Privacy Policy

Introduction

Vapotherm, Inc. and all of its EU-based subsidiaries (herein collectively referred to as “Vapotherm,” “Company,” “we,” “us,” or “our”) are committed to protecting your privacy. We publish our Privacy Policy so that you can understand our privacy practices and how they help protect your privacy.

Vapotherm is a trans-national business headquartered in the United States. Our management structure and business processes cross borders. This means that our customer and employee data is transferred across borders.

Vapotherm may from time to time handle personal information collected from individuals located within European Union member countries. Vapotherm has certified that it adheres to the EU-US and Swiss-US Privacy Shield Principles of:

Notice
Choice
Accountability for onward transfer
Security
Data integrity and purposes limitation
Access
Recourse, enforcement and liability

Vapotherm complies with the EU-U.S. Privacy Shield Framework and Swiss-US Privacy Shield Framework as set forth by the U.S. Department of Commerce regarding the collection, use, and retention of personal information transferred from the European Union and Switzerland to the United States. Vapotherm has certified to the Department of Commerce that it adheres to the Privacy Shield Principles. If there is any conflict between the terms in this privacy policy and the Privacy Shield Principles, the Privacy Shield Principles shall govern. To learn more about the Privacy Shield program, and to view our certification, please visit https://www.privacyshield.gov/

Vapotherm is under the jurisdiction as well as the investigatory and enforcement powers of the US Federal Trade Commission for the purposes of the EU-US Privacy Shield Framework and Swiss-US Privacy Shield Framework.

Scope

This Policy applies to all information collected by Vapotherm from which an individual can be identified (“Personal Information”). The Personal Information we collect includes the Employee Information described below as well as certain information including names, email addresses, mailing and billing addresses and telephone and fax numbers collected from customers, potential customers and end users of our products and services for sales, marketing, order fulfilment and order delivery purposes. Additionally, in our section on Online Information we also discuss how we gather and use all information gathered online even if it is not Personal Information. Vapotherm will not deviate from this Policy even if applicable national laws are less stringent than this Policy.

Notice

Excluding our Employee Information which is discussed below, we collect, process and use your Personal Information only as a part of our business relationship with you and your company, including contract and billing administration; product and service delivery; fulfilling our business obligations to our customers and resellers; communicating with customers and potential customers about marketing and technical information concerning our products and services; notifying our customers and potential customers regarding product launches and important events related to Vapotherm; and other related business activities of which you are informed at the time your Personal Information is collected or as soon thereafter as practicable. Vapotherm only collects personally identifiable information about individuals when such individuals specifically provide such information to us on a voluntary basis or while requesting information on our products or services. We may disclose Personal Information to our agents, resellers and business partners or to protect and defend the rights or property of Vapotherm. Vapotherm must reply to lawful requests from public authorities, including to meet national security or law enforcement requirements, for disclosure of Personal Information.

Vapotherm does not sell, lease, or rent Personal Information to third parties.

In general, you may visit our Websites without providing any Personal Information. However, you may choose to provide us with Personal Information by completing online forms. At the point of collection we will inform you of how your Personal Information will be used; apart from these uses, Vapotherm will only use your Personal Information in accordance with the terms of this Policy.

Use of Cookies

Cookies are small files that a site transfers to your computer’s hard drive through your web browser (if you allow) that enables it to recognize your browser and capture and remember certain information. A cookie cannot read data off your hard drive or read cookie files created by other sites. Cookies may do things like allow you to navigate faster through the site, remember your preferences and passwords and generally improve the user experience. You can turn off the ability to receive cookies by adjusting your bowser settings – please note that if you do so, this may affect the functionality of the website and the information you can access through it.

Vapotherm uses cookies to compile aggregate data about website traffic and interaction so that we can offer better site experience and content in the future. We use third-party companies such as Google-Analytics to assist us in understanding our website visitors.

Employee Information

We collect Employee Information from prospective and present Employees only for legitimate business purposes, including

the management and operations of our company, its functions and activities,
Employee communications, including Employee surveys,
maintaining a global directory,
carrying out obligations under employment contracts and employment, tax and benefits laws, and in connection with other working relationships or arrangements,
development and training programs,
recruiting and hiring job applicants,
assessing qualifications and performance,
performing background checks and verifying references where applicable,
managing Employee performance,
determining Employee compensation or payment,
managing the Employee termination process, and
other general human resources purposes.

