At CPAPfix we value our customer’s privacy and the information that you provide while shopping with us. The following privacy policy outlines our data practices.
 
This privacy policy describes how CPAPfix (hereinafter referred to as “CPAPfix,” “Company, “we,” “us,” or “our”) collects, uses, discloses, and stores the information of those who provide us with their contact information while using our websites (“Services”).


If you do not agree with our policies and practices, your choice is to not use Our Services. By accessing or using Our Services, you agree to this privacy policy. This policy may change from time to time. Your continued use of the Services after we make changes is deemed to be acceptance of those changes with respect to such continued use, so please check the policy periodically for updates.
Information We Collect:
 
P E R S O N A L   I N F O R M A T I O N
“Personal Information” is information that alone or in combination with other information can be used to identify you, such as your full name, email address, postal address, telephone number, and payment information.
We collect, retain and process Personal Information about Users in order to provide our Services and for the other purposes described in this Privacy Policy. We collect Personal Information when you:

  • Register for an account on one of our websites, media products, or mobile applications;
  • Subscribe to our email newsletters or promotions;
  • Participate in our surveys;
  • Complete a transaction on our site;
  • Otherwise communicate with us or interact with our websites.

In some cases, you will provide information to us to fully utilize our Services. In other cases, information about you or your activities on our Services may be automatically collected, as further described below.
The Services may provide blogs, open discussion forums, or other ways to publicly interact with other Users. CPAPfix encourages Users not to post sensitive personal information in such forums, discussions or other areas. Such information will be accessible to other Users and individuals. CPAPfix and its subsidiaries are not responsible for the information you volunteer about yourself in discussions on our forums or other publicly accessible interactions, or the information that you choose to provide to exhibitors during in-person events.
Personal Information that is also considered Protected Health Information under applicable law is, when we are acting as a covered entity under such laws, subject to Our Notice of Protected Health Information Privacy Policy, which will govern Our practices with respect to such information in those circumstances, notwithstanding anything to the contrary under this general privacy policy.
 
OTHER INFORMATION; COOKIES
 
We use cookies (small data files stored on your computer by your web browser upon visiting a website), web beacons, and similar technologies to operate our services efficiently and as intended. A cookie is a small file containing a string of characters that is sent to your computer when you visit a website. When you visit the website again, the cookie allows that site to recognize your browser. Cookies may store unique identifiers, user preferences, and other information. Through such technologies, we gather information about you, such as your browser type, operating system, IP address, mobile device identification number, the sites visited before and after our Site, and about your interactions with our services, such as the time and date when you viewed a page, location of visit, browsing actions, and whether you filled out an online form.
Web beacons are small electronic files (also known as clear gifs, pixel tags, or single-pixel gifs) to permit CPAPfix to count users who have visited pages or interacted with marketing communications.
You may set your browser to block all cookies, including CPAPfix and its subsidiaries while using our services, but doing so will prevent some aspects of our services to not function properly. You may also set your browser to block third-party cookies and allow first-party cookies, which would allow us (but not third parties) to collect such information while you are on our sites. In addition, some browsers may allow you to block certain web beacons and similar tracking codes. Please refer to your browser’s documentation if you wish to block some or all cookies, web beacons, and/or similar tools. To find out more about cookies, including how to manage and delete cookies, visit www.allaboutcookies.org.
 
T H I R D-P A R T Y   D A T A   C O L L E C T I O N
 
We may collect information from third-party social networks. This allows for the sharing of contacts and content between the Company and a third-party social network and “liking” or “sharing” Company content. Information that you post or provide access to may be publicly displayed on the Service or by the third-party service you use. Similarly, if you post information on a third-party service that references CPAPfix or its subsidiaries (ie, hashtag), your post may be used on or in connection with the Company. Both Company and the third-party may have access to certain information about you or your use of the Service and any Third-Party Service.


The Company may use Google Analytics, Tealium, and other third-party providers for analytics services. Information generated by these services may be transmitted to and stored by these service providers on servers in the United States (or elsewhere) and these service providers may use this information for purposes of evaluating your use of the Service, compiling statistical reports on the Services’ activity, and providing other services related to the Services activity and Internet usage.
 
HOW WE USE YOUR INFORMATION
 
We may use your information for the following purposes:

  • To provide the Services to you and improve the Services;
  • To operate, improve, and personalize the products and services we offer and to give each user a more consistent and personalized experience when interacting with us;
  • To provide you with information and promotions on products and services that we think might be of interest to you;
  • For customer service, security, to detect fraud or illegal activities, and for archival and back-up purposes in connection with the provision of the Services;
  • To send you account notices, including registration confirmation, and to provide you with information about products or Services you have ordered, or which may be of interest to you;
  • For research and analysis purposes;
  • To communicate with users; and
  • To enforce our Terms of Use and other applicable policies.

We may also use your Personal Information to ask for input about our services, events, or products or provide you with additional information about the sites.


We may also, consistent with applicable law, send you e-newsletters with targeted, relevant content. Each e-newsletter will provide you with an opportunity to unsubscribe. Unsubscribing from one newsletter will may affect the delivery of other newsletters or services.


In some cases, consistent with applicable law, we may send you relevant offers from third party businesses or organizations. Many of our customers appreciate receiving these offers because they relate to their personal needs. However, you will always be able to opt-out of receiving future third party offers. All promotional and research email messages you receive from us will include an option to opt-out of future email communications from that particular CPAPfix subsidiary or brand.


At times, the Company may engage and work with Service Providers to serve advertisements on the Services or products. These ads may be tailored to your preferences based on browsing history or online behavior, sometimes referred to as “internet-based advertising.” This may include sending you an ad on a third-party service after you have left Services.


HOW WE SHARE INFORMATION WITH THIRD PARTIES
 
Generally, we do not sell or share your personal information with third parties for marketing purposes.
We may provide your information to our clients as well as those acting as our agents in providing our products and services, including third-party companies we have employed to provide us with specialized services, including customer service, research, statistical analysis, information verification, postal mailings, and other information services. In compliance with privacy laws, we also provide our opt-out lists to those third-party companies so that they can be suppressed from the communications those companies send on CPAPfix’s behalf.


