NOTICE OF PRIVACY POLICY – EFFECTIVE 08/12/21

At Inogen Inc. we respect your privacy and appreciate the trust you have placed in us. This Privacy Policy explains how Inogen Inc. and its subsidiaries ("Inogen", "we", "our", and "us") collect, use, and disclose personal information we obtain through www.inogen.com and our other websites that link to this Privacy Policy, our mobile applications, and our provision of our portable oxygen concentrator to support your health and personal wellbeing (collectively, the "Service"). This Privacy Policy is incorporated by reference into Inogen’s Terms of Service (the "Terms"). By agreeing to this Privacy Policy in your account setup, you agree to the processing and sharing of your personal information as set forth in this Privacy Policy.

YOUR HEALTH AND PERSONAL INFORMATION

To the extent we collect, record, organize, structure, store, adapt, retrieve, use, disseminate, otherwise make available, create, receive, maintain, or transmit (collectively, "Process") "protected health and personal information" (as such term is defined in 45 C.F.R 160.103) in providing the Service, we shall only use and disclose that information in accordance with applicable law and regulation, including the Health Insurance Portability and Accountability Act of 1996 ("HIPAA"). Under HIPAA, any covered entity involved in your care is generally required to provide or make available to you a Notice of Privacy Practices ("NPP"). The NPP is intended to provide notice on how the covered entity may use and share your protected health and personal information and inform you about your health and personal privacy rights.

To the extent we act as a covered entity in our provision of services to you, a copy of our NPP can be found at Inogen Privacy Practices.

HOW WE COLLECT YOUR INFORMATION

INFORMATION YOU PROVIDE

We collect any personal information that you provide us when you use the Service, including:

• Account Registration. If you register an account on our U.S. website, we will request that you provide us your email address. You may also elect to provide us additional information such as your name and address. If you link your device with one of our mobile applications, we may request that you provide us your device’s serial number. If you use a unique code to register your device on our mobile application, certain information linked to the unique code will be automatically uploaded to the mobile application, including the serial number of the device, model and who provided you with the device (either Inogen or a third-party vendor).
• Communications and Other Interactions. We may collect information through your communications with our customer-support teams. We may also collect any information you provide when requesting additional information about our products such as your name, phone number, and email address.
• Health Information. If you fill out a form on our site, we collect certain information related to your health condition, including your relationship to the patient, and the condition that the patient has.
• Payments. If you make payments through the Service, we will ask you to provide your payment information, such as your credit card number and billing address. This information is processed by our third-party service providers on our behalf, in accordance with the Payment Card Industry Data Security Standard (PCI DSS).

INFORMATION WE COLLECT WHEN YOU USE THE SERVICE

We may automatically collect certain technical information from your computer or mobile device when you use the Service.

• Device and Usage Information.

We receive information from your device, including IP address, web browser type, mobile operating system version (to the extent applicable), and unique device identifiers. Please note that we need to collect and store certain types of information so that we can accurately and conveniently provide services to you. While some of the services may not require you to provide information that can directly be used to identify you, the specific types of information we collect and store will depend upon the services and options you use, how you use them, and the information you choose to provide. If you do not provide us with such information, or ask us to delete it, you may no longer be able to access or use our services or access previous activity with us. Our goal is to collect a variety of information to help us provide you accurate, complete, and user-friendly services.  We also collect and store information regarding errors and other maintenance issues that impact your device. We may also collect and store your browser settings and preferences. We receive information about your interactions with the Service, such as the time spent interacting with content and the dates and times of your visits. This information is viewable to Inogen through its internal service platform (Inogen Connect), as well as to third-party vendors if you obtained your device from a party other than Inogen.

• Information from Cookies and Similar Technologies.

We and our service providers may collect information using cookies or similar technologies from users of the Service in the U.S. and Canada. Cookies are pieces of information that are stored by your browser on the hard drive or memory of your computer or other Internet access device. Cookies may enable us to personalize your experience on the Service, maintain a persistent session, passively collect demographic information about your computer. The Service available in the U.S. and Canada may use different kinds of cookies and other types of local storage (such as browser-based or plugin-based local storage).

