By visiting our website or using our digital tools, you agree that your personal information will be handled as described in this Policy. Your use of our website or using our digital tools, and any dispute over privacy, is subject to this Policy and our Terms and Conditions of Use ("Terms"), including its applicable limitations on damages and the resolution of disputes. The Lofta Terms are incorporated by reference into this Policy.
Client ("Client" or "you") will refer to Lofta's existing clients or any website visitors or those who have registered to use the website or Virtual Care Platform
Lofta Physicians, PA ("Lofta PA") is a third-party medical professional association that has licensed the brand name of Lofta for use. Additionally, Lofta PA has licensed the use of the VC Platform to interact with their Patients. Lofta has no financial interest in Lofta PA and has no control over operational elements such as pricing decisions, physician selection, or licensing / compliance matters. Any relationship between a Lofta Client and a Physician working for Lofta PA is at the discretion or the Client. Lofta will work with any board-certified and licensed physician of the Client's choosing.
Lofta Digital Tools ("Lofta Digital Tools") is a collective term to refer to the group of digital tools develop by Lofta for use by Clients, Lofta, and others to convey information, communicate, and collaborate with each other. There are 4 primary Digital Tools referred to in this agreement:
Lofta Website ("Website" or "Site") refers to the main Lofta website with information about sleep health, obstructive sleep apnea, and treatment. This website is an informational tool and ecommerce site for Clients.
Lofta Virtual Care Platform ("Virtual Care Platform" or "VC Platform") is the telehealth platform Lofta has licensed and modified to facilitate improved communication between Clients, Independent Physicians, and Lofta employees and/or representatives. This is a HIPAA compliant video conferencing tool with medical information. Lofta does not provide medical care through this tool, but independent licensed healthcare professionals and physician groups can license the use of this tool to provide diagnostic service to Lofta Clients through this tool.
Lofta Mobile Application ("Mobile Application" or "Mobile App") refers to the mobile application associated with the Lofta VC Platform. This application may or may not share the Lofta brand name, but it is still covered under these Terms.
Lofta Daily Sleep Report Email ("Sleep Report") refers to the automated email system that generates information emails based on data transmitted from Client's CPAP devices.
This policy will refer primarily to the Lofta Website. The terms stated in this agreement also apply to the VC Platform, Mobile App and the Sleep Report, but those applications will also be subject to additional privacy terms. The Healthcare Providers you interact with through the VC Platform or Mobile App are required by the Health Insurance Portability and Accountability Act ("HIPAA") to describe their privacy practices in document called a Notice of Privacy Practices. You can access a copy of this notice on the VC Portal. Lofta is not party to this agreement.
As a Home Medical Device Retailer, Lofta is licensed in certain states to dispense durable medical equipment to facilitate the treatment of sleep disordered breathing ("SDB") as directed by a licensed physician. Lofta may provide through various means helpful information on sleep apnea, the use of CPAP devices, and other topics within its scope as an HMDR. The information shared by Lofta should never be construed as the practice of medicine. LOFTA DOES NOT PROVIDE PATIENT EVALUATIONS, DIAGNOSIS, CARE AND/OR TREATMENT. As a service to its clients and to create a comprehensive path, Lofta may facilitate an introduction between a licensed physician and its clients to establish an independent physician-patient relationship. Lofta shall not be a party to these relationships. Lofta should never be relied upon as a substitute for or resource in place of a licensed medical practitioner.
2. Information We Collect
In general, you can visit our Website without telling us who you are or revealing any personal information about yourself. However, you should be aware that sections of this Website (including restricted portions of this Website) that allow for the submission of personal information (referred to for convenience as "Registration Pages") contain a function for collecting various pieces of your personal information, including your name, address, email address, phone number(s), medical information, credit card or account information, company, industry, information about your interests in and use of various products, programs, and services, and any other information that you decide to provide us with. We only collect your personal information if you voluntarily submit the information to us for such purposes as registering for the use of certain services or restricted portions of this Website or other subscription websites operated by Lofta, completion of surveys, product or service purchases, or requests for information, products, or services. For your information, through certain technologies employed by this Website, we also collect non-personally identifiable information about you. For more details about this type of data collection, please refer to the section below on cookies.
