Privacy Policy

Your name, email address, contact information, date of birth, phone number(s), and statistics generated from your rehabilitation sessions using ROMTech devices.

• Data about your ROMTech device, including your device ID, IP address, cookies, web beacons, browser type, operating system, cross-device matching data, and similar data, including without limitation metadata or data used for analytics purposes
• Information about when your ROMTech account was registered, modified or terminated, and dates/times of logins and logouts
• Any permissions and authorizations you have provided related to your ROMTech account including without limitation the identity of and other information concerning other individuals to whom you have given access to your account.
• Information about and related to any services or third party platforms you use or access through your ROMTech account, including frequency of access, types of use, features or functionality used, client accounts accessed, etc.
• Security related information, such as your credentials which include but are not limited to username and password, number of failed login attempts, timeouts, past passwords, security questions for identity or account validation, number and frequency of username or password resets, permissions and authorizations for our services and those of third party platforms, and geolocational information.

In addition, we may collect other information as permitted under applicable law. We may also share information regarding your ROMTech account and services as follows:

• Within ROMTech, including with employees, contractors, agents, and service providers, and with other third parties we use to support our business or services and who are bound by contractual obligation to keep information confidential and use it only for the purposes for which we disclose it to them;
• To protect our rights and property and the rights and property of our clients and others, including to enforce agreements, policies and terms of use;
• To comply with applicable laws and regulations;
• To respond to lawful requests, regulatory enquiries, investigations and legal process;
• To protect the safety of any person;
• With third parties other than as set out above and only with your consent;
• In connection with, or during the consideration, negotiation, or consummation of any merger, divestiture, restructuring, reorganization, dissolution, or other sale or transfer of some or all our assets, whether as a going concern or as part of bankruptcy, liquidation, or similar proceeding.

In addition, we may share information as permitted under applicable law.

The Site uses cookies, pixels, tags, scripts, and similar technologies (together, “tracking technologies”). Some are strictly necessary to run the Site, keep it secure, and remember your privacy choices. Others help us understand how visitors use the Site (analytics) or measure our advertising (advertising).

When you first visit the Site, a consent banner lets you accept or decline analytics and advertising technologies by category. Strictly necessary technologies always operate. We do not load analytics or advertising technologies until you opt in, and you can change your choice at any time through “Privacy Preferences” in the Site footer. You can also block or delete cookies through your browser settings, although parts of the Site may not work as intended if you do.

The third-party technologies on the Site include Google Analytics and Vercel’s analytics and performance tools for analytics, and the Meta Pixel and the LinkedIn Insight Tag for advertising. Embedded features, such as maps and video players, load only when you choose to use them or after you consent.

The Site also offers an accessibility tool from accessiBe. It loads on every page so that visitors who need it can use it without first responding to the consent banner, and accessiBe receives basic technical information, such as your IP address and browser type, to provide it. If you use a chat feature on the Site, it loads only when you open it, and we and our service providers receive the messages you send. Please do not include health information in a chat.

When you opt in, the providers of analytics and advertising technologies may receive information such as your IP address, device and browser identifiers, and the pages you view, and they may use it under their own privacy policies, including to show you advertising on other websites. We use these technologies only on the general, public pages of the Site. We do not use features that send your name, email address, or phone number to analytics or advertising providers.

We do not permit analytics or advertising vendors to receive protected health information. On any page that requires you to sign in, or that relates to your care or your equipment, we do not use analytics or advertising technologies unless a written agreement that satisfies the Health Insurance Portability and Accountability Act of 1996 (“HIPAA”) or your authorization is in place. Section 1.9 explains where to find the Notice of Privacy Practices that governs protected health information.

Global Privacy Control and Do Not Track

If your browser sends a Global Privacy Control signal, we treat it as a request to opt out of the sale or sharing of your personal information for that browser and device, and we do not load advertising technologies for that browser. There is no common standard for “Do Not Track” browser signals, so the Site does not respond to them, but you can decline analytics and advertising technologies through the consent banner or Privacy Preferences at any time.

