Privacy Policy – Japan

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

Vapotherm is a trans-national business headquartered in the United States. Our management structure and business processes cross borders. This means that our customer and employee data is transferred across borders. Vapotherm may jointly use your personal information collected under this Policy within the group companies for the purpose that is stipulated in the section “Notice” below. Vapotherm, Inc. is the responsible company regarding the management of the jointly used data. 

Vapotherm may from time to time handle personal information collected from individuals located within Japan. Vapotherm complies with the Act on the Protection of Personal Information (“APPI”) and any other applicable laws, regulations, and guidelines and is taking necessary and appropriate measures for the security control of personal information. 

Scope

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

Notice

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

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

Online Information

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

Use of Cookies

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

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

Choice

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

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

Accountability for Transfer to Third Parties

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

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

Data Integrity and Purpose Limitation

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

Access, Correction, and Deletion

You have the right to access personal data relating to you. If you wish to access, amend, or confirm that Vapotherm has personal data relating to you; correct or delete your Personal Information if it is inaccurate; or request the cessation of use or transfer of your Personal Information, please notify us at [email protected] or at (603) 658-0411. We will respond to your request within a reasonable time, to the extent required by any applicable law.

Recourse, Enforcement, and Liability

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

Vapotherm commits to cooperate with the Personal Information Protection Commission (“PPC”) and comply with the advice given by the PPC with regard to data transferred from Japan.

Contact Information

A Consumer can exercise rights to access, deletion, and cessation of usage or transfer by submitting a verifiable Consumer request to us by completing a Data Subject Request Form.

Questions or comments regarding this Policy should be submitted to Vapotherm by email to: [email protected] or by mail to: Vapotherm, 100 Domain Drive, Exeter, New Hampshire 03833.

Changes to this Japan Privacy Policy

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