To protect your security and privacy, we require that you or your legal representative (as opposed to a third party on your behalf) enter the personal information that we collect and that the information be current, although Lofta disclaims any legal duty to verify the accuracy of any personal data that you provide to Lofta beyond what may be required by law for the particular purpose for which the information is to be used. You are free to access the personal information we have on file by contacting our Customer Service department by phone at 800 698 8000. In addition, at any time you can request that we modify or delete your personal information by sending an email to us at firstname.lastname@example.org with the words "UPDATE MY INFORMATION" in the subject line. Please be aware that, to protect your security and privacy, Lofta may take reasonable steps to verify your identity prior to making changes to your personal information. For your information, please note that it is our practice to monitor and, in some cases, record calls for staff training and quality assurance purposes.
3. How We Use Your Information
Unless otherwise specified herein, Lofta reserves the right to compile, save, use within the scope of our activities, and analyze any and all data about you (contact and personal data, use history, etc.) that we collect from you through the Website. We use the personal information about you that you provide to us for our internal purposes, such as responding to your requests for information or materials, contacting you, conducting internal analyses such as surveys and market research, processing and completing orders, processing your payment, administering your account, and administering and developing our business relationship with you or the company you represent. We also use your personal information to communicate with you, for example, to provide you with administrative communications regarding your account, newsletters, press releases, or information or advertisements relating to products, offers, or programs that may be of interest to you. By submitting this personal information to us, including any medical information, you (or your legal representative on your behalf) consent to this use by Lofta. We will only send email, text or electronic messages to you if you have requested information from us or otherwise have agreed to receive such messages from us.
4. How We Share Your Information
Lofta has a general policy of not disclosing your personal information to third parties unless you have consented to such sharing. However, we may share the personal information about you that you provide to us with trusted companies we work with to provide services for us, such as sending out our newsletters, fulfilling orders you submit, or collecting and processing information on our behalf. These companies—our vendors—are contractually bound to use personal information that we share with them only to perform the services we have engaged them to provide. Other companies may collect and use information you provide to us to better understand the offers, promotions and types of advertising that are most appealing to our customers. After the information is collected by these third parties, it is aggregated so it is not personally identifiable or tied to you or any other user. If you would prefer that these companies not collect your information, please email email@example.com.
We may also share your personal information in the event that the business of Lofta is transferred to another entity by way of merger, sale of the company's assets or otherwise. If you consent to sharing of your personal information, we may share your information with Lofta related entities and selected third parties so that they may provide you with or contact you regarding information and materials that may be of interest to you. If you prefer that we do not share your information in this manner, please refer to the section below on opting in and out.
We may also collect and group demographic and preferences information, responses to surveys and other personal information that we collect from you into an aggregate, non-personally identifiable form for disclosure to our existing or potential business partners, affiliates, sponsors or other third parties. However, please be assured that this aggregate data will in no way personally identify you or any other visitors to the Website.
From time to time, we may collect general, non-personal statistical information about the use of the Website, such as how many visitors visit a specific page on the Website, how long they stay on that page and which hyperlinks, if any, they "click" on. We collect this information through the use of "cookies" and other tracking technologies, which are discussed in greater detail below in the section on cookies. We collect this information in order to determine which areas of the Website are most popular and to enhance the Website for visitors. As with other aggregated data, we may disclose such data to our existing or potential business partners, affiliates, sponsors or other third parties, but this aggregate data will in no way personally identify you or any other visitors to the Website.
Please note that under the laws of jurisdictions in which your personal information may be held or processed, including the United States, that information may be accessed by law enforcement authorities or the courts. If you would like to obtain information about our policies and practices with respect to processing of personal information in the United States, please contact us at the address set forth below.
