Modulight Corp. is committed to protect your personal data and to respect your privacy. This privacy statement explains the reason for the processing of your personal data, the way we collect, handle and ensure protection of all personal data provided, how that information is used and what rights you have in relation to your personal data. It also specifies the contact details of the responsible Data Controller with whom you may exercise your rights.

Last Updated December 20, 2022

Modulight Corp. and our affiliates and subsidiaries (“Modulight,” “we,” “us,” or “our”) recognizes the importance of protecting the privacy of your information, and we have prepared this Privacy Policy (this “Privacy Policy”) to provide you (the “Providers”) with important information about the privacy practices applicable to the Modulight software, Modulight medical devices, websites services, and any website and application, product or service including, without limitation, cloud.modulight.com, modulight.com, and any other website, application or online service that links to or refers to this Privacy Policy (collectively, the “Modulight Services”).

Modulight provides Providers with the Modulight Services to enable Modulight medical device control, treatment protocol setup, treatment monitoring, personal health records, communications, and other related activities. Other than information gathered through our websites at www.modulight.com, Modulight acts as a service provider for health service providers and healthcare professionals and does not own or control the information that is submitted to us through the Modulight Services. The information that is submitted through the Modulight Services will be held subject to the requirements specified by our health service provider clients and applicable laws and regulations.

This Privacy Policy covers any information, that alone or when in combination with other information may be used to readily identify, contact, or locate an individual (“Personal Information”), that is in our possession, including but not limited to Patient’s (as defined below) information shared by Providers, Patients, third parties at the direction of users, and Provider systems as well as through the Modulight Services. “Personal Information” also includes identifiable health information collected about you. We do not consider Personal Information to include information that has been anonymized so that it does not allow a third party to easily identify a specific individual. This Privacy Policy describes how Modulight collects, uses, and discloses Personal Information.

In addition, individually identifiable information that you provide to us for purposes of providing medical care to your potential or existing patients (“Patient” or “Patients”) (such information is also referred to as “Protected Health Information” or “PHI”) will also be subject to each Provider’s Health Insurance Portability and Accountability Act Notice of Privacy Practices (the “HIPAA Notice”), which each Provider shall make available to Patients. The HIPAA Notice shall describe how the Providers can use and share the Patients’ PHI with Modulight and other third parties and also describes the Patients’ rights with respect to their PHI.

This Privacy Policy does not reflect the privacy practices of the Providers and Modulight is not responsible for our Providers’ privacy policies or practices. Modulight does not review, comment upon, or monitor a Provider’s HIPAA Notice or their compliance with their respective privacy policies, nor does Modulight review our client’s instructions to determine whether they are in compliance or conflict with the terms of a client’s published privacy policy or applicable law.

We may collect the following kinds of information (including Personal Information and PHI of your Patients) when you use the Modulight Services:

Information you or the Patients provide directly to us. For certain activities, such as when the Provider uses our online services, use our mobile apps, or Patients or Providers contact us directly, we may collect some or all of the following types of information:

• Contact information, such as your and the Patients’ full name, email address, mobile phone number, and address;
• Username and password;
• Information about your employment, such as your job title, practice area, primary specialty, and medical license status, gender, date of birth, languages spoken, educational background, address, photograph, social security number, Tax ID, NPI number and professional license information;
• Personal health information, including information about the Patient’s diagnosis, previous treatments, treatment data, treatment settings, general health, and health insurance and information which you have stored in the Modulight mobile app; and
• Any other information you provide to us.

We may combine such information with information we already have about you or the Patients.

Information we collect automatically

Modulight and our third-party partners, such as analytics service providers, may collect certain information automatically when you use our Modulight Services, such as your Internet protocol (IP) address, device and advertising identifiers, browser type, operating system, Internet service provider, pages that you visit before and after using the Modulight Services, the date and time of the Patient’s visit, information about the links you click and pages you view within the Modulight Services, buttons you click and use on Modulight app, and other standard server log information. We may also collect certain location information when you use our Modulight Services, such as your computer’s IP address, your mobile device’s GPS signal, or information about nearby WiFi access points and cell towers.