To the extent permitted by applicable law and any applicable client agreements, we may retain your information for as long as needed to comply with our legal obligations (which obligations include those to you, our clients, or to any third parties including regulatory and related authorities), to resolve disputes, to enforce our legal rights, policies, terms and agreements, for analytic purposes, for security purposes, or for as long as is reasonably necessary for other lawful purposes.

Security is of the utmost importance for ROMTech. ROMTech uses technical and physical safeguards to protect the security of your information from unauthorized disclosure. However, security cannot be guaranteed against all threats.

You may not assign or transfer your ROMTech account or share your ROMTech login, password, or any other credentials with any other person without our consent. Please notify us immediately if you believe the security of your ROMTech account may have been compromised.

ROMTech recognizes the importance of protecting the privacy and safety of children. ROMTech accounts are not intended for users under the age of sixteen (16) years old, and such users are not authorized to have ROMTech accounts. ROMTech has no actual knowledge that it sells or shares the personal information of consumers under 16 years of age. If you believe we have collected data from a user under sixteen (16) years old without the consent of their parent or legal guardian, please let us know immediately by contacting us as indicated below in Section 1.11, Contact, and provide sufficient information so we can act appropriately on your request.

In connection with your ROMTech account, we may need to send business, informational, support and security related messages (whether texts, alerts or calls) to all telephone numbers, including cellular numbers or mobile devices, you choose to provide on your ROMTech account, including on the ROMTech device itself. You agree such texts or calls may be prerecorded messages or placed with an automatic telephone dialing system. In addition, you agree that ROMTech may send service or account related text messages to cellular phone numbers you provide to ROMTech, and you agree to accept and pay all carrier message and data rates that apply to such text messages. If you choose to provide an e-mail or other electronic address on your ROMTech account, you acknowledge and consent to receive business and informational messages relating to your ROMTech account at the address, and you represent and warrant that such address is your correct address and is not accessible or viewable by any other person.

SMS Terms and conditions:

No mobile opt-in data will be shared with third parties.

We will never disclose any personal information such as Phone numbers and SMS consent with any third parties for marketing purposes.

By opting into SMS from a web form or other medium, you are agreeing to receive SMS messages from ROM Technologies, Inc. (ROMTech). This includes SMS messages for appointment scheduling, appointment reminders, follow-up messages about your therapy or equipment, and billing notifications. Message frequency varies. Message and data rates may apply. See privacy policy at https://romtech.com/privacy-policy/. Message HELP for help. Reply STOP to any message, or tell us by any other reasonable means, to opt out.

Unless otherwise required by applicable law, or otherwise specified in other ROMTech terms applicable to the specific Services you are accessing or using through your ROMTech account (and then only to the extent that the dispute relates solely to such specific Services), you agree that all provisions regarding disputes set forth in our terms of use also apply to any disputes related to this ROMTech User Privacy Policy except to the extent specifically overridden by this ROMTech User Privacy Policy; this includes, without limitation, choice of law, forum, arbitration, and waiver of rights to trial by jury.

If you are a patient of ROMTech, HealthROM, Inc. (“HealthROM”), or ROMTherapy, Inc. (“ROMTherapy”), the protected health information we create or receive in connection with your care, your treatment, or the equipment we furnish is governed by our Notice of Privacy Practices, which is posted on the Site. That Notice explains how your health information may be used and disclosed and describes your rights, including the rights to access and amend your health information and to receive an accounting of certain disclosures. This Privacy Policy does not limit those rights. To request a copy of your records, you may email medicalrecords@romtech.com.

We may update this Privacy Policy from time to time. When we do, we will post the updated Privacy Policy on the Site and update its effective date. If we make a material change to how we use or share personal information we have already collected, we will give you prominent notice before the change takes effect and, where the law requires, ask for your consent.

If you have any questions about this ROMTech User Privacy Policy or any other aspects of your privacy rights with respect to ROMTech, please contact us at:

ROM Technologies, Inc.