Cookies, and similar online tracking technologies (such as web beacons, action tags and single-pixel gifs) are small text files stored by your browser on your computer when you visit a website. Cookies permit us to recognize you and avoid repetitive requests for the same information, customize and improve the Service, as well as to manage our advertising.

Most browsers will accept cookies until you change your browser settings to refuse them. You may change your browser’s settings to refuse our cookies. However, if you do so, you will turn off strictly necessary cookies and may have difficulties accessing the Service or logging in.

What types of cookies are used on our website?

We use the following categories of cookies on the Service:

• Strictly necessary cookies. Some cookies are strictly necessary to make the Service available to you and save your choices related to cookies every time you access our website. We cannot provide you with the Service and apply your privacy choices across your visits without this type of cookies.
• Functional cookies. These are used to recognize you when you return to the Service.
• Analytical or performance cookies. We also use cookies for analytics purposes in order to operate, maintain, and improve the Service. We use third-party analytics providers, including Google Analytics, to help us understand how users engage with the Service. Google Analytics uses first-party cookies to track user interactions which helps show how users use the Service. This information is used to compile reports and to help us improve the Service. The reports disclose Service trends without identifying individual visitors. You can opt out of Google Analytics without affecting how you visit the Service by going to https://tools.google.com/dlpage/gaoptout or via Google’s Ads settings. To more fully understand how Google may use the data it collects on the Service, please visit https://policies.google.com/technologies/partner-sites?hl=en-GB&gl=uk.
• Advertising and social media cookies. These cookies record your visit to the Service, the pages you have visited and the links you have followed. We will use this information to make the Service and the advertising displayed on it more relevant to your interests, and to target visitors of the Service elsewhere on the web and on social media. We will also share this information with third parties for this purpose.

You can find further information about cookies and how to alter your cookie settings for the browser that you use from the following list:

• https://www.google.com/intl/en/policies/technologies/managing/
• http://support.mozilla.com/en-US/kb/Cookies#w_cookie-settings
• http://windows.microsoft.com/en-US/windows-vista/Block-or-allow-cookies
• http://www.apple.com/safari/features.html#security

• Location Information.

When you use our mobile applications, we receive your precise location information. We may also collect the precise location of your device when the mobile application is running in the foreground or background and when the mobile application is closed, consistent with your choices. We use your location information to monitor the location of your equipment to locate lost or stolen equipment, perform market analysis, and locate nearby service representatives and branch offices. We also infer your more general location information (for example, your IP address may indicate your more general geographic region).

HOW WE USE YOUR INFORMATION

SERVICE-RELATED USAGE

We use the information we collect about and from you for a number of purposes, including: providing, maintaining, and supporting your use of our portable oxygen concentrator, improving the Service, analyzing how you use the Service, and offering you better tailored services and products.

COMMUNICATIONS

We also use your information to communicate with you. For example, we may send email to the email address you provide to us to verify your account and for informational and operational purposes, such as account management or customer service.

To the extent permitted under applicable law, we may use the information we collect from and about you for promotional purposes, such as providing you with additional information regarding our products and the Service that may be useful, relevant, valuable or otherwise of interest to you.

You may unsubscribe from marketing emails when you receive the email, or by clicking the link below, or by contacting myinfo@inogen.net.

https://www.inogen.com/unsubscribe/

COMPLIANCE WITH APPLICABLE LAW AND OUR OWN OBLIGATIONS

We may also process the information we collect about you or from you for the following purposes: (i) to enforce our Terms or other legal rights, including intellectual property infringement; (ii) as may be required by applicable laws and regulations or requested by any judicial process or governmental agency; and (iii) comply with industry standards and our policies.

