Bigfoot Biomedical Privacy Policy

Effective Date: May 9, 2021

Last Revised: September 1, 2023

We understand that privacy is very important to you. This Privacy Policy describes how Bigfoot Biomedical, Inc. and our affiliates (“Bigfoot”, “us”, “our” or “we”) collect, use and disclose information that we gather through this Bigfoot website (the “website”) and our services, including the Bigfoot Unity® Mobile Application (the “application”), the services provided through the application, including the CGM+TM Diabetes Management Program and Bigfoot Unity® RPM Support Program, and other services you access directly from Bigfoot (collectively, our “Services”). The Services and this Privacy Policy are intended only for a U.S. audience.

Please read this Privacy Policy before accessing or using the Services or submitting personal information to us.

If you are using the Bigfoot Unity® RPM Support Program, then we may collect protected health information (“PHI”) about you on behalf of your independent third-party health care provider (“Provider”) that is regulated by the Health Insurance Portability and Accountability Act of 1996 and its implementing regulations (collectively, “HIPAA”).  In this context, we act as a “business associate” of your Provider, and your Provider’s HIPAA Notice of Privacy Practices and Bigfoot’s agreements with your Provider govern the use and disclosure of your PHI, and not this Privacy Policy.  This Privacy Policy does not describe how we protect and use your information in connection with your use of the Bigfoot Unity® RPM Support Program as a patient receiving medical care from a Provider. If you have any questions about your rights with respect to the access, use, and disclosure of your PHI, then please refer to your Provider’s Notice of Privacy Practices.

We note that Bigfoot is neither a "covered entity" nor a “business associate” under HIPAA with respect to the Bigfoot Unity® CGM+TM Diabetes Management Program, the website, or other Services excluding the Bigfoot Unity® RPM Support Program that you access directly from Bigfoot.  Nevertheless, any identifiable health information that you provide through such Services may be subject to specific protections under applicable state laws, and Bigfoot may only use and disclose the information in accordance with those laws and this Privacy Policy. 

PERSONAL INFORMATION

“Personal information” is information that identifies, relates to, describes, is reasonably capable of being associated with, or could reasonably be linked, directly or indirectly, with you or an identifiable individual. Examples of personal information include your name, your postal address and your telephone number.

HOW DOES BIGFOOT COLLECT PERSONAL INFORMATION?

Bigfoot collects information in a few different ways:

• Information you submit or choose to provide
• Information you give us permission to collect from you or another source
• From your Provider, participating pharmacy, or other health care professionals or health care providers involved in your care
• From your insurance company or other third-party payors
• Through your use of our website
• Through your use of the application and other components included in the Bigfoot Unity® CGM+TM Diabetes Management Program
  In connection with your participation in clinical trials or other research, including from investigators, research sites, or contract research organizations
• From your participation in Bigfoot offerings, programs, or initiatives, such as surveys
• From third-party service providers, data brokers or business partners
• From industry and patient groups and associations
• Automatically from devices you use to connect to the Services (See “Cookies and Other Tools” below)
• Information provided by Bigfoot partners
• From public sources including, but not limited to, social media and other websites that enable social sharing

From time to time, we may use or add to the personal information we have about you with information obtained from other sources, such as your Provider, participating pharmacy, public databases, social media platforms and other third-parties. We may also combine information we get from a third party with information we already have about you, and we may combine information that we have collected offline with information we collect online about you

If you choose to submit any personal information relating to other people, such as in your capacity as a parent, guardian, or caregiver of an individual using the Services, you represent that you have the authority to do so and permit us to use the information in accordance with this Privacy Policy.