From time to time our partners may wish to receive information detailing User engagement with content, or contact our subscribers and customers who may have indicated an interest in the products, services or events for which the partner is associated. If you register for products or services offered by such partners, or for events sponsored in whole or in part by a third party, or otherwise opt-in to permit us to share your personally identifiable information, then you may receive communications, consistent with applicable law, directly from such third parties. If you provide information on a co-branded site or while using a co-branded service, you grant us permission to share the information you have provided with that service or site partner. Their use of your information is subject to their privacy policies and we urge you to read those policies and be aware of their privacy practices before registering.


Should you attend one of our sponsored events, we may provide the Personal Information you provide to us to vendors also attending the event. We will only provide this information to the vendor for a specific use and purpose, but do not warrant that the vendor will keep the same information confidential or private. In addition, we may share your contact information with sponsors who appear in a particular e-newsletter of ours if you click on their link in the e-newsletter, and they may, consistent with applicable law, contact you regarding their products and services.


The Company may share information about you for any purposes not inconsistent with the Privacy Policy including:

  • To contracted third parties to help with our business operations, such as an investigation of fraud or bill collection;
  • If you signed up for the newsletter or participated in a survey involving a third party contractor that performs such services on our behalf;
  • To comply with the law, law enforcement or other legal processes, or in response to a government request;
  • If the Company believes your actions are inconsistent with applicable terms or policies or to protect the rights, property, life, health, security, and safety of Company, Services, users, or any third party;
  • To fulfill the purpose you provided;
  • With your consent.

In addition, the Company may share information (personal and non-personal) in connection with or during negotiations of any proposed or actual financing of our business, or merger, purchase, sale, joint venture, or any other type of acquisition or business combination of any or all portion of Company assets, or transfer of all or a portion of Company’s business to another company, whether as a going concern or as part of bankruptcy, liquidation, or similar proceedings.


To the extent we receive your protected healthcare information in our capacity as a covered entity under applicable state or federal healthcare privacy laws, our Notice of Protected Health Information Privacy Policy will govern practices with respect to such information in those circumstances.


N E W S L E T T E R S   A N D   C O M M U N I C A T I O N


We provide an opt-in newsletter that is delivered via email to our users. You may unsubscribe from receiving these newsletters at any time.


Email communication we receive may be shared with our customer service representations to address your inquiry. We make every effort to respond in a timely fashion once communication is received, but do not guarantee a response. Once we have responded, communication is either disregarded or archived, depending on the inquiry.


We may from time to time contact you for promotional reasons, such as customer surveys, replacement reminders, user reviews, and special promotions that we may offer. If you do not wish to receive these emails, please unsubscribe per instructions at the bottom of the email.


Finally, we may contact you non-promotional purposes regarding your order. This includes order confirmation and shipping confirmation emails. We may also send you follow-up emails regarding payments for items, as well as requests for prescription notes or sleep study confirmations. These emails are known as transactional emails and you cannot unsubscribe from them as you can from our newsletter or promotional emails.


Inbound phone calls to the Company may be monitored and recorded for training or quality assurance purposes. A recorded disclosure will state,” This call may be monitored or recorded for training or quality assurance purposes.” By staying on the call, you are granting your consent for the call to be monitored.

 
S U R V E Y S


We occasionally survey visitors to our site. The information collected by us or our third-party Service providers help us better understand the needs of our visitors to improve our Services. This information may be shared with third parties with whom we have a business relationship, such as suppliers of products we sell. If asked to provide personal information for follow-up, you may choose to decline.


P A S S W O R D   S A F E T Y


The password you choose is needed to access your account. Use a combination of unique identifiers (letters, numbers, and characters) and do not share your password with others. If you do give away your password or personal information to others, you are accountable and liable for any and all activity executed under the account. If your password is compromised, you may lose considerable control over your personal information and may be subject to legally binding actions taken on your behalf. If you believe your password is compromised, notify the Company and change your password immediately.


INFORMATION TRANSFER
 
By using the Services, you will transfer data to the United States.


HOW WE KEEP YOUR INFORMATION SECURE


We use reasonable precautions, including appropriate technical, administrative, and physical procedures, designed to protect Personal Information from loss, misuse, or alteration. When we contract with other companies to provide us with services, we will require them to also use reasonable safeguards to protect such Personal Information. However, we are not responsible for any breach of security or for the actions of these parties. Due to the design of the Internet and other factors outside our control, we cannot guarantee that communications between you and our servers will be free from unauthorized access by third parties.
The email functionality on our Services is un-encrypted and does not provide a secure and confidential means of communication. It is possible that your email communication may be accessed or viewed by another Internet user while in transit to us. If you wish to keep your communication private, do not use our email.


P R O T E C T E D   H E A L T H   I N F O R M A T I O N


Because we do not electronically submit payment for our products using HIPAA transaction codes, we are not required to comply with the federal Health Insurance and Portability Act. However, we believe that information related to your medical care or Protected Health Information is sensitive and should be protected. For information on how we use or disclose your Protected Health Information, see our Protected Health Information Privacy Policy.


CHILDREN’s PRIVACY


Our Services are not intended for children under the age of 13. No one under the age of 13 may provide personal information to the Services. We don’t knowingly collect personal information, as defined by the federal Children’s Online Privacy Protection Act (COPPA), from children under the age of 13. If we learn we have collected or received personal information from a child under 13, we will delete or otherwise treat that information as required by COPPA.


You may only order products if you are 18 years old or older. If you place an order, you promise that you are 18 years old or older. If you are under the age of 18 and would like to purchase a product, your parent or guardian should place the order for you.