AGGREGATE DATA

We may de-identify your information and process it in an anonymous and/or aggregated form for other purposes than described above. Anonymous and aggregated data may be derived from your personal information but is not personal information as this data will not directly or indirectly reveal your identity.

LEGAL BASIS

If you are located in the EEA or the UK, we rely on legal basis to process your personal information, including:

• Consent. We obtain your consent for the use of your personal information, for example, to send you electronic marketing communications or for the use of certain cookies.
• Contract. We use your personal information in order to provide you with our Services and to respond to your inquiries.
• Legal Obligation. We have a legal obligation to use your personal information, for example, to comply with tax and accounting obligations.
• Legitimate Interest. We or a third party have a legitimate interest in using your personal information, for example, we have a legitimate interest in using your personal information to improve our Services, for analytics purposes, and to prevent against fraud or otherwise defend Inogen against legal claims or disputes. We only rely on this legal basis when our or a third party’s legitimate interest does not override your rights and interests.

HOW WE MAY DISCLOSE YOUR INFORMATION

SERVICE PROVIDERS

We may share your information with third-party service providers who provide website development, hosting, maintenance, and support as well as other business services for us.

HOMECARE PROVIDERS

To the extent permitted by law and regulation, we may disclose the information we collect about you (including your location information) with homecare providers involved in your care.

THIRD-PARTY VENDORS

If you obtained your device from a party other than Inogen, that third-party vendor will have access to the Service, which will display your device’s serial number, model, the date the device last connected to the mobile application, an error code (if applicable) and the last location where your mobile application connected to the device. Please carefully review the privacy policy of the third-party vendor before connecting its device to the Service.

ANALYTICS AND ADVERTISING NETWORKS

We use third-party analytics vendors to evaluate and provide us with information about your use of the Service. These analytics service providers may set and access their own cookies, pixel tags and similar technologies and they may otherwise collect or have access to information about you which they may collect over time and across different websites. On the Service and Inogen Connect Portal, we use Google Analytics to collect and process certain analytics data. [We may also allow ad network providers to set and access their own cookies, pixel tags and similar technologies to collect information about your use of the Service in the U.S. and Canada. These network advertisers may use this and other information they have collected about you to deliver targeted advertisements for products and services in which you might be interested. If you prefer to not receive targeted advertising, you can opt-out of some network advertising programs that use your information. To do so please visit the Digital Advertising Alliance (DAA) Opt-Out Page: http://www.aboutads.info/choices.]

Additionally, many network advertising programs allow you to view and manage the interest categories they have compiled from your online browsing activities. These interest categories help determine the types of targeted advertisements you may receive. The DAA Opt-Out Page provides a tool that identifies its member companies that have cookies on your browser and provides links to those companies.

AS REQUIRED BY LAW AND SIMILAR DISCLOSURES

We may disclose personal information about you: (i) if we are required to do so by law, regulation, or legal process, such as a court order or subpoena; (ii) in response to requests by government agencies, such as law enforcement authorities; (iii) when we believe disclosure is necessary or appropriate to protect against or respond to physical, financial or other harm, injury, or loss to property; or (iv) in connection with an investigation of suspected or actual unlawful activity.

MERGER, SALE, OR OTHER ASSET TRANSFERS

We reserve the right to transfer your personal information to service providers, advisors, potential transactional partners, or other third parties in connection with the consideration, negotiation, or completion of a corporate transaction in which we are acquired by or merged with another company or we sell, liquidate, or transfer all or a portion of our assets.

We may also disclose your personal information with your permission. In addition, we may share anonymous and aggregated reports with third parties.

YOUR CHOICES AND RIGHTS

If you do not want the Service to collect information through the use of cookies, your browser may allow you to be notified when you receive certain types of cookies and restrict or disable certain cookies. Each browser is different, so you should check your browser’s "Help" menu to learn how to change your cookie preferences. Please be aware that if you disable or reject cookies, some features of the Service may not work properly.

You can opt-out of receiving further promotional messages from us by following the unsubscribe instructions provided in the promotional email you receive or by contacting us directly at the contact information listed below.