INFORMATION BIGFOOT COLLECTS

Bigfoot may collect the following information:

• Contact information and preferences (such as name, email address, mailing address, phone number, and emergency contact information)
• Biographical and demographic information (such as date of birth, age, gender, height, weight, ethnicity, marital status, and sexual orientation)
• Diabetes care information (such as your diabetes type, year of diagnosis, glucose values, carbs/meals and insulin types, doses, dose times, prior insulin delivery methods, prior diabetes management products used, therapy settings and recommendations)
• Other health and medical information (such as medical insurance details, information about physical and mental health conditions and diagnoses, treatments for medical conditions, genetic information, family medical history, medications an individual may take, including the dosage, timing, and frequency, and adverse event information) we collect in connection with conducting or sponsoring clinical trials or other research, distributing and marketing our products, managing compassionate use and expanded access programs and tracking adverse event reports
• Information regarding parents, legal guardians, or caregivers of an individual using the Services
• Any information you provide in connection with applying to or participating in a patient assistance or support program (such as financial need information)
• Payment-related information we need to complete a transaction (such as credit card number and financial account information)
• Username and password that you may select in connection with establishing an account on our website, the application, or other mobile applications
• Your photograph, social media handle or digital or electronic signature
• Publicly available information
• Internet activity, such as your Internet Protocol (“IP”) address, browsing history, your search history, applications, and information on your interaction with the Services and our advertisements
• Device information
• Geolocation data, e.g., your physical location or movements (See “Cookies and Other Tools” below)
• If you are accessing the Bigfoot website, the application or other Bigfoot mobile applications on your mobile device, you may also choose to provide us with location data. To protect your privacy, you should not provide Bigfoot with any information that is not specifically requested

If you are a health care professional, we may also collect:

• Professional credentials, educational and professional history, institutional and government affiliations, information included on a resume or curriculum vitae, education and work history (such as work experience, education and languages spoken)
• Information about the Bigfoot programs, products and activities with which you have engaged
• Details about our interactions with you, your prescribing of our products and the agreements you have executed with us; including remittance or other financial information
• Any information you choose to provide about yourself or your household
• Information collected in connection with Bigfoot hosted events or activities you attend or participate in
• Publicly-available information related to your practice, such as license information, disciplinary history, prior litigation and regulatory proceedings, and other due diligence related information

From time to time, we may use or add to the personal information we have about you with information obtained from other sources, such as public databases, social media platforms and other third parties. For example, we may use public information to confirm contact or financial information, to verify licensure of healthcare professionals or to better understand your interests by associating demographic information with the information you have provided. We may also combine information we get from a third-party with information we already have about you, and we may combine information that we have collected offline with information we collect online about you.

HOW DOES BIGFOOT USE PERSONAL INFORMATION?

How Bigfoot uses your information depends on how you interact with the Services. Generally, Bigfoot may use your information to:

• Provide, maintain and improve our Services
• Conduct post-market studies to evaluate the effectiveness of the Services
• Develop and test new products and services
• Fulfill your requests
• Provide customer service
• Send you administrative communications regarding the Services or other products or services
• Notify you about special promotions or offers that may be of interest to you
• Invite you to participate in surveys about the Services or other products or services
• Better understand the interests of our customers and visitors who use the Services
• Identify usage trends and determining the effectiveness of our promotional campaigns
• Monitor, detect and prevent fraud, improper or illegal activity and oversee Bigfoot’s compliance with laws, policies, and other requirements
• Screen and recruit potential subjects for, and conduct, clinical trials and other research activities such as population health studies and product development and testing, and patient feedback initiatives and other similar programs
• Process payments
• Evaluate how you and other users interact with our Services
• Protect Bigfoot and others
• Conduct a benefits investigation audit with your identified health insurance carrier or other third-party payor
• Conduct audits related to our current interactions with you or for other business purposes
• Debug the website and other Services to identify and repair errors that impair existing intended functionality
• Defend ourselves in litigation and investigations and to prosecute litigations
• Comply with our legal and regulatory obligations

Bigfoot may also use information collected from or about you to offer you customized content, including to:

• Recognize new or past visitors to our website or application
• Remember your personal preferences
• Display more relevant and meaningful advertisements

Bigfoot may also use your information for other purposes disclosed to you from time to time.

In addition, application and mobile-optimized versions of our website may have location-based features. To deliver these features, we may collect and use location data provided by your mobile device. By using such applications, you consent to the collection and use of your mobile device location data for purposes of delivering these location-based features.

We may also de-identify data about you and aggregate your de-identified data with de-identified data about other individuals for use for any purpose, including, without limitation, product and service development and improvement activities.