We may use cookies, pixel tags, and similar technologies to automatically collect this information. Cookies are small bits of information that are stored by your computer’s web browser. Pixel tags are very small images or small pieces of data embedded in images, also known as “web beacons” or “clear GIFs,” that can recognize cookies, the time and date a page is viewed, a description of the page where the pixel tag is placed, and similar information from your computer or device. By using the Modulight Services, you consent to our use of cookies and similar technologies.

We may also collect technical data to address and fix technical problems and improve our Modulight Services, including the memory state of your device when a system or app crash occurs while using our Modulight Services. Your device or browser settings may permit you to control the collection of this technical data. This data may include parts of a document you were using when a problem occurred, or the contents of your communications. By using the Modulight Services, you are consenting to the collection of this technical data.

When we store, process or transmit “individually identifiable health information” (as such term is defined by HIPAA) on behalf of the Provider who has entered a Healthcare Provider User Agreement, we do so as its “business associate” (as also defined by HIPAA). Under this agreement, Modulight is prohibited from using individually identifiable health information in a manner that the provider itself may not. Modulight is required to, among other things, apply reasonable and appropriate measures to safeguard the confidentiality, integrity and availability of individually identifiable health information we store and process on behalf of such providers. Modulight is subject to laws and regulations governing the use and information of certain personal and health information, including HIPAA, when it operates as a business associate of a healthcare provider.

We may also receive information about you from other sources, including through third-party services and organizations. We may combine our first-party data, such as your email address or name, with third-party data from other sources and use this to contact you (e.g. through direct mail). For example, if you access third-party services, such as Facebook, Google, or Twitter, through 0the Modulight Services to login to the Modulight Services or to share information about your experience on the Modulight Services with others, we may collect information from these third-party services.

Cookies and similar technologies

 As practiced by most companies, Modulight also uses cookies and similar technologies (“cookies”) on our websites to personalize and enhance your experience on our sites.

How We Use Cookies

Cookies contain small amounts of information which are downloaded to your device when you visit our website.  Cookies are sent back to our website to allow us to recognize your device.

• Functional Cookies. These cookies enable the website to provide enhanced functionality and personalisation. They may be set by us or by third party providers whose services we have added to our pages. If you do not allow these cookies then some or all of these services may not function properly.
• Performance Cookies. These cookies allow us to count visits and traffic sources so we can measure and improve the performance of our site. They help us to know which pages are the most and least popular and see how visitors move around the site. All information these cookies collect is aggregated and therefore anonymous. If you do not allow these cookies we will not know when you have visited our site, and will not be able to monitor its performance.
• Necessary Cookies. These cookies are necessary for the website to function and cannot be switched off in our systems. They are usually only set in response to actions made by you which amount to a request for services, such as setting your privacy preferences, logging in or filling in forms. You can set your browser to block or alert you about these cookies, but some parts of the site will not then work. These cookies do not store any personally identifiable information.
• Analytical and Customization Cookies allow our site to remember your preferences such as language selection, and help you to view information that is most relevant to your interests; these cookies also help us to maintain and improve our websites by providing information on how visitors find and use the sites, and how well the sites are performing.
• Advertising Cookies may be used in some cases to make advertising messages more relevant to you.

Sharing Tools

To enhance your experience on our websites, we sometimes embed content and sharing tools from other third-party sites, such as “like” buttons from social networking sites; these third-party sites may also place and access cookies on your device. Modulight does not control the placement or access of these third-party cookies. Please review the privacy policies of these third parties to familiarize yourself with their practices.