Cookies. Cookies are alphanumeric identifiers that we transfer to your computer's hard drive through your web browser for record-keeping purposes. Some cookies allow us to make it easier for you to navigate our Website, while others are used to enable a faster log-in process or to allow us to track your activities at our Website. Most web browsers automatically accept cookies, but if you prefer, you can edit your browser options to block them in the future. The Help portion of the toolbar on most browsers will tell you how to prevent your computer from accepting new cookies, how to have the browser notify you when you receive a new cookie, or how to disable cookies altogether. Visitors to our Website who disable cookies will be able to browse public areas of the Website, but some functionality may be disabled.
Clear GIFs (a.k.a. web beacons, web bugs or pixel tags). Clear GIFs are tiny graphics with a unique identifier, similar in function to cookies. In contrast to cookies, which are stored on your computer's hard drive, clear GIFs are embedded invisibly on web pages. We may use clear GIFs (in connection with our Site to, among other things, track the activities of Site visitors, help us manage content, and compile statistics about Website usage. We and our third party service providers also use clear GIFs in HTML e-mails to our customers, to help us track e-mail response rates, identify when our e-mails are viewed, and track whether our e-mails are forwarded.
6. Children's Information and COPPA
We do not knowingly collect personal information from children. The content of our Website is not intended for, or directed to, children. If you are under 18 years of age, then please do not use or access our Website at any time or in any manner.
7. Opting In and Out
When you submit personal information to us through the Registration Pages on this Website, you may be given an opportunity to opt in to receiving additional information from Lofta, Lofta-related entities, and/or selected third parties at the time of submitting your personal information to us. If you opt in, you may be added to our list of users who will receive promotional and marketing communications from us, our partners and/or other third parties. If you initially opt in to receiving such communications and you later decide that you no longer want to receive them, you may opt out of receiving promotional and marketing communications from us and/or our partners and other third parties by contacting us at firstname.lastname@example.org.
8. Third-Party Links
Our Website may contain links to third-party websites. Any access to and use of such linked websites is not governed by this Policy, but instead is governed by the privacy policies of those third party websites. We are not responsible for the information practices of such third party websites.
9. Client Health Information
The privacy and security of Client's individually identifiable health information provided to Lofta in connection with this Website may be protected by federal law (HIPAA, the HITECH Act, and their regulations) and state privacy laws, because Lofta provides products (e.g. CPAP equipment and supplies) at the direction of healthcare professionals. This health information is "protected health information" ("PHI"). PHI may be used and disclosed by Lofta as necessary to provide products and services, for our own management and operations, to meet our legal obligations, and for any other purpose for which you have given consent. We may share PHI with third parties for these purposes in compliance with applicable law. We may de-identify PHI and aggregate it for purposes of monitoring and improving our products and services, for benchmarking purposes, and to provide customized services or technologies our clients.
10. Security of Personal Information
Lofta has implemented reasonable technical, physical, administrative, and organizational safeguards to protect the information we collect from loss, misuse, and unauthorized access, disclosure, alteration, and destruction. Please be aware that despite our efforts, no data security measures can guarantee 100% security. You should take steps to protect against unauthorized access to your password, phone, and computer by, among other things, signing off after using a shared computer, choosing a robust password that nobody else knows or can easily guess, and keeping your log-in and password private. We are not responsible for any lost, stolen, or compromised passwords or for any activity on your account via unauthorized password activity.
Access to Personal Information
You may modify registration information that you have submitted by logging into your account and updating your profile information. Please note that copies of information that you have updated, modified or deleted may remain viewable in cached and archived pages of the Site for a period of time.
11. Your California Privacy Rights
California Civil Code Section § 1798.83 permits users of our Website 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, please send an email to email@example.com or write us at: Lofta, PO Box 1123, La Jolla, California 92038.
13. Contacting Lofta
PO Box 1123
La Jolla, California 92038
with a copy to firstname.lastname@example.org or call us at (800) 698-8000.