DO NOT TRACK


The Service does not support Do Not Track at this time. Do Not Track is a privacy preference that you can set in your web browser to indicate that you do not want certain information about your webpage visits collected across websites when you have not interacted with that service on the page. For all the details, including how to turn on Do Not Track, visit https://allaboutdnt.com/.
 
CHANGES TO THIS PRIVACY POLICY


We may occasionally update this Privacy Policy. When we do, we will also revise the “last updated” date below. For changes to this Privacy Policy that may be materially less restrictive on our use or disclosure of your personal information, we will attempt to notify you by email of the change. We encourage you to review this Privacy Policy from time to time to stay informed about how we are protecting the personal information we collect. If you continue to use our site or services after we have attempted to contact you about material changes to the Privacy Policy, we will assume that you agree to the changes


We store your Personal Information until you request that we no longer do so or consistent with our internal document retention policies. To ask us to delete and no longer store your Personal Information, please contact us at the addresses provided above.

 

SMS/MMS MOBILE MESSAGE MARKETING PROGRAM TERMS AND CONDITIONS

CPAP fix (hereinafter, “We,” “Us,” “Our”) is offering a mobile messaging program (the “Program”), which you agree to use and participate in subject to these Mobile Messaging Terms and Conditions and Privacy Policy (the “Agreement”). By opting in to or participating in any of our Programs, you accept and agree to these terms and conditions, including, without limitation, your agreement to resolve any disputes with us through binding, individual-only arbitration, as detailed in the “Dispute Resolution” section below. This Agreement is limited to the Program and is not intended to modify other Terms and Conditions or Privacy Policy that may govern the relationship between you and Us in other contexts.

User Opt In: The Program allows Users to receive SMS/MMS mobile messages by affirmatively opting into the Program, such as through online or application-based enrollment forms. Regardless of the opt-in method you utilized to join the Program, you agree that this Agreement applies to your participation in the Program. By participating in the Program, you agree to receive autodialed or prerecorded marketing mobile messages at the phone number associated with your opt-in, and you understand that consent is not required to make any purchase from Us. While you consent to receive messages sent using an autodialer, the foregoing shall not be interpreted to suggest or imply that any or all of Our mobile messages are sent using an automatic telephone dialing system (“ATDS” or “autodialer”). Message and data rates may apply.

User Opt Out: If you do not wish to continue participating in the Program or no longer agree to this Agreement, you agree to reply STOP, END, CANCEL, UNSUBSCRIBE, or QUIT to any mobile message from Us in order to opt out of the Program. You may receive an additional mobile message confirming your decision to opt out. You understand and agree that the foregoing options are the only reasonable methods of opting out. You also understand and agree that any other method of opting out, including, but not limited to, texting words other than those set forth above or verbally requesting one of our employees to remove you from our list, is not a reasonable means of opting out.

Duty to Notify and Indemnify: If at any time you intend to stop using the mobile telephone number that has been used to subscribe to the Program, including canceling your service plan or selling or transferring the phone number to another party, you agree that you will complete the User Opt Out process set forth above prior to ending your use of the mobile telephone number. You understand and agree that your agreement to do so is a material part of these terms and conditions. You further agree that, if you discontinue the use of your mobile telephone number without notifying Us of such change, you agree that you will be responsible for all costs (including attorneys’ fees) and liabilities incurred by Us, or any party that assists in the delivery of the mobile messages, as a result of claims brought by individual(s) who are later assigned that mobile telephone number. This duty and agreement shall survive any cancellation or termination of your agreement to participate in any of our Programs.

YOU AGREE THAT YOU SHALL INDEMNIFY, DEFEND, AND HOLD US HARMLESS FROM ANY CLAIM OR LIABILITY RESULTING FROM YOUR FAILURE TO NOTIFY US OF A CHANGE IN THE INFORMATION YOU HAVE PROVIDED, INCLUDING ANY CLAIM OR LIABILITY UNDER THE TELEPHONE CONSUMER PROTECTION ACT, 47 U.S.C. § 227, et seq., OR SIMILAR STATE AND FEDERAL LAWS, AND ANY REGULATIONS PROMULGATED THEREUNDER RESULTING FROM US ATTEMPTING TO CONTACT YOU AT THE MOBILE TELEPHONE NUMBER YOU PROVIDED.

Program Description: Without limiting the scope of the Program, users that opt into the Program can expect to receive messages concerning the marketing and sale of digital and physical products, services, and events.

Cost and Frequency: Message and data rates may apply. The Program involves recurring mobile messages, and additional mobile messages may be sent periodically based on your interaction with Us.

Support Instructions: For support regarding the Program, text “HELP” to the number you received messages from or email us at smisson@gmail.com. Please note that the use of this email address is not an acceptable method of opting out of the program. Opt outs must be submitted in accordance with the procedures set forth above.

MMS Disclosure: The Program will send SMS TMs (terminating messages) if your mobile device does not support MMS messaging.

Our Disclaimer of Warranty: The Program is offered on an "as-is" basis and may not be available in all areas at all times and may not continue to work in the event of product, software, coverage or other changes made by your wireless carrier. We will not be liable for any delays or failures in the receipt of any mobile messages connected with this Program. Delivery of mobile messages is subject to effective transmission from your wireless service provider/network operator and is outside of Our control. T-Mobile is not liable for delayed or undelivered mobile messages.

Participant Requirements: You must have a wireless device of your own, capable of two-way messaging, be using a participating wireless carrier, and be a wireless service subscriber with text messaging service. Not all cellular phone providers carry the necessary service to participate. Check your phone capabilities for specific text messaging instructions.

Age Restriction: You may not use of engage with the Platform if you are under thirteen (13) years of age. If you use or engage with the Platform and are between the ages of thirteen (13) and eighteen (18) years of age, you must have your parent’s or legal guardian’s permission to do so. By using or engaging with the Platform, you acknowledge and agree that you are not under the age of thirteen (13) years, are between the ages of thirteen (13) and eighteen (18) and have your parent’s or legal guardian’s permission to use or engage with the Platform, or are of adult age in your jurisdiction. By using or engaging with the Platform, you also acknowledge and agree that you are permitted by your jurisdiction’s Applicable Law to use and/or engage with the Platform.