You can disable location collection by using your device’s location sharing settings. Please be aware that if you disable location collection, some feature of the Service may not work properly.

If you are a California resident, you may have additional rights with regard to your personal information. Please see the California Resident Privacy Notice below for more information.

UPDATING YOUR INFORMATION

If you wish to modify any of the personal information that you have provided to us, you may do so by logging into the My Account section of our website. If you do not have access to your My Account section, please email myinfo@inogen.net.

YOUR DATA PROTECTION RIGHTS

In some regions, such as the European Economic Area (EEA) and the United Kingdom (UK), you may have certain rights in relation to your personal information, including the right to access, correct, update, or request deletion of your personal information. Inogen takes reasonable steps to ensure that the data we collect is reliable for its intended use, accurate, complete, and up to date. You also can manage your data by emailing our compliance department at privacy@inogen.net. However, if you are not a user of the Service and you want to contact us directly about accessing, correcting, updating, or deleting your personal information, or altering your data or marketing preferences, you can do so at any time by contacting as provided in the Contact Us section. We will consider your request in accordance with applicable laws.

You can object to processing of your personal information, ask us to restrict processing of your personal information, or request portability of your personal information. Again, you can exercise these rights by contacting us as provided in the Contact Us section. You also can deactivate your profile and obtain a copy of your information by emailing privacy@inogen.net

You can complain to a data protection authority about our collection and use of your personal information. For more information, please contact your local data protection authority. Contact details for data protection authorities in the EEA, the UK and Switzerland are available here.

Similarly, if we have collected and processed your personal information with your consent, then you can withdraw your consent at any time. Withdrawing your consent will not affect the lawfulness of any processing we conducted prior to your withdrawal, nor will it affect processing of your personal information conducted in reliance on lawful processing grounds other than consent. You can do so by emailing privacy@inogen.net, or via another indicated means, e.g., by following an unsubscribe mechanism where you have given consent to receive marketing communications.

We respond to all requests we receive from individuals wishing to exercise their data protection rights in accordance with applicable data protection laws. We may ask you to verify your identity in order to help us respond efficiently to your request.

HOW WE HOLD AND PROTECT YOUR INFORMATION

We maintain administrative, technical, and physical safeguards designed to protect the personal information you provide or we collect against accidental, unlawful, or unauthorized destruction, loss, alteration, access, disclosure, or use. Unfortunately, the Internet cannot be guaranteed to be 100% secure, and we cannot ensure or warrant the security of any information you provide to us. Moreover, we are not responsible for the security of information you transmit to the Service over networks that we do not control, including the Internet and wireless networks.

CHILDREN'S PRIVACY

We do not knowingly collect personal information online from children. If Inogen becomes aware that any person submitting personal information to the Service is under the age of 16, we will promptly take steps to delete any personal information collected. If you become aware that your child or any child under your care has provided us with personal information without your consent, please contact us at the contact information listed below.

INTERNATIONAL USERS

If you are from the European Economic Area or other regions with laws governing data collection and use, please note that we may transfer your personal information gathered from the Service to recipients in countries other than the country in which the personal information was originally collected, including the United States of America. The other countries we share information with may not have the same data protection laws as the country in which you initially provided the information. When we transfer your information to other countries, we will protect that information as described in this Privacy Policy. If we do so, we will comply with applicable data protection laws, in particular by relying on an EU Commission adequacy decision, on contractual protections for the transfer of your Personal Data, on Binding Corporate Rules, or on the EU-U.S. Privacy Shield framework. For more information about how we transfer personal information outside of Europe, or to obtain a copy of the contractual safeguards we use for such transfers, please contact us as specified below.

CHANGES TO OUR PRIVACY POLICY AND PRACTICES

This Privacy Policy may be updated periodically and without prior notice to you to reflect changes in our information practices or relevant laws. To inform you of any change, we will post the updated Privacy Policy on the applicable websites and indicate at the top of the Privacy Policy when it was updated. If we decide to use particular personal information in a manner materially different from that stated at the time it was collected, we will let you know through the Service, by email, or other communication.

