we have collected or received Personal Information from a child under 13 without verification of parental consent, we will delete that information. If you believe that we might have any information from or about a child under 13, please contact us and we will delete that information.

Contact Us
If at any time you would like to contact us with your views about our privacy practices, or with any inquiry relating to your personal information, please send an e-mail or write to Data Privacy – Legal, AerNos, 3030 Bunker Hill St., Suite 105, San Diego, CA 92109, United States.

Updates to This Privacy Policy
We may update this Privacy Policy when necessary to reflect changes in our Offerings, to implement changes required by applicable law, or as we may otherwise deem necessary or appropriate. If you continue to use our Offerings after those changes are in effect, you agree to the revised policy. If the changes are significant, we will notify you either by prominently posting a notice of such changes before they take effect. We encourage you to periodically review the Privacy Policy to learn how AerNos is protecting your information. We will also keep prior versions of this Privacy Policy in an archive for your review.