How we use Personal Information

The use of the information (including Personal Information) we collect online include but are not limited to:

• Providing you the Modulight Services;
• Improving the Modulight Services;
• Contacting you;
• Fulfilling your requests for products, services, and information;
• Sending you information about additional clinical services from us or on behalf of our affiliates and trusted third-party partners;
• send you marketing communications where you have opted in or there is a legitimate basis to send communications;
• Analyzing the use of the Modulight Services and user data to understand and improve the Modulight Services;
• Customizing the content you see when you use the Modulight Services;
• Preventing potentially prohibited or illegal activities and otherwise in accordance with our Terms of Service (which can be found at https://modulight.com/privacy-information/); and
• For any other purposes disclosed to you at the time we collect your information or pursuant to your consent.

From time to time, we may desire to use the information we collect online for uses not previously listed in this Privacy Policy. If our practices change regarding previously collected Personal Information in a way that would be materially less for any other purposes disclosed to you at the time we collect your information or pursuant to your consent restrictive than stated in the version of this Privacy Policy in effect at the time we collected the information, we will make reasonable efforts to provide notice and obtain consent to any such uses as may be required by law.

Any request to obtain your consent does not narrow the scope of this Privacy Policy. By using the Modulight Service, you accept and agree to Modulight’s information handling practices in the manner described in this Privacy Policy and in our Terms of Use.

We may use the information collected through the Modulight Services to investigate potential or suspected threats to the Modulight Services or to the confidentiality, integrity or availability of the information Modulight stores and maintains.

By using the Modulight Services you agree to receive texts, phone calls, and/or email from us at the phone numbers and email addresses you provided to us for informational and customer service-related purposes.

Additionally, we may send an email to the email address you provide us in order to verify your account and for informational and operational purposes, such as account management, customer service, or system maintenance. We may also send you marketing emails if you request more information about our products and services. Emails are often transactional or relationship messages, such as appointment requests, reminders and cancellations and other notifications. Modulight may not offer you the option of opting out of receiving some of these messages although Modulight may allow you to modify how often you receive such messages. If you opt-in to receiving marketing announcements from Modulight, we will allow you to opt-out of receiving those announcements.

Electronic Notices

By using the Modulight Services or providing Personal Information to us, you agree that we may communicate with you electronically regarding security, privacy, and administrative issues relating to your use of the Modulight Services. If we learn of a security system’s breach, we may attempt to notify you electronically by posting a notice on the Modulight Services or sending a text or email to you. You may have a legal right to receive this notice in writing. To receive free written notice of a security breach (or to withdraw your consent from receiving electronic notice), please contact us.

We may use your data to enable advanced billing services. For example, treatment or treatment length-based licensing of Modulight’s devices.

We may anonymize and aggregate any data collected through the Modulight Services, and use it for business purposes. For example, we may use such data for evaluating and profiling the performance of the Modulight Services, including analyzing usage trends and patterns and measuring the effectiveness of content, features, or services.

We are committed to maintaining your trust, and we want you to understand when and with whom we may share the information we collect.

Authorized third-party vendors and service providers. We may share your Personal Information and PHI with third-party vendors and service providers that help us with specialized services, including billing, payment processing, customer service, email deployment, business analytics, marketing (including but not limited to advertising, attribution, deep-linking, direct-mail, mobile marketing, optimization and retargeting), performance monitoring, hosting, and data processing. These third-party vendors and service providers may not use your information for purposes other than those related to the services they are providing to us.

Research partners. We may share your information with our research partners to conduct health-related research; such sharing may be subject to your separate written authorization.

Corporate affiliates. In order to streamline certain business operations, develop products and services that better meet the interests and needs of our customers, and inform our customers about relevant products and services, you hereby agree that we may share your Personal Information with any of our current or future affiliated entities, subsidiaries and parent companies.

Business transfers. We may share your information in connection with a substantial corporate transaction, such as the sale of a website, a merger, consolidation, asset sale, or in the unlikely event of bankruptcy.