Our European Union Employees at the time of their employment are notified in detail how their Personal Information will be used. Employee information on health, performance evaluations and disciplinary actions and other sensitive Employee matters, whether it is stored manually or electronically, is accessible by other Vapotherm Employees only if necessary with respect to legitimate human resource functions or issues. Vapotherm will obtain affirmative consent from an Employee before using such Employee’s Personal Information for any purpose other than described above. Employees may decline to provide this consent, and Employees may withdraw their consent at any time.

For legitimate human resources purposes, Employees may choose to voluntarily disclose Personal Information about family members. If our Employees choose to do this, their family member’s Personal Information shall be treated, for the purposes of this Policy, the same as an Employee’s Personal Information. Employee Personal Information is never sold, leased or rented to any third party. Employee Personal Information will never be disclosed to third parties except as follows:

to those retained by Vapotherm as agents for the purposes set forth in the paragraph above,
where required pursuant to an applicable law, government or judicial order, law or regulation, or to protect the rights or property of Vapotherm
where authorised in writing by the Employee, and
where the Employee voluntarily provides Personal Information and the context makes it clear such information will be provided to a third party.

Where personal data is transferred from the EU to the US in the context of the employment relationship, we will cooperate in investigations by and to comply with the advice of the competent EU Authorities.

Choice

We will always give you an opportunity to choose opt-out before your Personal Information is (1) disclosed to a third party (other than a Vapotherm agent doing work at our direction), or (2) to be used for a purpose that is materially different than that for which it was originally collected or subsequently authorised by you. Although we do not ever anticipate providing sensitive Personal Information, such as Employee health information, to a non-agent third party or using it for a purpose other than that for which it was collected, we will never do so without first allowing the individual involved to affirmatively and expressly consent (opt-in) to such transfer or use. The only exception to this choice for both sensitive and non-sensitive Personal Information would be where we are required to disclose your Personal Information pursuant to government or judicial order, law or regulation to meet national security or law enforcement requirements.

At a minimum, you will always be able to opt-out from receiving marketing materials from Vapotherm If we determine that applicable national law requires that more stringent requirements (opt-in) be applied before you receive marketing material or other communications from us, we will implement the same.

Accountability for Onward Transfer

We will not transfer Personal Information originating in the EU or Switzerland to third parties unless such third parties have entered into an agreement in writing with us requiring them to provide at least the same level of privacy protection to your Personal Information as required by the Principles of the EU-US and Swiss-US Privacy Shield Frameworks. We will only transfer data to our agents, resellers or third party service providers (such as accountants, attorneys, consultants and other service providers) who need the information in order to provide services or to perform activities on behalf of Vapotherm, including in connection with the delivery of services or products, Vapotherm’s management, or legal responsibilities. We acknowledge our liability for such data transfers to third parties.

To protect Personal Information collected and stored by Vapotherm, we have in place reasonable and appropriate technical and operational security measures to prevent Personal Information from loss, misuse, unauthorised access, disclosure, alteration and destruction.

Data Integrity and Purpose Limitation

We will only collect and retain Personal Information which is relevant to the purposes for which the information is collected, and we will not use it in a way that is incompatible with such purposes unless such use has been subsequently authorised by you. We will take reasonable steps to ensure that Personal Information is reliable for its intended use, accurate, complete and current. We may occasionally contact you to determine that your data is still accurate and current.

Access

You have the right to access personal data relating to you. If you wish to access, amend, or confirm that Vapotherm has personal data relating to you, or if you wish to correct or delete your Personal Information if it is inaccurate, please notify us at complianceadmin@vtherm.com or at (603) 658-0411. We will respond to your request within a reasonable time.

Employees may review their personal files and any Personal Information concerning them upon by emailing complianceadmin@vtherm.com.

Recourse, Enforcement and Liability

Since we are committed to protecting your privacy as set forth in this Policy, if you think we are not in compliance with our Policy, or if you have any question or if you wish to take any other action concerning this Policy or your Personal Information, we encourage you to contact us at complianceadmin@vtherm.com or call us at (603) 658-0411. We will investigate your complaint, take appropriate action and report back to you within 45 days.