HOW DOES BIGFOOT SHARE PERSONAL INFORMATION?

 We may share information about you as follows or as otherwise described in this Privacy Policy:

• With Providers, your participating pharmacy, and other health care professionals and health care providers as necessary to facilitate your receipt of the Services, provided that we have received your consent or are otherwise permitted by applicable law to share your personal information with such parties. Please note that when you participate in the interactive areas of the Services, certain personal information that you provide may be displayed to your Providers, such as your name, content, health information and other information you choose to provide    
• With vendors, consultants and other service providers who need access to such information to perform the Services or carry out other work on our behalf
• With other individuals or entities with whom we are working in order to carry out their obligations, such as researchers with whom we are collaborating to conduct a study
• With third-party businesses to provide you with information about products and services that may be useful to you
• In response to a request for information if we believe disclosure is in accordance with, or required by, any applicable law, rule, regulation or legal process
• With third parties as necessary to comply with our legal and regulatory obligations
• If we believe your actions are inconsistent with our Terms of Use or other policies, or to protect the rights, property or safety of Bigfoot or others
• In connection with, or during negotiations of, any merger, acquisition, sale of assets or any business, other change of control transaction or financing
• Between and among Bigfoot and any current or future parent, subsidiary and/or affiliated company
• With your consent or at your direction

Cookies and Other Tools

Bigfoot and its service providers collect personal information about you by using cookies, tracking pixels, web beacons and other technologies (collectively, “Tools”). We use this information to better understand, customize and improve user experience with our website, Services, the application and other offerings as well as to manage our advertising. This information can make your use of our Services easier and more meaningful by allowing Bigfoot and our service providers to provide better service, customize sites based on consumer preferences, compile statistics, provide you with more relevant advertisements based on your interests, analyze trends and otherwise administer and improve our Services. If we have collected your personal information, we may associate this personal data with information gathered through the Tools.

Your web browser can be set to allow you to control whether you will accept cookies, reject cookies, or to notify you each time a cookie is sent to your browser. If your browser is set to reject cookies, websites that are cookie-enabled will not recognize you when you return to the website, and some website functionality may be lost. The Help section of your browser may tell you how to prevent your browser from accepting cookies. To find out more about cookies, visit www.aboutcookies.org.

You can also control Flash cookies which we may use on certain websites and applications from time to time by clicking here. Why? Because Flash cookies cannot be controlled through your browser settings. Choices you make are both browser and device-specific.

Here are some of the types of personal information collected when visiting Bigfoot’s website:

Log data: When you use the website and the application, our servers automatically record information (“log data”), including information that your browser sends whenever you visit a website or an application or your mobile application sends when you are using it. This log data may include your Internet Protocol address, the address of the webpages you visited that had Bigfoot features, browser type and settings, the date and time of your request, how you used website and cookie data.

Cookie data: Depending on how you are accessing online Services, we and our service providers may use “cookies” (a small text file sent by your computer each time you visit our sites, unique to your Bigfoot account or your browser) or similar technologies, to record log data. When we use cookies, we may use “session” cookies (that last until you close your browser) or “persistent” cookies (that last until you and/or your browser delete them). For example, we may use cookies to remember your personal preferences, such as sections of the website that you visit frequently, your user ID, or other settings so you do not have to set them up every time you visit, and we may use cookies to serve you relevant advertising tailored to your interests. Some of the cookies we use are associated with your Bigfoot account (including personal information about you, such as the email address you gave us), and other cookies are not.

We may use Google Analytics, which uses cookies and similar technologies to collect and analyze information about use of the Services and report on activities and trends. This service may also collect information regarding the use of other websites, applications and online resources. You can learn about Google’s practices by going to https://policies.google.com/privacy/google-partners, and opt-out of them by downloading the Google Analytics opt-out browser add-on, available at https://tools.google.com/dlpage/gaoptout.

