Privacy Policy

Personal Information

"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 in person, on the phone, via email or chat, 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, questionnaires, or other ways to publicly interact with other Users. Agile 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. Agile 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, once “De-identified” (i.e., the removal or modification of the personally identifiable elements, or the extraction non-personally identifiable elements including through anonymization, pseudonymization, and hashing) is also non-Personal Information and may be used and shared without obligation to you, except as prohibited by applicable law. However, we do not make assurances that de-identified data is not capable of re-identification.

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.

Data Collection

We collect data from you in two ways:

Directly from you when you provide it to us. The information we collect on or through our Services may include:

• Information that you provide by filling in forms on our Website. This includes information provided at the time of registering to use our Website, subscribing to our services such as the newsletter, or requesting further services. We may also ask you for information when you report a problem with our Services;
• Records and copies of your correspondence (including email addresses), if you contact us via the Services;
• Details of transactions you carry out through our Website and of the fulfillment of your orders. You may be required to provide financial information before placing an order through our Website; and
• our search queries on the Website.

Automatically as you navigate through the Website or otherwise use the Services. Information collected automatically may include usage details, IP addresses, and information collected through cookies, web beacons, and other Tracking Technologies. For instance, as you navigate through and interact with our Services, we may use automatic data collection technologies to collect certain information about your equipment, browsing actions, and patterns, including:

Details of your visits to our Services, including traffic data, location data, logs, and other communication data and the resources that you access and use on the Services; and
Usage Information about your computer and internet connection, including your IP address, operating system, and browser type.
We, and third parties, also may use Tracking Technologies to collect information about your online activities over time and across third-party websites or other online services.
We collect statistical data that we may maintain or associate with Personal Information we collect in other ways or receive from third parties. It helps us to improve our Services and to deliver a better and more personalized service.

Other Information; Cookies

We use cookies, 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 Agile to count users who have visited pages or interacted with marketing communications.

You may set your browser to block all cookies, including Agile 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.

Third-Party Data Collection

We may collect information from third party social networks. This allows for the sharing of contacts and content between 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 Agile or its subsidiaries (ie, hashtag), your post may be used on or in connection with the Company. Both Company and 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.

The Company may engage and work with Service Providers and other third parties to serve advertisements on the Services and/or on third-party services. Some of these ads may be tailored to your interest based on your browsing of the Service and elsewhere on the internet, sometimes referred to as “interest-based advertising” and “online behavioral advertising”, which may include sending you an ad on a third party service after you have left the Services (i.e., “retargeting”).

Data, including Personal Information, obtained by Company from a third party, even in association with the Service, is subject to the Privacy Policy. The information collected, stored, and shared by third parties also remains subject to their privacy policies and practices, including whether they continue to share information with Company, the types of information shared, and your choices on what is visible to others on Third-Party Services.

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 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 Agile 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 Agile’ companies 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 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.

Newsletter and Communications

We provide an opt-in newsletter that is delivered via email to our users. You may unsubscribe from receiving these e-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 for 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.

The CPAP Shop uses cookies to collect information around abandoned shopping carts. A cart is considered abandoned after one hour of inactivity/lack of purchase. Once the timer has expired an SMS message will be sent as a reminder.

Password Safety

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.

Protected Health Information

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 PolicyWe 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.

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 a written note to: The CPAP Shop, Attn: California Consumer Privacy Act, 159 Cooper Road, West Berlin, NJ 08054 or an email to compliance@thecpapshop.com with the phrase “California Privacy Request” in the subject line. In all communication, please your name, address, and email address. We will respond to you within 30 days of receiving such a request.

Additional Information for EU Residents

Agile 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 compliance@thecpapshop.com to withdraw your consent. If you withdraw your consent, we will not be able to provide you with access to the Services.