If the Personal Information in question was transferred from the EU or Switzerland to the United States, and you are not satisfied with our response, Vapotherm has agreed to participate in the dispute resolution procedures of the panel established by the EU data protection authorities (DPAs) and Swiss FDPIC to resolve disputes pursuant to the EU-US Privacy Shield Principles. A resident of the European Union (EU) or Switzerland whose enquiry has not been satisfactorily addressed may contact the EU DPAs panel or individual EU DPAs using the information provided at http://ec.europa.eu/justice/data-protection/bodies/authorities/third-countries/index_en.htm to resolve disputes pursuant to the EU-US and Swiss-US Privacy Shield Principles.

Vapotherm commits to cooperate with EU data protection authorities (DPAs) and the Swiss Federal Data Protection and Information Commissioner (FDPIC) and comply with the advice given by such authorities with regard to human resources and non-human resources data transferred from the EU and Switzerland in the context of the employment relationship.

Finally, as a last resort and in limited situations, EU and Swiss individuals may seek redress from the Privacy Shield Panel, a binding arbitration mechanism.

The services of the EU DPAs panel are provided at no cost to you.

Limitation on Application of Principles

Adherence by Vapotherm to these EU-US and Swiss-US Privacy Shield Principles may be limited (a) to the extent required to respond to a legal or ethical obligation; (b) to the extent necessary to meet national security, public interest or law enforcement obligations; (c) to the extent expressly permitted by an applicable law, rule or regulation; and (d) to the extent that Vapotherm has limited or no control over the actions of the individuals who have provided information.

Contact Information

Questions or comments regarding this Policy should be submitted to Vapotherm by email to: complianceadmin@vtherm.com or by mail to: Vapotherm, 100 Domain Drive, Exeter, New Hampshire 03833.

Changes to this Policy

Changes to this EU-US and Swiss-US Privacy Shield Privacy Policy

This Policy may be amended from time to time, consistent with the requirements of the EU-US and Swiss-US Privacy Shield Principles. A notice will be posted on the Vapotherm website (www.vapotherm.com) for 60 days whenever this EU-US and Swiss-US Privacy Shield Privacy Policy is changed in a material way.

Terms and Conditions

GENERAL INFORMATION. This website is owned and operated by Vapotherm. These Terms of Use were last updated on March 27, 2017 and Vapotherm may change these Terms of Use at any time. By accessing and using this website, you agree to follow and be bound by the most recent version of these Terms of Use. You acknowledge (i) that you have read and understood these terms and conditions and (ii) that these terms and conditions have the same force and effect as a signed agreement. If you do not agree to follow and be bound by these terms and conditions, you may not access, use, or download materials from this website.

Much of the information on this website relates to products and services offered by Vapotherm. The materials on this website are for your general educational information only. The information provided on the website is not intended nor recommended as a substitute for professional medical advice, and is designed to support, not replace, the relationship that exists between you and your physician. Vapotherm does not practice medicine or provide medical services.

This website contains information about products and services that are approved and/or cleared for use in the United States and in the other countries that are identified in this website for the distribution of Vapotherm’s products. If you do not live in one of these countries, you may see information on this website about products and services that are not approved, cleared and/or marketed in your country.

COPYRIGHTS AND TRADEMARKS. The materials on this website belong to or are licensed to Vapotherm. The materials are protected by United States and foreign copyright laws. You may e-mail, download, or print copies of the materials on this website, but only for your personal, noncommercial use. When you e-mail, download, or print a copy of the materials on this website, you must also include all copyright and other notices that are in the materials.

We also own the names we use for our products and services on this website, and these names are protected by the United Kingdom, United States, and foreign trademark laws. You agree not to display or use Vapotherm’s logos or trademarks in any manner without our prior written permission. As of the date these Terms of Use were last updated, Vapotherm, HiVNI, Vaposoft, and IntellO2 are registered trademarks of Vapotherm, Inc. Solus, No Mask. No Problem., When Oxygen is Not Enough, High Velocity Therapy, HVT, Medical Grade Vapor, This is Precision Flow. Everything else isn’t., Vapotherm 2000i, Precision Flow – Heliox, Flowrest, Precision Flow, HFT, VSoftOne, VSoft, Unicorn, Take the Work Out of Breathing, SPNC, and HFNC are trademarks of Vapotherm, Inc. All rights not expressly granted are reserved.