HOW TO FILE A COMPLAINT

If you believe your privacy rights have not been observed in accordance with current laws or regulations, please contact our Compliance Department at privacy@inogen.net or the Data Protection Officer at jsomer@inogen.net.

HOW TO CONTACT US

If you have any questions or comments about this Privacy Policy, our privacy practices or if you would like to exercise your rights and choices, please contact us at privacy@inogen.net or by writing to us at:

Inogen
301 Coromar Drive
Goleta CA, 93117

CALIFORNIA RESIDENT PRIVACY NOTICE

This California Resident Privacy Notice supplements the information and disclosures contained in our Privacy Policy. It applies to individuals residing in California from whom we collect Personal Information as a business under the CCPA.

For the purposes of this California Resident Privacy Notice, Personal Information means information that identifies, relates to, describes, is reasonably capable of being associated with, or could reasonably be linked, directly or indirectly, with a particular consumer or household, or as otherwise defined by the California Consumer Privacy Act of 2018 (California Civil Code §§ 1798.100 to 1798.199) and its implementing regulations, as amended or superseded from time to time (“CCPA”).

Personal Information does not include information that is:

• Lawfully made available from government records.
• Deidentified or aggregated.
• Otherwise excluded from the scope of the CCPA.

The chart below provides the categories of Personal Information (as defined by the CCPA) we have collected, disclosed for a business purpose, sold, or used for business or commercial purposes in the preceding twelve months since this notice was last updated, as well as the categories of sources from which that information was collected, and the categories of third parties with whom we shared Personal Information. The examples of Personal Information provided for each category reflect each category’s statutory definition and may not reflect all of the specific types of Personal Information associated with each category.

Use of Personal Information 

We collect, use, and disclose your Personal Information in accordance with the specific business and commercial purposes below:

• Providing Services: Providing our services.
• Communicating: Communicating with you, providing you with updates and other information relating to our services, providing information that you request, responding to comments and questions, and otherwise providing customer support.
• Marketing: Marketing purposes, such as developing and providing promotional and advertising materials that may be useful, relevant, valuable or otherwise of interest to you.
• Personalization: Personalizing your experience on our services such as presenting tailored content.
• Facilitating Payments: Facilitating transactions and payments.
• Deidentification and Aggregation: De-identifying and aggregating information collected through our services and using it for any lawful purpose.
• Job Applications: Processing your job application.  
• Safety Issues: Responding to trust and safety issues that may arise.
• Compliance: For compliance purposes, including enforcing our Terms of Service or other legal rights, or as may be required by applicable laws and regulations or requested by any judicial process or governmental agency.
• Auditing Interactions: Auditing related to a current interaction with you and concurrent transactions, including, but not limited to, counting ad impressions to unique visitors, verifying positioning and quality of ad impressions, and auditing compliance with this specification and other standards.
• Fraud and Incident Prevention: Detecting security incidents, protecting against malicious, deceptive, fraudulent, or illegal activity, and prosecuting those responsible for that activity.
• Debugging: Debugging to identify and repair errors that impair existing intended functionality.
• Transient Use: Short-term, transient use.
• Contracting Vendors: Contracting with service providers to perform services on our behalf or on their behalf, including maintaining or servicing accounts, providing customer service, processing or fulfilling orders and transactions, verifying customer information, processing payments, providing financing, providing advertising or marketing services, providing analytic services, or providing similar services on behalf of the business or service provider.
• Research: Undertaking internal research for technological development and demonstration.
• Improving Our Services: Undertaking activities to verify or maintain the quality or safety of our services, and to improve, upgrade, or enhance our services.
• Enabling Transactions: Otherwise enabling or effecting, directly or indirectly, a commercial transaction.
• Notified Purpose: For other purposes for which we provide specific notice at the time the information is collected.

