Last modified: March 7, 2025
\nIntroduction
\nBLACKSTONE MEDICAL SERVICES, LLC (the “Company” or “We”) respects your privacy
\nand is committed to protecting it through our compliance with this privacy policy (the \u201cPolicy\u201d).
\nThe Policy should be read in connection with the Sleep Health Application End User License
\nAgreement (the \u201cEULA\u201d), HIPAA Privacy Practices Policy, Medical Benefits Assignment, any
\napplicable delivery ticket(s), and any terms and conditions or terms of use applicable to the
\nBlackstone Medical Services Sleep Health Application (the “App”), the Company\u2019s website (the
\n\u201cWebsite\u201d), and any other applications or websites of the Company used or accessed by you in
\nconnection with the home sleep study (the \u201cServices\u201d).
\nThis Policy describes:
\n\u00b7 The types of information we may collect or that you may provide when you download,
\naccess, register with, or use the App.
\n\u00b7 Our practices for collecting, using, maintaining, protecting, and disclosing that
\ninformation.
\nThis policy applies only to information we collect in the App and in email, text, and other
\nelectronic communications sent through or in connection with the App.
\nThis Policy DOES NOT apply to information that:
\n\u00b7 We collect offline or on any other Company applications or websites which are not
\notherwise intended to be used or accessed in connection with the Services.
\n\u00b7 You provide to or is collected by any third party.
\nOur websites and applications, and other third parties, may have their own privacy policies,
\nwhich we encourage you to read before providing information on or through them.
\nPlease read the Policy carefully to understand our policies and practices regarding your
\ninformation and how we will treat it. If you do not agree with our policies and practices, do not
\ndownload, register with, or use this App.
\nBY CLICKING \u201cI AGREE\u201d OR OTHERWISE INDICATING YOUR CONSENT WHEN
\nPROMPTED TO DO SO BY THE APP OR BY USING THE WEBSITE IN CONNECTION
\nWITH THE SERVICES, YOU AGREE TO THIS POLICY.
\nThis Policy may change from time to time in the sole discretion of the Company, in accordance
\nwith the terms set forth herein. Your continued use of this App after we revise the Policy means
\nyou accept those changes, so please check the Policy periodically for updates.
\nChildren Under the Age of 18
\nThe Services are not intended for children under eighteen (18) years of age, and we do not
\nknowingly collect Personal Health Information (as defined below) from children under eighteen
\n(18). If we learn we have collected or received Personal Health Information from a child under
\neighteen (18) without verification of parental consent, we will promptly delete such information.<\/p>\n
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If you believe we might have any information from or about a child under eighteen (18), please
\ncontact us using the contact information below.
\nInformation We Collect and How We Collect It
\nWe collect information from and about users of our App:
\n\u00b7 Directly from you when you provide it to us.
\n\u00b7 Automatically when you use the App.
\n\u00b7 When you authorize us to receive your information from third parties.<\/p>\n
Information You Provide to Us
\nWhen you download, register with, or use this App, we may ask you provide information:
\n\u00b7 By which you may be personally identified (\u201cPII\u201d), such as:
\n\u00b7 Personal Identifiers (such as your name, postal address, email address, telephone
\nnumber, social security number)
\n\u00b7 Personal Information Categories, as listed in Cal. Civ. Code Sec. 1798.80(e)
\n(including but not limited to your name, driver\u2019s license number, insurance policy
\nnumber, or other information which may overlap with other categories of information
\ncollected, as set forth in this policy)
\n\u00b7 Protected Classification Characteristics, as protected under state or federal law
\n(including but not limited to age, race, sex, medical conditions, physical or mental
\ndisability)
\n\u00b7 Commercial Information (such as records of products\/services purchased, obtained or
\nconsidered, or other purchasing or consuming histories or tendencies)
\n\u00b7 Biometric Information (including genetic, physiological, behavioral, and biological
\ncharacteristics, or activity patterns used to extract a template or other identifier or
\nidentifying information, such as, fingerprints, faceprints, and voiceprints, iris or retina
\nscans, keystroke, gait, or other physical patterns, and sleep, health, or exercise data)
\n\u00b7 Internet or Network Activity (browsing history, search history, information on your