Prohibited Content: You acknowledge and agree to not send any prohibited content over the Platform. Prohibited content includes:

  • Any fraudulent, libelous, defamatory, scandalous, threatening, harassing, or stalking activity;
  • Objectionable content, including profanity, obscenity, lasciviousness, violence, bigotry, hatred, and discrimination on the basis of race, sex, religion, nationality, disability, sexual orientation, or age;
  • Pirated computer programs, viruses, worms, Trojan horses, or other harmful code;
  • Any product, service, or promotion that is unlawful where such product, service, or promotion thereof is received;
  • Any content that implicates and/or references personal health information that is protected by the Health Insurance Portability and Accountability Act (“HIPAA”) or the Health Information Technology for Economic and Clinical Health Act (“HITEC” Act); and
  • Any other content that is prohibited by Applicable Law in the jurisdiction from which the message is sent.

Dispute Resolution: In the event that there is a dispute, claim, or controversy between you and Us, or between you and Stodge, LLC d/b/a Postscript or any other third-party service provider acting on Our behalf to transmit the mobile messages within the scope of the Program, arising out of or relating to federal or state statutory claims, common law claims, this Agreement, or the breach, termination, enforcement, interpretation or validity thereof, including the determination of the scope or applicability of this agreement to arbitrate, such dispute, claim, or controversy will be, to the fullest extent permitted by law, determined by arbitration in Livermore, California before one arbitrator.

The parties agree to submit the dispute to binding arbitration in accordance with the Commercial Arbitration Rules of the American Arbitration Association (“AAA”) then in effect. Except as otherwise provided herein, the arbitrator shall apply the substantive laws of the Federal Judicial Circuit in which CPAP fix’s principle place of business is located, without regard to its conflict of laws rules. Within ten (10) calendar days after the arbitration demand is served upon a party, the parties must jointly select an arbitrator with at least five years’ experience in that capacity and who has knowledge of and experience with the subject matter of the dispute. If the parties do not agree on an arbitrator within ten (10) calendar days, a party may petition the AAA to appoint an arbitrator, who must satisfy the same experience requirement. In the event of a dispute, the arbitrator shall decide the enforceability and interpretation of this arbitration agreement in accordance with the Federal Arbitration Act (“FAA”). The parties also agree that the AAA’s rules governing Emergency Measures of Protection shall apply in lieu of seeking emergency injunctive relief from a court. The decision of the arbitrator shall be final and binding, and no party shall have rights of appeal except for those provided in section 10 of the FAA. Each party shall bear its share of the fees paid for the arbitrator and the administration of the arbitration; however, the arbitrator shall have the power to order one party to pay all or any portion of such fees as part of a well-reasoned decision. The parties agree that the arbitrator shall have the authority to award attorneys’ fees only to the extent expressly authorized by statute or contract. The arbitrator shall have no authority to award punitive damages and each party hereby waives any right to seek or recover punitive damages with respect to any dispute resolved by arbitration. The parties agree to arbitrate solely on an individual basis, and this agreement does not permit class arbitration or any claims brought as a plaintiff or class member in any class or representative arbitration proceeding. Except as may be required by law, neither a party nor the arbitrator may disclose the existence, content, or results of any arbitration without the prior written consent of both parties, unless to protect or pursue a legal right. If any term or provision of this Section is invalid, illegal, or unenforceable in any jurisdiction, such invalidity, illegality, or unenforceability shall not affect any other term or provision of this Section or invalidate or render unenforceable such term or provision in any other jurisdiction. If for any reason a dispute proceeds in court rather than in arbitration, the parties hereby waive any right to a jury trial. This arbitration provision shall survive any cancellation or termination of your agreement to participate in any of our Programs.

Miscellaneous: You warrant and represent to Us that you have all necessary rights, power, and authority to agree to these Terms and perform your obligations hereunder, and nothing contained in this Agreement or in the performance of such obligations will place you in breach of any other contract or obligation. The failure of either party to exercise in any respect any right provided for herein will not be deemed a waiver of any further rights hereunder. If any provision of this Agreement is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that this Agreement will otherwise remain in full force and effect and enforceable. Any new features, changes, updates or improvements of the Program shall be subject to this Agreement unless explicitly stated otherwise in writing. We reserve the right to change this Agreement from time to time. Any updates to this Agreement shall be communicated to you. You acknowledge your responsibility to review this Agreement from time to time and to be aware of any such changes. By continuing to participate in the Program after any such changes, you accept this Agreement, as modified.


SPECIAL NOTICE TO CALIFORNIA RESIDENTS


Under California Law SB 27, California residents have the right to receive, once a year, information about third parties with whom we have shared information about you or your family for their marketing purposes during the previous calendar year, and a description of the categories of personal information shared.  To make such a request, please send an email to info@cpapfix.com and please include the phrase “California Privacy Request” in the subject line, and provide us with your name. address and email address.  We will respond to you within 30 days of receiving such a request.


ADDITIONAL INFORMATION FOR EU RESIDENTS


CPAPfix is the controller of the personal data you submit through the Services. If you are using the Services from the European Union, we will only transfer your Personal Information to the United States through the use of appropriate safeguards such as standard contractual clauses adopted by the European Commission or with your consent. If the transfer of your Personal Information or processing of your Personal Information is based on your consent, you may contact us at info@cpapfix.com to withdraw your consent. If you withdraw your consent, we will not be able to provide you with access to the Services.


We process personal data as necessary to pursue our legitimate interest of providing the Services to you, marketing products and services to you and to fulfill our contractual obligations to you. You have the right to access your personal data, correct inaccuracies in your personal data, request the erasure of your personal data and restrict the processing of your personal data. To access, rectify and erase your personal data, log into your account online and save changes.
 