Legal purposes. We may disclose information to respond to subpoenas, warrants, court orders, legal process, law enforcement requests, legal claims or government inquiries, and to protect and defend the rights, interests, health, safety, and security of Modulight, our affiliates, users, or the public. If we are legally compelled to disclose information about you to a third-party, we will attempt to notify you by sending an email to the email address in our records unless doing so would violate the law or unless you have not provided your email address to us.

With your consent or at your direction. We may share information for any other purposes disclosed to you at the time we collect the information or pursuant to your consent or direction.

If you access third-party services, such as Facebook, Google, or Twitter, through the Modulight Services to share information about your experience on the Modulight Services with others, these third-party services may be able to collect information about you, including information about your activity on the site, and they may notify your connections on the third-party services about your use of the website, in accordance with their own privacy policies.

If you choose to engage in public activities on the website or third-party sites that we link to, you should be aware that any information you share there can be read, collected, or used by other users of these areas. You should use caution in disclosing Personal Information while participating in these areas. We are not responsible for the information you choose to submit in these public areas.

Some of the Modulight Services may contain links to content maintained by third parties that we do not control. We allow third parties, including business partners, advertising networks, and other advertising service providers, to collect information about your online activities through cookies, pixels, local storage, and other technologies. These third parties may use this information to display advertisements on our Modulight Services and elsewhere online tailored to your interests, preferences, and characteristics. We are not responsible for the privacy practices of these third parties, and the information practices of these third parties are not covered by this Privacy Policy.

Some third parties collect information about users of our Modulight Services to provide interest-based advertising on our Modulight Services and elsewhere, including across browsers and devices. These third parties may use the information they collect on our Modulight Services to make predictions about your interests in order to provide you ads (from us and other companies) across the internet. Some of these third parties may participate in an industry organization that gives users the opportunity to opt out of receiving ads that are tailored based on your online activities. Due to differences between using apps and websites on mobile devices, you may need to take additional steps to disable targeted ad technologies in mobile apps. Many mobile devices allow you to opt out of targeted advertising for mobile apps using the settings within the mobile app or your mobile device. For more information, please check your mobile settings. You also may uninstall our apps using the standard uninstall process available on your mobile device or app marketplace.

To opt out of interest-based advertising across browsers and devices from companies that participate in the Digital Advertising Alliance or Network Advertising Initiative opt-out programs, please visit their respective websites. You may also be able to opt out of interest-based advertising through the settings within the mobile app or your mobile device, but your opt-out choice may apply only to the browser or device you are using when you opt out, so you should opt out on each of your browsers and devices if you want to disable all cross-device linking for interest-based advertising. If you opt out, you will still receive advertisements, but they may not be as relevant to you and your interests, and your experience on our Modulight Services may be degraded.

Do-Not-Track Signals and Similar Mechanisms

Some web browsers transmit “do-not-track” signals to websites. Because of differences in how web browsers incorporate and activate this feature, it is not always clear whether users intend for these signals to be transmitted, or whether they even are aware of them. We currently do not take action in response to these signals.

Third-Party Browser Extensions

Extensions are small software programs, developed by third parties, that can modify and enhance the functionality of your browser. Extensions may have privileges, including the ability to read, record and/or modify your private data, including PHI. These extensions are installed by individual users into the browser on their computers and are utilized at users’ own risk. Further, such extensions are not affiliated with Modulight and Modulight does not have visibility into which extensions any user may use. Modulight assumes no risk of loss of data or breach of such data due to your use of browser extensions.

Prior to using the Modulight Services, if you have one (or more) of these extensions enabled in your browsers, Modulight recommends completely removing all of these extensions immediately as disabling the extensions may not be sufficient to protect your PHI. We recommend that you only access the Modulight Services from supported browsers that have all plugins and extensions removed.

Further, installing any third-party software on your operating system may also subject you to the same risks as using browser extensions. Modulight has no liability to you due to damages caused by any third-party software, including, without limitations, browser extensions.