101 Silvermine Road

Brookfield, Connecticut 06804

Attention: Privacy Officer

By email: privacy@romtech.com

By Phone: Toll-free: 1-888-374-0855

Web-site address: www.romtech.com

If any portion of this Privacy Policy is found to be invalid with regard to a person or entity under a particular state’s law or any federal law or another country’s law, then the narrowest amount possible of that portion of this Privacy Policy shall be held to be invalid for those users covered by that law, and the remainder of this Privacy Policy will continue in full force and effect. Further, if any portion of this Privacy Policy is found to be invalid, then any arbitrator or any court that becomes involved is hereby directed by the parties to replace the legally invalid provisions of this Privacy Policy with legally valid provisions which will, from an economic viewpoint, most nearly and fairly approach the eliminated provisions.

We collect information that identifies, relates to, describes, references, is reasonably capable of being associated with, or could reasonably be linked, directly or indirectly, with a particular consumer, household, or device (“personal information”). Personal information does not include:

• Publicly available information from government records.
• De-identified or aggregated consumer information
• Information excluded from the CCPA’s scope, like: Health or medical information covered by the Health Insurance Portability and Accountability Act of 1996 (HIPAA) and the California Confidentiality of Medical Information Act (CMIA) or clinical trial data.

In particular, we have collected the following categories of personal information from consumers within the last twelve (12) months (as identified in Cal. Civil Code Section 1798.140(v)(1)(A) through (K)) as indicated:

We obtain the categories of personal information listed above either directly from you (e.g., from your use of the Services) or indirectly from you (e.g., observing your actions on our website or through our devices), as further described above.

We retain each category of personal information only as long as reasonably necessary for the purposes for which we collected it, using the criteria described in Section 1.4, Data Retention, including our legal, regulatory, and record-keeping obligations.

We do not use or disclose Sensitive Personal Information for purposes other than those specified in 11 CCR 7027(m), which are those purposes identified in Cal. Civil Code Section 1798.121(a) for which a business may use or disclose Sensitive Personal Information without being required to offer consumers a right to limit that use or disclosure. These purposes are as follows:

• To perform the services or provide the goods reasonably expected by an average consumer who requests those goods or services;
• Helping to ensure security and integrity to the extent the use of your personal information is reasonably necessary and proportionate for these purposes;
• Short-term, transient use, including, but not limited to, non-personalized advertising shown as part of a consumer’s current interaction with the business;
• Performing services on behalf of the business, including maintaining or servicing accounts, providing customer service, processing or fulfilling orders and transactions, verifying customer information, processing payments, providing financing, providing analytic services, providing storage, or providing similar services on behalf of the business;
• Undertaking activities to verify or maintain the quality or safety of a service or device that is owned, manufactured, manufactured for, or controlled by the business, and to improve, upgrade, or enhance the service or device that is owned, manufactured, manufactured for, or controlled by the business.

We may use, or disclose the personal information we collect for one or more of the following purposes:

• To fulfill or meet the reason you provided the information. For example, providing ROMTech products or services to you or responding to questions about ROMTech products or services.
• To provide, support, personalize, and develop ROMTech web properties, products and services.
• To create, maintain, customize, and secure your account with us.
• To process your requests, purchases, transactions, and payments and prevent transactional fraud.
• To provide you with support and to respond to your inquiries, including to investigate and address your concerns and monitor and improve our responses.
• To personalize your website and services experience and to deliver content and product and service offerings relevant to your interests via email or text message with your consent, where required by law.
• To help maintain the safety, security, and integrity of ROMTech, our website, products and services, databases and other technology assets, and business.
• For testing, research, analysis, and product development, including to develop and improve the ROMTech website, products, and services.
• To respond to law enforcement requests and as required by applicable law, court order, or governmental regulations.
• As described to you when collecting your personal information or as otherwise set forth in the CCPA.
• To evaluate or conduct a merger, divestiture, restructuring, reorganization, dissolution, or other sale or transfer of some or all of our assets, whether as a going concern or as part of bankruptcy, liquidation, or similar proceeding, in which personal information held by us about our users is among the assets transferred.

We will not collect additional categories of personal information or use the personal information we collected for materially different, unrelated, or incompatible purposes without providing you notice.