Social media plugins and data: In addition, our website and applications may use social media plugins (e.g., the Facebook "Like" button, '"Share to Twitter"' button) to enable you to easily share information with others. When you visit any of our online Services, the operator of the social plugin can place a cookie on your computer, enabling that operator to recognize individuals who have previously visited our website. If you are logged into the social media website (e.g., Facebook, Twitter, Google+) while browsing on our Services, the social plugins allow that social media website to receive information that you have visited our Services. The social plugins also allow the social media website to share information about your activities on Bigfoot with other users of their social media website. Bigfoot does not control any of the content from the social plugins. For more information about social plugins from other social media websites you should refer to those sites' privacy and data sharing statements.

If you choose to link your social media or Google account to Bigfoot, this allows us to obtain information from those accounts (such as your friends or contacts). The information we obtain from these services often depends on your settings or the applicable provider's privacy policies, so please check these policies before granting us access. You agree that we are not responsible for any acts or omissions by these social media service providers. If you give us permission to access this information, we will use it for the purposes described in this Privacy Policy.

Device information: In addition to log data, we may also collect information about the device you are using to access our Services, including what type of device it is, what operating system you are using, device settings, unique device identifiers and crash data. Whether we collect some or all of this information often depends on what type of device you are using and its settings. For example, different types of information are available depending on whether you are using a Mac or a PC, or an iPhone or an Android phone. To learn more about what information your device may make available to us, please also check the policies of your device manufacturer or software provider.

Interest Based Advertising: Bigfoot hopes to deliver to you advertising for products and services you need or want. Bigfoot, its vendors and partners, use common tracking tools, such as cookies, pixels, web beacons, and similar technologies, to automatically collect information about users for purposes of enhancing their online experience and delivering more meaningful advertisements. Like many companies, Bigfoot may also utilize third-party advertising vendors and other partners to collect this information.

Like most companies, we place advertisements where we think they will be most relevant to customers. One way we do so is by allowing network advertising companies with whom we work to place their own Tools when an individual visits the website and applications. This enables the network advertising company to recognize individuals who have previously visited the website and applications and to serve you ads based on your web browsing activity, purchases, interests and/or other information—a practice commonly referred to as interest-based advertising (“IBA”) or online behavioral advertising (“OBA”).  You may choose to opt out of receiving interest-based advertising by disabling cookies or visiting the Network Advertising Initiative’s Opt-Out Tool.

These advertising companies may also use these types of technologies to recognize you across the devices you use, such as a mobile phone or a laptop, and serve you ads on websites you visit and applications you use.

Retargeting: One way in which we deliver more meaningful advertisements is through a common form of online advertising known as “retargeting” or “re-marketing.” Retargeting works by serving ads on one site based on an individual’s online activities on a different, unrelated site. For example, if you look at carrying case products on the website, you may later see an advertisement for carrying case products when you visit third-party sites. To do this, Bigfoot or its advertising vendors may use a device ID, cookie, pixel, web beacon or similar technology placed by Bigfoot or our third-party vendor when you visit Bigfoot’s website or applications or third-party websites or applications. The placing of these cookies or other technologies on your device may enable you to be identified across multiple websites. You should consult the privacy policies of our vendors and other websites that you visit to understand how they collect and use your data.

Bigfoot Do Not Track Policy: Some browsers have Do Not Track (“DNT”) features that allow you to tell a website not to track you. These features are not all uniform, and some browsers may not be set up to honor such requests. Bigfoot honors the AdChoice DNT signals. Options you select are browser and device specific. Please be aware that limiting the ability of websites to set cookies, however, may worsen your overall user experience, and in some cases the sites will not work properly without cookies, local storage and similar technologies.

WHAT CHOICES DO I HAVE ABOUT HOW BIGFOOT COLLECTS AND USES INFORMATION ABOUT ME?

Certain Bigfoot Services may ask whether you wish to opt-out or opt into our contact lists for offers, promotions and additional services that may be of interest to you.

Marketing

If you no longer wish to receive promotional marketing materials from us on a going-forward basis, you may opt-out of receiving such materials. You may unsubscribe from receiving marketing or other commercial emails from Bigfoot by following the instructions included in the email. We will endeavor to comply with your request as soon as reasonably practicable.