COLLECTION OF PERSONAL INFORMATION

In the preceding twelve months since this notice was last updated, we have collected Personal Information from the following categories of sources:

• You/Your Devices: You or your devices directly.
• Affiliates.
• Advertising Networks.
• Analytics Providers.
• Resellers: Consumer data brokers
• OS/Platform Provider: Operating systems and platforms.
• Social Networks.

DISCLOSURE OF PERSONAL INFORMATION

Pursuant to our Privacy Policy, we share your Personal Information with the following categories of third parties:

• Advertising Providers: Third-party partners, including social networks, who provide advertising to you based on your interests.
• Analytics Providers.
• Resellers: Consumer data brokers.
• Affiliates.
• Vendors: Vendors and service providers, including Internet service providers, operating system and platform providers, email providers, and other third-party service providers who provide website development, hosting, maintenance, and support as well as other business services for us.
• Integrated Third Parties: Third parties integrated into our services, including social networks, YouTube’s API Services, and other integrated application features.
• Third Parties as Directed by Consumer, in a Merger, or as Required by Law: Third parties for whom we have obtained your permission to disclose your Personal Information, such as your homecare providers, or in connection with a merger, sale, or asset transfer, as required by law and similar disclosures, including to government entities.

YOUR CALIFORNIA PRIVACY RIGHTS

If you are a California resident, you may exercise the following rights. 

Right to Know and Access. You may submit a verifiable request for information regarding the: (1) categories of Personal Information collected, sold, or disclosed by us; (2) purposes for which categories of Personal Information are collected or sold by us; (3) categories of sources from which we collect Personal Information; (4) categories of third parties with whom we disclosed or sold Personal Information; and (5) specific pieces of Personal Information we have collected about you during the past twelve months.

Right to Delete. Subject to certain exceptions, you may submit a verifiable request that we delete Personal Information about you that we have collected from you.

Verification. Requests for access to or deletion of Personal Information are subject to our ability to reasonably verify your identity in light of the information requested and pursuant to relevant CCPA requirements, limitations, and regulations. To verify your access or deletion request, please authenticate your identity by emailing us via our Contact Information section or use the form available at this site: https://privacyportal-cdn.onetrust.com/dsarwebform/fc981a2b-deff-4156-9ec9-80fa0704f5f5/31f895d9-a262-4184-81c0-7095b6ceaf00.html. We may verify your name, email address, and any other data elements about you to respond to your requests for access or deletion. 

Right to Opt Out. In some circumstances, you may opt out of the sale of your Personal Information. Click the “Do Not Sell My Info” link (https://privacyportal-cdn.onetrust.com/dsarwebform/fc981a2b-deff-4156-9ec9-80fa0704f5f5/31f895d9-a262-4184-81c0-7095b6ceaf00.html) to opt out of the sale of your Personal Information.

Right to Equal Service and Price. You have the right not to receive discriminatory treatment for the exercise of your CCPA privacy rights, subject to certain limitations.

Shine the Light. We do not share personal information with third parties for those third parties’ direct marketing purposes.

Submit Requests. To exercise your rights under the CCPA, please send an email via our Contact Information section or submit the form available here: https://privacyportal-cdn.onetrust.com/dsarwebform/fc981a2b-deff-4156-9ec9-80fa0704f5f5/31f895d9-a262-4184-81c0-7095b6ceaf00.html.

Authorizing an Agent. To authorize an agent to make a request on your behalf, please send a written authorization signed by you and the authorized agent to us via the Contact Information section.

DO NOT TRACK

There is no accepted standard on how to respond to Do Not Track signals, and we do not respond to such signals.

CONTACT INFORMATION

If you have any questions, comments, or concerns about this notice or our processing activities, or you would like to exercise your privacy rights, please email us at privacy@inogen.net or write to us at:

Inogen
301 Coromar Drive
Goleta CA, 93117 

Last Reviewed and Updated: 11/08/2022