We share your personal information with the following categories of third parties:

• Service providers.
• Third Parties that you consent to or direct us to share your information with.

Sale and Sharing

We do not sell personal information for money. When you opt in to advertising technologies, the advertising platforms described in Section 1.3 receive identifiers and internet activity (Categories A and F), which the CCPA may treat as a “sale” or “sharing” for cross-context behavioral advertising. In the past 12 months, we have disclosed those categories to advertising and marketing technology providers through tracking technologies on the Site. We do not knowingly sell or share the personal information of consumers under 16 years of age. You may opt out as described in Section 2.5.

Disclosures of Personal Information for a Business Purpose

We may disclose the following categories of personal information for a business purpose:

• Category A: Identifiers.
• Category B: California Customer Records personal information categories.
• Category C: Protected classification characteristics under California or federal law.
• Category D: Commercial information.
• Category E. Biometric information.
• Category F: Internet or other similar network activity.
• Category G: Geolocation data.
• Category H: Sensory Data.
• Category K: Inferences drawn from other personal information.

We disclose your personal information for a business purpose to the following categories of third parties:

• Service providers.
• Third Parties that you consent to or direct us to share your information with.

The CCPA provides consumers (California residents) with specific rights regarding their personal information. This section describes your CCPA rights and explains how to exercise those rights.

Access to Specific Information and Data Portability Rights

You have the right to request that we disclose certain information to you about our collection and use of your personal information over the past 12 months. Once we receive and confirm your verifiable consumer request (see Exercising Access, Data Portability, Correction, and Deletion Rights), we will disclose to you:

• The categories of personal information we collected about you.
• The categories of sources for the personal information we collected about you.
• Our business or commercial purpose for collecting or selling that personal information.
• The categories of third parties with whom we share that personal information.
• The specific pieces of personal information we collected about you (also called a data portability request).
• If we disclosed your personal information for a business purpose, a list disclosing: Disclosures for a business purpose, identifying the personal information categories that each category of recipient obtained.

Correction Rights

You have the right to request that we correct inaccurate personal information that we maintain about you, taking into account the nature of the information and the purposes for which we process it.

You may choose the option “Do Not Sell or Share My Personal Information” and/or “Limit the Use of My Sensitive Personal Information.” By clicking the “Cookie Preferences” link in the Site footer, a pop-up will appear, allowing you to choose whether to accept or decline cookies based on your preferences.

You can also opt out of the sale or sharing of your personal information by declining advertising technologies in the consent banner or Cookie Preferences, or by turning on the Global Privacy Control in your browser, which we honor for the browser and device that send it.

The “Do Not Sell or Share My Personal Information,” will enable you, or a person authorized by you, to opt out of the sale or sharing of your Personal Information as defined in the chart above.

The “Limit the Use of My Sensitive Personal Information” will enable you, or a person authorized by you, to limit the use or disclosure of your Sensitive Personal Information as defined in the chart above to the following uses:

To perform the services or provide the goods reasonably expected by an average consumer who requests those goods or services;

Helping to ensure security and integrity to the extent the use of your personal information is reasonably necessary and proportionate for these purposes;

Short-term, transient use, including, but not limited to, non-personalized advertising shown as part of a consumer’s current interaction with the business;

Performing services on behalf of the business, including maintaining or servicing accounts, providing customer service, processing or fulfilling orders and transactions, verifying customer information, processing payments, providing financing, providing analytic services, providing storage, or providing similar services on behalf of the business;

Undertaking activities to verify or maintain the quality or safety of a service or device that is owned, manufactured, manufactured for, or controlled by the business, and to improve, upgrade, or enhance the service or device that is owned, manufactured, manufactured for, or controlled by the business.

You have the right not to receive discriminatory treatment by the business for the exercise of privacy rights conferred by the California Consumer Privacy Act (“CCPA”), including an employee’s, applicant’s, or independent contractor’s right not to be retaliated against for the exercise of their CCPA rights.

You have the right to request that we delete any of your personal information that we collected from you and retained, subject to certain exceptions. Once we receive and confirm your verifiable consumer request (see Exercising Access, Data Portability, Correction, and Deletion Rights, below), we will delete (and direct our service providers to delete) your personal information from our records, unless an exception applies.