However, even if you opt out of receiving such communications, we retain the right to send you non-marketing communications (such as information about changes to our Privacy Policy or Terms of Use or information about your Bigfoot Unity® CGM+TM Diabetes Management Program account).

HOW DOES BIGFOOT SECURE INFORMATION?

It is Bigfoot’s practice to take reasonable steps to secure our Services; however, the confidentiality of information transmitted over the Internet cannot be guaranteed. We urge you to exercise caution when transmitting personal information over the Internet, especially personal information related to your health. Bigfoot cannot guarantee that unauthorized third parties will not gain access to your information; therefore, when submitting personal information to the website, you must weigh both the benefits and the risks. The website may link to third-party websites that are not controlled by Bigfoot or subject to a Bigfoot privacy policy. You should check the privacy policies of such third-party websites before submitting personal information

THIRD-PARTY SITES

We may provide links to websites and other third-party content that is not owned or operated by Bigfoot. The websites and third-party content to which we link may have separate privacy notices or policies. Bigfoot is not responsible for the privacy practices of any entity that it does not own or control.

If you provide any personal information through a third-party site, your interaction and your personal information will be collected by, and controlled by the privacy policy of, that third-party site. We recommend that you familiarize yourself with the privacy policies and practices of any such third parties, which are not governed by this Privacy Policy.

CROSS BORDER TRANSFERS

Any information you provide to Bigfoot may be stored and processed, transferred between and accessed from the United States, where Bigfoot is headquartered, and other countries that may not guarantee the same level of protection of personal data as the one in which you reside. However, Bigfoot will handle your personal data in accordance with this Privacy Policy regardless of where your personal data is stored/accessed.

YOUR CHOICES

Reviewing, Correcting, and Deleting Your Personal Information
You may access, correct, and/or request deletion of certain information that you have provided to us by contacting us through the Services, or by emailing us at legal@bigfootbiomedical.com. If you email us, for your protection, we may only implement requests with respect to the information associated with the particular email address you use to send us your request, and we may need to verify your identity before implementing your request. We will attempt to comply with any reasonable requests for accessing, correcting, or deleting your information.

Native Applications on Mobile Device
Some features of our mobile applications may require access to certain native applications on your mobile device, such as the photo album and the address book applications. If you decide to use these features, we will ask you for your consent prior to accessing the applications and collecting associated information. Note that you can revoke your consent at any time by changing the settings on your device.

Location Information
When you first launch any mobile application that collects precise location information, you will be asked to consent to the application’s collection of this information. If you initially consent to our collection of this location information, you can subsequently stop the collection of this information at any time by changing the preferences on your mobile device. If you do so, our application, or certain features thereof, may no longer function properly. You may also stop our collection of this location information by following the standard uninstall process to remove all of our applications from your device.

Cookies
Most web browsers are set to accept cookies by default. If you prefer, you can usually choose to set your browser to remove or reject browser cookies. Please note that if you choose to remove or reject cookies, this could affect the availability and functionality of the Sites.

Push Notifications
With your consent, we may send promotional and non-promotional push notifications or alerts to your mobile device. You can deactivate these messages at any time by changing the notification settings on your mobile device or within our mobile applications.

HOW CAN I CONTACT BIGFOOT?

If you have questions about your information, please contact us by clicking on the “Contact Us” link on the website or by e-mailing us at info@bigfootbiomedical.com. Alternatively, you may send a letter to the following address:

Bigfoot Biomedical, Inc.
Attention: Public Relations
1820 McCarthy Blvd.
Milpitas, CA 95035

In all communications to Bigfoot, please include the email address used for registration (if applicable) and a detailed explanation of your request. We will do our best to respond to all reasonable requests in a timely manner.

HOW WILL I KNOW WHETHER BIGFOOT HAS UPDATED THIS PRIVACY POLICY?

We may amend this Privacy Policy from time to time. If we make material changes to this Privacy Policy, we will provide notice of such changes, such as by sending an email notification, providing notice through the Services or updating the “Effective Date” date at the beginning of this Privacy Policy. We encourage you to review this Privacy Policy whenever you use or access the Services or otherwise interact with us to stay informed about our information practices and the ways you can help protect your privacy.