At CPAPfix we value our customer’s privacy and the information that you provide while shopping with us. The following privacy policy outlines our data practices.
 
This privacy policy describes how CPAPfix (hereinafter referred to as “CPAPfix,” “Company, “we,” “us,” or “our”) collects, uses, discloses, and stores the information of those who provide us with their contact information while using our websites (“Services”).


If you do not agree with our policies and practices, your choice is to not use Our Services. By accessing or using Our Services, you agree to this privacy policy. This policy may change from time to time. Your continued use of the Services after we make changes is deemed to be acceptance of those changes with respect to such continued use, so please check the policy periodically for updates.
Information We Collect:
 
P E R S O N A L   I N F O R M A T I O N
“Personal Information” is information that alone or in combination with other information can be used to identify you, such as your full name, email address, postal address, telephone number, and payment information.
We collect, retain and process Personal Information about Users in order to provide our Services and for the other purposes described in this Privacy Policy. We collect Personal Information when you:

  • Register for an account on one of our websites, media products, or mobile applications;
  • Subscribe to our email newsletters or promotions;
  • Participate in our surveys;
  • Complete a transaction on our site;
  • Otherwise communicate with us or interact with our websites.

In some cases, you will provide information to us to fully utilize our Services. In other cases, information about you or your activities on our Services may be automatically collected, as further described below.
The Services may provide blogs, open discussion forums, or other ways to publicly interact with other Users. CPAPfix encourages Users not to post sensitive personal information in such forums, discussions or other areas. Such information will be accessible to other Users and individuals. CPAPfix and its subsidiaries are not responsible for the information you volunteer about yourself in discussions on our forums or other publicly accessible interactions, or the information that you choose to provide to exhibitors during in-person events.
Personal Information that is also considered Protected Health Information under applicable law is, when we are acting as a covered entity under such laws, subject to Our Notice of Protected Health Information Privacy Policy, which will govern Our practices with respect to such information in those circumstances, notwithstanding anything to the contrary under this general privacy policy.
 
OTHER INFORMATION; COOKIES
 
We use cookies (small data files stored on your computer by your web browser upon visiting a website), web beacons, and similar technologies to operate our services efficiently and as intended. A cookie is a small file containing a string of characters that is sent to your computer when you visit a website. When you visit the website again, the cookie allows that site to recognize your browser. Cookies may store unique identifiers, user preferences, and other information. Through such technologies, we gather information about you, such as your browser type, operating system, IP address, mobile device identification number, the sites visited before and after our Site, and about your interactions with our services, such as the time and date when you viewed a page, location of visit, browsing actions, and whether you filled out an online form.
Web beacons are small electronic files (also known as clear gifs, pixel tags, or single-pixel gifs) to permit CPAPfix to count users who have visited pages or interacted with marketing communications.
You may set your browser to block all cookies, including CPAPfix and its subsidiaries while using our services, but doing so will prevent some aspects of our services to not function properly. You may also set your browser to block third-party cookies and allow first-party cookies, which would allow us (but not third parties) to collect such information while you are on our sites. In addition, some browsers may allow you to block certain web beacons and similar tracking codes. Please refer to your browser’s documentation if you wish to block some or all cookies, web beacons, and/or similar tools. To find out more about cookies, including how to manage and delete cookies, visit www.allaboutcookies.org.
 
T H I R D-P A R T Y   D A T A   C O L L E C T I O N
 
We may collect information from third-party social networks. This allows for the sharing of contacts and content between the Company and a third-party social network and “liking” or “sharing” Company content. Information that you post or provide access to may be publicly displayed on the Service or by the third-party service you use. Similarly, if you post information on a third-party service that references CPAPfix or its subsidiaries (ie, hashtag), your post may be used on or in connection with the Company. Both Company and the third-party may have access to certain information about you or your use of the Service and any Third-Party Service.


The Company may use Google Analytics, Tealium, and other third-party providers for analytics services. Information generated by these services may be transmitted to and stored by these service providers on servers in the United States (or elsewhere) and these service providers may use this information for purposes of evaluating your use of the Service, compiling statistical reports on the Services’ activity, and providing other services related to the Services activity and Internet usage.
 
HOW WE USE YOUR INFORMATION
 
We may use your information for the following purposes:

  • To provide the Services to you and improve the Services;
  • To operate, improve, and personalize the products and services we offer and to give each user a more consistent and personalized experience when interacting with us;
  • To provide you with information and promotions on products and services that we think might be of interest to you;
  • For customer service, security, to detect fraud or illegal activities, and for archival and back-up purposes in connection with the provision of the Services;
  • To send you account notices, including registration confirmation, and to provide you with information about products or Services you have ordered, or which may be of interest to you;
  • For research and analysis purposes;
  • To communicate with users; and
  • To enforce our Terms of Use and other applicable policies.

We may also use your Personal Information to ask for input about our services, events, or products or provide you with additional information about the sites.


We may also, consistent with applicable law, send you e-newsletters with targeted, relevant content. Each e-newsletter will provide you with an opportunity to unsubscribe. Unsubscribing from one newsletter will may affect the delivery of other newsletters or services.


In some cases, consistent with applicable law, we may send you relevant offers from third party businesses or organizations. Many of our customers appreciate receiving these offers because they relate to their personal needs. However, you will always be able to opt-out of receiving future third party offers. All promotional and research email messages you receive from us will include an option to opt-out of future email communications from that particular CPAPfix subsidiary or brand.


At times, the Company may engage and work with Service Providers to serve advertisements on the Services or products. These ads may be tailored to your preferences based on browsing history or online behavior, sometimes referred to as “internet-based advertising.” This may include sending you an ad on a third-party service after you have left Services.


HOW WE SHARE INFORMATION WITH THIRD PARTIES
 
Generally, we do not sell or share your personal information with third parties for marketing purposes.
We may provide your information to our clients as well as those acting as our agents in providing our products and services, including third-party companies we have employed to provide us with specialized services, including customer service, research, statistical analysis, information verification, postal mailings, and other information services. In compliance with privacy laws, we also provide our opt-out lists to those third-party companies so that they can be suppressed from the communications those companies send on CPAPfix’s behalf.