LINKING TO THIS WEBSITE/USE OF VAPOTHERM MARKS. You are hereby granted a non-exclusive, limited, and revocable license to link to this website. Vapotherm reserves the right to revoke this license or your right to use specific links at any time.

You agree not to present the link to this website in a manner that suggests an endorsement of any company, product, or service. You agree that the link will not appear on a website that a reasonable person may consider defamatory, harassing, or grossly offensive.

LINKS TO THIRD PARTY WEBSITES. This website may contain links to websites not operated by Vapotherm. We provide these links for your convenience, but we do not review, control, endorse, or monitor the materials on any other websites. We are not responsible for the performance of those websites or for your business dealings with them.

USER GENERATED CONTENT. Any information that you submit through this website will be considered non-personal, non-confidential, and non-proprietary (other than personal information or personal data, as those terms are used in our Privacy Policy). If you transmit any ideas, information, know-how or techniques to us through this website, you hereby grant Vapotherm an unrestricted, royalty-free, irrevocable license to use, reproduce, modify, and distribute them in any medium without compensation to you.

NO WARRANTIES. ALL CONTENT ON THIS WEBSITE IS PROVIDED TO YOU ON AN “AS IS” BASIS. VAPOTHERM DISCLAIMS ALL WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. VAPOTHERM MAKES NO WARRANTY AS TO THE ACCURACY, COMPLETENESS, CURRENCY, OR RELIABILITY OF ANY CONTENT AVAILABLE THROUGH THIS WEBSITE.

LIMITATION OF LIABILITY. USE OF THE WEBSITE AND THE MATERIALS AVAILABLE ON THE WEBSITE IS AT YOUR SOLE RISK. YOU AGREE THAT NEITHER VAPOTHERM NOR ANY PERSON OR ENTITY ASSOCIATED WITH VAPOTHERM IS LIABLE FOR ANY DAMAGE RESULTING FROM YOUR USE OR INABILITY TO USE THIS WEBSITE OR THE MATERIALS ON THIS WEBSITE. THIS LIMITATION INCLUDES WITHOUT LIMITATION CLAIMS BASED ON WARRANTY, CONTRACT, TORT, STRICT LIABILITY. THIS LIMITATION APPLIES TO VAPOTHERM, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AND SUPPLIERS. THIS LIMITATION COVERS ALL LOSSES INCLUDING WITHOUT LIMITATION, DIRECT OR INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, AND PUNITIVE DAMAGES, PERSONAL INJURY/WRONGFUL DEATH, LOST PROFITS, OR DAMAGES RESULTING FROM LOST DATA OR BUSINESS INTERRUPTION EVEN IF VAPOTHERM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

OTHER INFORMATION. In addition these Terms of Use and the Privacy Policy, you may be subject to additional terms that may apply when you access particular services or materials on certain areas in this website.

If any provision of these Terms of Use is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms of Use, which shall remain in full force and effect. No waiver of any of these Terms of Use shall be deemed a further or continuing waiver of such term or condition.

If you violate these Terms of Use or the Privacy Policy in a way that causes harm to others, you agree to hold Vapotherm harmless against any liability for that harm.

By using this website, you agree that the only proper jurisdiction and venue for any dispute with Vapotherm, or in any way relating to your use of this website, is in the state and federal courts in the State of New Hampshire, U.S.A. You further agree and consent to the exercise of personal jurisdiction in these courts in connection with any dispute involving Vapotherm or its affiliates, employees, officers, directors, agents, or suppliers.

These Terms of Use are governed by the internal substantive laws of the State of New Hampshire, without respect to its conflict of laws principles, and the federal laws of the United States.

If you have any questions regarding these Terms of Use, please contact Vapotherm’s legal and compliance department directly by emailing complianceadmin@vtherm.com or by calling (855) 782-2953.