We may deny your deletion request if retaining the information is necessary for us or our service provider(s) to:

• Complete the transaction for which we collected the personal information, provide a service that you requested, take actions reasonably anticipated within the context of our ongoing business relationship with you, or otherwise perform our services.
• Detect security incidents, protect against malicious, deceptive, fraudulent, or illegal activity, or prosecute those responsible for such activities.
• Debug products to identify and repair errors that impair existing intended functionality.
• Exercise free speech, ensure the right of another consumer to exercise their free speech rights, or exercise another right provided for by law.
• Comply with the California Electronic Communications Privacy Act (Cal. Penal Code § 1546 et. seq.).
• Engage in public or peer-reviewed scientific, historical, or statistical research in the public interest that adheres to all other applicable ethics and privacy laws, when the information’s deletion may likely render impossible or seriously impair the research’s achievement, if you previously provided informed consent.
• Enable solely internal uses that are reasonably aligned with consumer expectations based on your relationship with us.
• Comply with a legal obligation. We will not delete investor contact information as we are required to give investors notice in certain situations.
• Make other internal and lawful uses of that information that are compatible with the context in which you provided it.

Exercising Access, Data Portability, Correction, and Deletion Rights

To exercise the access, data portability, correction, and deletion rights described above, please submit a verifiable consumer request to us by contacting us per the instructions above in Section 1.11, Contact.

Only you, or someone legally authorized to act on your behalf, may make a verifiable consumer request related to your personal information. You may also make a verifiable consumer request on behalf of your minor child. To designate an authorized agent, please call the phone number referenced above.

You may only make a verifiable consumer request for access or data portability twice within a 12-month period. The verifiable consumer request must:

• Provide sufficient information that allows us to reasonably verify you are the person about whom we collected personal information or an authorized representative, which may include:
• Name, address, date of birth, usernames (where applicable) and email address. We may use this information to surface a series of security/quiz questions to you to verify your identity.
• Describe your request with sufficient detail that allows us to properly understand, evaluate, and respond to it.

For Access, Data Portability, Correction, or Deletion Requests, we cannot respond to your request or provide you with personal information if we cannot verify your identity or authority to make the request and confirm the personal information relates to you. Making a verifiable consumer request does not require you to create an account with us. We will only use personal information provided in a verifiable consumer request to verify the requestor’s identity or authority to make the request. We will inform the requestor if their identity cannot be verified. We do not require a consumer to verify their identity to make a request to opt-out of sale/sharing or to make a request to limit.

Response Timing and Format

We endeavor to respond to a verifiable consumer request within forty-five (45) days of its receipt. If we require more time, we will inform you of the reason and extension period in writing.

Any disclosures we provide will cover the 12-month period preceding the verifiable consumer request’s receipt. The response we provide will also explain the reasons we cannot comply with a request, if applicable.

We will not discriminate against you for exercising any of your CCPA rights. Unless permitted by the CCPA, we will not:

• Deny you goods or services.
• Charge you different prices or rates for goods or services, including through granting discounts or other benefits, or imposing penalties.
• Provide you a different level or quality of goods or services.
• Suggest that you may receive a different price or rate for goods or services or a different level or quality of goods or services.

California’s “Shine the Light” law (Civil Code Section § 1798.83) permits users of ROMTech’s products or services that are California residents to request certain information regarding our disclosure of personal information to third parties for their direct marketing purposes. To make such a request, contact us as described above, under Section 1.11, Contact.

Our goal is to respect your privacy and we encourage user feedback to help us improve our privacy policies. If you have any questions, concerns or suggestions about this privacy statement or our processing of your personal information, please contact us as described above under Section 1.11, Contact.

If you live in a state that gives you the right to appeal our decision on a privacy request, you may appeal by emailing privacy@romtech.com with the subject line “Privacy Request Appeal.” We will respond within the time your state’s law requires and explain the reasons for our decision. If we deny your appeal, you may contact your state’s attorney general.