From time to time our partners may wish to receive information detailing User engagement with content, or contact our subscribers and customers who may have indicated an interest in the products, services or events for which the partner is associated. If you register for products or services offered by such partners, or for events sponsored in whole or in part by a third party, or otherwise opt-in to permit us to share your personally identifiable information, then you may receive communications, consistent with applicable law, directly from such third parties. If you provide information on a co-branded site or while using a co-branded service, you grant us permission to share the information you have provided with that service or site partner. Their use of your information is subject to their privacy policies and we urge you to read those policies and be aware of their privacy practices before registering.


Should you attend one of our sponsored events, we may provide the Personal Information you provide to us to vendors also attending the event. We will only provide this information to the vendor for a specific use and purpose, but do not warrant that the vendor will keep the same information confidential or private. In addition, we may share your contact information with sponsors who appear in a particular e-newsletter of ours if you click on their link in the e-newsletter, and they may, consistent with applicable law, contact you regarding their products and services.


The Company may share information about you for any purposes not inconsistent with the Privacy Policy including:

  • To contracted third parties to help with our business operations, such as an investigation of fraud or bill collection;
  • If you signed up for the newsletter or participated in a survey involving a third party contractor that performs such services on our behalf;
  • To comply with the law, law enforcement or other legal processes, or in response to a government request;
  • If the Company believes your actions are inconsistent with applicable terms or policies or to protect the rights, property, life, health, security, and safety of Company, Services, users, or any third party;
  • To fulfill the purpose you provided;
  • With your consent.

In addition, the Company may share information (personal and non-personal) in connection with or during negotiations of any proposed or actual financing of our business, or merger, purchase, sale, joint venture, or any other type of acquisition or business combination of any or all portion of Company assets, or transfer of all or a portion of Company’s business to another company, whether as a going concern or as part of bankruptcy, liquidation, or similar proceedings.


To the extent we receive your protected healthcare information in our capacity as a covered entity under applicable state or federal healthcare privacy laws, our Notice of Protected Health Information Privacy Policy will govern practices with respect to such information in those circumstances.


N E W S L E T T E R S   A N D   C O M M U N I C A T I O N


We provide an opt-in newsletter that is delivered via email to our users. You may unsubscribe from receiving these newsletters at any time.


Email communication we receive may be shared with our customer service representations to address your inquiry. We make every effort to respond in a timely fashion once communication is received, but do not guarantee a response. Once we have responded, communication is either disregarded or archived, depending on the inquiry.


We may from time to time contact you for promotional reasons, such as customer surveys, replacement reminders, user reviews, and special promotions that we may offer. If you do not wish to receive these emails, please unsubscribe per instructions at the bottom of the email.


Finally, we may contact you non-promotional purposes regarding your order. This includes order confirmation and shipping confirmation emails. We may also send you follow-up emails regarding payments for items, as well as requests for prescription notes or sleep study confirmations. These emails are known as transactional emails and you cannot unsubscribe from them as you can from our newsletter or promotional emails.


Inbound phone calls to the Company may be monitored and recorded for training or quality assurance purposes. A recorded disclosure will state,” This call may be monitored or recorded for training or quality assurance purposes.” By staying on the call, you are granting your consent for the call to be monitored.

 
S U R V E Y S


We occasionally survey visitors to our site. The information collected by us or our third-party Service providers help us better understand the needs of our visitors to improve our Services. This information may be shared with third parties with whom we have a business relationship, such as suppliers of products we sell. If asked to provide personal information for follow-up, you may choose to decline.


P A S S W O R D   S A F E T Y


The password you choose is needed to access your account. Use a combination of unique identifiers (letters, numbers, and characters) and do not share your password with others. If you do give away your password or personal information to others, you are accountable and liable for any and all activity executed under the account. If your password is compromised, you may lose considerable control over your personal information and may be subject to legally binding actions taken on your behalf. If you believe your password is compromised, notify the Company and change your password immediately.


INFORMATION TRANSFER
 
By using the Services, you will transfer data to the United States.


HOW WE KEEP YOUR INFORMATION SECURE


We use reasonable precautions, including appropriate technical, administrative, and physical procedures, designed to protect Personal Information from loss, misuse, or alteration. When we contract with other companies to provide us with services, we will require them to also use reasonable safeguards to protect such Personal Information. However, we are not responsible for any breach of security or for the actions of these parties. Due to the design of the Internet and other factors outside our control, we cannot guarantee that communications between you and our servers will be free from unauthorized access by third parties.
The email functionality on our Services is un-encrypted and does not provide a secure and confidential means of communication. It is possible that your email communication may be accessed or viewed by another Internet user while in transit to us. If you wish to keep your communication private, do not use our email.


P R O T E C T E D   H E A L T H   I N F O R M A T I O N


Because we do not electronically submit payment for our products using HIPAA transaction codes, we are not required to comply with the federal Health Insurance and Portability Act. However, we believe that information related to your medical care or Protected Health Information is sensitive and should be protected. For information on how we use or disclose your Protected Health Information, see our Protected Health Information Privacy Policy.


CHILDREN’s PRIVACY


Our Services are not intended for children under the age of 13. No one under the age of 13 may provide personal information to the Services. We don’t knowingly collect personal information, as defined by the federal Children’s Online Privacy Protection Act (COPPA), from children under the age of 13. If we learn we have collected or received personal information from a child under 13, we will delete or otherwise treat that information as required by COPPA.


You may only order products if you are 18 years old or older. If you place an order, you promise that you are 18 years old or older. If you are under the age of 18 and would like to purchase a product, your parent or guardian should place the order for you.


DO NOT TRACK


The Service does not support Do Not Track at this time. Do Not Track is a privacy preference that you can set in your web browser to indicate that you do not want certain information about your webpage visits collected across websites when you have not interacted with that service on the page. For all the details, including how to turn on Do Not Track, visit https://allaboutdnt.com/.
 
CHANGES TO THIS PRIVACY POLICY


We may occasionally update this Privacy Policy. When we do, we will also revise the “last updated” date below. For changes to this Privacy Policy that may be materially less restrictive on our use or disclosure of your personal information, we will attempt to notify you by email of the change. We encourage you to review this Privacy Policy from time to time to stay informed about how we are protecting the personal information we collect. If you continue to use our site or services after we have attempted to contact you about material changes to the Privacy Policy, we will assume that you agree to the changes


We store your Personal Information until you request that we no longer do so or consistent with our internal document retention policies. To ask us to delete and no longer store your Personal Information, please contact us at the addresses provided above.

 

SMS/MMS MOBILE MESSAGE MARKETING PROGRAM TERMS AND CONDITIONS

CPAP fix (hereinafter, “We,” “Us,” “Our”) is offering a mobile messaging program (the “Program”), which you agree to use and participate in subject to these Mobile Messaging Terms and Conditions and Privacy Policy (the “Agreement”). By opting in to or participating in any of our Programs, you accept and agree to these terms and conditions, including, without limitation, your agreement to resolve any disputes with us through binding, individual-only arbitration, as detailed in the “Dispute Resolution” section below. This Agreement is limited to the Program and is not intended to modify other Terms and Conditions or Privacy Policy that may govern the relationship between you and Us in other contexts.

User Opt In: The Program allows Users to receive SMS/MMS mobile messages by affirmatively opting into the Program, such as through online or application-based enrollment forms. Regardless of the opt-in method you utilized to join the Program, you agree that this Agreement applies to your participation in the Program. By participating in the Program, you agree to receive autodialed or prerecorded marketing mobile messages at the phone number associated with your opt-in, and you understand that consent is not required to make any purchase from Us. While you consent to receive messages sent using an autodialer, the foregoing shall not be interpreted to suggest or imply that any or all of Our mobile messages are sent using an automatic telephone dialing system (“ATDS” or “autodialer”). Message and data rates may apply.

User Opt Out: If you do not wish to continue participating in the Program or no longer agree to this Agreement, you agree to reply STOP, END, CANCEL, UNSUBSCRIBE, or QUIT to any mobile message from Us in order to opt out of the Program. You may receive an additional mobile message confirming your decision to opt out. You understand and agree that the foregoing options are the only reasonable methods of opting out. You also understand and agree that any other method of opting out, including, but not limited to, texting words other than those set forth above or verbally requesting one of our employees to remove you from our list, is not a reasonable means of opting out.

Duty to Notify and Indemnify: If at any time you intend to stop using the mobile telephone number that has been used to subscribe to the Program, including canceling your service plan or selling or transferring the phone number to another party, you agree that you will complete the User Opt Out process set forth above prior to ending your use of the mobile telephone number. You understand and agree that your agreement to do so is a material part of these terms and conditions. You further agree that, if you discontinue the use of your mobile telephone number without notifying Us of such change, you agree that you will be responsible for all costs (including attorneys’ fees) and liabilities incurred by Us, or any party that assists in the delivery of the mobile messages, as a result of claims brought by individual(s) who are later assigned that mobile telephone number. This duty and agreement shall survive any cancellation or termination of your agreement to participate in any of our Programs.

YOU AGREE THAT YOU SHALL INDEMNIFY, DEFEND, AND HOLD US HARMLESS FROM ANY CLAIM OR LIABILITY RESULTING FROM YOUR FAILURE TO NOTIFY US OF A CHANGE IN THE INFORMATION YOU HAVE PROVIDED, INCLUDING ANY CLAIM OR LIABILITY UNDER THE TELEPHONE CONSUMER PROTECTION ACT, 47 U.S.C. § 227, et seq., OR SIMILAR STATE AND FEDERAL LAWS, AND ANY REGULATIONS PROMULGATED THEREUNDER RESULTING FROM US ATTEMPTING TO CONTACT YOU AT THE MOBILE TELEPHONE NUMBER YOU PROVIDED.

Program Description: Without limiting the scope of the Program, users that opt into the Program can expect to receive messages concerning the marketing and sale of digital and physical products, services, and events.

Cost and Frequency: Message and data rates may apply. The Program involves recurring mobile messages, and additional mobile messages may be sent periodically based on your interaction with Us.

Support Instructions: For support regarding the Program, text “HELP” to the number you received messages from or email us at smisson@gmail.com. Please note that the use of this email address is not an acceptable method of opting out of the program. Opt outs must be submitted in accordance with the procedures set forth above.

MMS Disclosure: The Program will send SMS TMs (terminating messages) if your mobile device does not support MMS messaging.

Our Disclaimer of Warranty: The Program is offered on an "as-is" basis and may not be available in all areas at all times and may not continue to work in the event of product, software, coverage or other changes made by your wireless carrier. We will not be liable for any delays or failures in the receipt of any mobile messages connected with this Program. Delivery of mobile messages is subject to effective transmission from your wireless service provider/network operator and is outside of Our control. T-Mobile is not liable for delayed or undelivered mobile messages.

Participant Requirements: You must have a wireless device of your own, capable of two-way messaging, be using a participating wireless carrier, and be a wireless service subscriber with text messaging service. Not all cellular phone providers carry the necessary service to participate. Check your phone capabilities for specific text messaging instructions.

Age Restriction: You may not use of engage with the Platform if you are under thirteen (13) years of age. If you use or engage with the Platform and are between the ages of thirteen (13) and eighteen (18) years of age, you must have your parent’s or legal guardian’s permission to do so. By using or engaging with the Platform, you acknowledge and agree that you are not under the age of thirteen (13) years, are between the ages of thirteen (13) and eighteen (18) and have your parent’s or legal guardian’s permission to use or engage with the Platform, or are of adult age in your jurisdiction. By using or engaging with the Platform, you also acknowledge and agree that you are permitted by your jurisdiction’s Applicable Law to use and/or engage with the Platform.

Prohibited Content: You acknowledge and agree to not send any prohibited content over the Platform. Prohibited content includes:

  • Any fraudulent, libelous, defamatory, scandalous, threatening, harassing, or stalking activity;
  • Objectionable content, including profanity, obscenity, lasciviousness, violence, bigotry, hatred, and discrimination on the basis of race, sex, religion, nationality, disability, sexual orientation, or age;
  • Pirated computer programs, viruses, worms, Trojan horses, or other harmful code;
  • Any product, service, or promotion that is unlawful where such product, service, or promotion thereof is received;
  • Any content that implicates and/or references personal health information that is protected by the Health Insurance Portability and Accountability Act (“HIPAA”) or the Health Information Technology for Economic and Clinical Health Act (“HITEC” Act); and
  • Any other content that is prohibited by Applicable Law in the jurisdiction from which the message is sent.

Dispute Resolution: In the event that there is a dispute, claim, or controversy between you and Us, or between you and Stodge, LLC d/b/a Postscript or any other third-party service provider acting on Our behalf to transmit the mobile messages within the scope of the Program, arising out of or relating to federal or state statutory claims, common law claims, this Agreement, or the breach, termination, enforcement, interpretation or validity thereof, including the determination of the scope or applicability of this agreement to arbitrate, such dispute, claim, or controversy will be, to the fullest extent permitted by law, determined by arbitration in Livermore, California before one arbitrator.

The parties agree to submit the dispute to binding arbitration in accordance with the Commercial Arbitration Rules of the American Arbitration Association (“AAA”) then in effect. Except as otherwise provided herein, the arbitrator shall apply the substantive laws of the Federal Judicial Circuit in which CPAP fix’s principle place of business is located, without regard to its conflict of laws rules. Within ten (10) calendar days after the arbitration demand is served upon a party, the parties must jointly select an arbitrator with at least five years’ experience in that capacity and who has knowledge of and experience with the subject matter of the dispute. If the parties do not agree on an arbitrator within ten (10) calendar days, a party may petition the AAA to appoint an arbitrator, who must satisfy the same experience requirement. In the event of a dispute, the arbitrator shall decide the enforceability and interpretation of this arbitration agreement in accordance with the Federal Arbitration Act (“FAA”). The parties also agree that the AAA’s rules governing Emergency Measures of Protection shall apply in lieu of seeking emergency injunctive relief from a court. The decision of the arbitrator shall be final and binding, and no party shall have rights of appeal except for those provided in section 10 of the FAA. Each party shall bear its share of the fees paid for the arbitrator and the administration of the arbitration; however, the arbitrator shall have the power to order one party to pay all or any portion of such fees as part of a well-reasoned decision. The parties agree that the arbitrator shall have the authority to award attorneys’ fees only to the extent expressly authorized by statute or contract. The arbitrator shall have no authority to award punitive damages and each party hereby waives any right to seek or recover punitive damages with respect to any dispute resolved by arbitration. The parties agree to arbitrate solely on an individual basis, and this agreement does not permit class arbitration or any claims brought as a plaintiff or class member in any class or representative arbitration proceeding. Except as may be required by law, neither a party nor the arbitrator may disclose the existence, content, or results of any arbitration without the prior written consent of both parties, unless to protect or pursue a legal right. If any term or provision of this Section is invalid, illegal, or unenforceable in any jurisdiction, such invalidity, illegality, or unenforceability shall not affect any other term or provision of this Section or invalidate or render unenforceable such term or provision in any other jurisdiction. If for any reason a dispute proceeds in court rather than in arbitration, the parties hereby waive any right to a jury trial. This arbitration provision shall survive any cancellation or termination of your agreement to participate in any of our Programs.

Miscellaneous: You warrant and represent to Us that you have all necessary rights, power, and authority to agree to these Terms and perform your obligations hereunder, and nothing contained in this Agreement or in the performance of such obligations will place you in breach of any other contract or obligation. The failure of either party to exercise in any respect any right provided for herein will not be deemed a waiver of any further rights hereunder. If any provision of this Agreement is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that this Agreement will otherwise remain in full force and effect and enforceable. Any new features, changes, updates or improvements of the Program shall be subject to this Agreement unless explicitly stated otherwise in writing. We reserve the right to change this Agreement from time to time. Any updates to this Agreement shall be communicated to you. You acknowledge your responsibility to review this Agreement from time to time and to be aware of any such changes. By continuing to participate in the Program after any such changes, you accept this Agreement, as modified.


SPECIAL NOTICE TO CALIFORNIA RESIDENTS


Under California Law SB 27, California residents have the right to receive, once a year, information about third parties with whom we have shared information about you or your family for their marketing purposes during the previous calendar year, and a description of the categories of personal information shared.  To make such a request, please send an email to info@cpapfix.com and please include the phrase “California Privacy Request” in the subject line, and provide us with your name. address and email address.  We will respond to you within 30 days of receiving such a request.


ADDITIONAL INFORMATION FOR EU RESIDENTS


CPAPfix is the controller of the personal data you submit through the Services. If you are using the Services from the European Union, we will only transfer your Personal Information to the United States through the use of appropriate safeguards such as standard contractual clauses adopted by the European Commission or with your consent. If the transfer of your Personal Information or processing of your Personal Information is based on your consent, you may contact us at info@cpapfix.com to withdraw your consent. If you withdraw your consent, we will not be able to provide you with access to the Services.


We process personal data as necessary to pursue our legitimate interest of providing the Services to you, marketing products and services to you and to fulfill our contractual obligations to you. You have the right to access your personal data, correct inaccuracies in your personal data, request the erasure of your personal data and restrict the processing of your personal data. To access, rectify and erase your personal data, log into your account online and save changes.
 

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