\ninteraction with a website, application, or advertisement)
\n\u00b7 Geological Data (such as your physical location or movements)
\n\u00b7 Sensory Data (audio, electronic, visual, thermal, olfactory, or similar information)
\n\u00b7 Professional or Employment Related Information (occupation)
\n\u00b7 Inferences Drawn from PII (profile reflecting a person\u2019s preferences, characteristics,
\npsychological trends, predispositions, behavior, attitudes, intelligence, abilities, and
\naptitudes)
\n\u00b7 Information related to your medical history, including information, whether oral or
\nrecorded in any form or medium that is created or received by a health care provider,<\/p>\n
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health plan, public health authority, employer, life insurer, school or university, or
\nhealth care clearinghouse and relates to the past, present, or future physical or mental
\nhealth or condition of an individual, the provision of health care to an individual, or
\nthe past, present, or future payment for the provision of health care to an individual,
\nor any other information that is considered \u201cprotected health information\u201d under
\ncertain state laws and federal laws such as HIPAA and HITECH (collectively,
\n\u201cPersonal Health Information\u201d or \u201cPHI\u201d).
\n\u00b7 That is about you but individually does not identify you.
\nThis information includes information that you provide:
\n\u00b7 By filling in forms or responding to prompts for information in the App. This includes
\ninformation provided at the time of registering to use the App and\/or subscribing to or
\nelecting to participate in any of our services, including requesting further services.
\n\u00b7 Upon reporting a problem with the App.
\n\u00b7 In correspondence with us. We may retain records and copies of your correspondence
\n(including email addresses and phone numbers), if you contact us.
\n\u00b7 By responding to surveys or questionnaires that we might ask you to complete for
\nresearch, customer satisfaction, or other purposes.
\n\u00b7 By responding to bill pay notifications. You may be required to provide financial
\ninformation to our payment processor, at which time, the terms of service of such
\npayment processor will be provided.
\nWe abide by the following principles with respect to your information:
\n\uf0b7 The Company will not collect any more PII than is considered necessary for the purposes
\ncollected
\n\uf0b7 PII is used for the specific purposes set forth in this Policy
\n\uf0b7 PII is not stored longer than is deemed necessary
\n\uf0b7 PII is not shared with any third parties except as provided in this Policy
\n\uf0b7 The Company will abide by any applicable law and\/or Business Associate Agreement
\nwith respect to your PHI, notwithstanding this Policy<\/p>\n
Automatic Information Collection and Tracking
\nWhen you download, access, and use the App, it may use technology to automatically collect
\ninformation about your interaction with and use of the App or Website, including:
\n\u00b7 Usage Details. When you access and use the App, we may automatically collect certain
\ndetails of your access to and use of the App, including traffic data, location data, logs,
\nand other communication data and the resources or features that you access and use on or
\nthrough the App.<\/p>\n
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\u00b7 Device Information. We may collect information about your mobile device and internet
\nconnection, including the device’s unique device identifier, IP address, operating system,
\nbrowser type, mobile network information, and the device’s telephone number.
\n\u00b7 Location Information. This App collects real-time information about the location of
\nyour device.
\n\u00b7 Stored Information and Files. The App also may access metadata and other information
\nassociated with other files stored on your device. This may include, for example,
\nphotographs, audio and video clips, and similar information.
\n\u00b7 Behavioral Tracking. The App may use technologies to collect information about your
\nactivities over time and across third-party websites, apps, or other online services.
\n\u00b7 Security. Certain data collection may be used to protect you and us and to detect any
\nviolations of this Policy or the Agreement.
\n\u00b7 Performance. The App may use technologies to ensure optimal use of the Services and
\nthe App or Website.
\nIF YOU DO NOT WANT US TO COLLECT THIS INFORMATION DO NOT DOWNLOAD
\nTHE APP OR DELETE IT FROM YOUR DEVICE.
\nWe do not control third parties’ collection or use of your information to serve interest-based
\nadvertising. However, these third parties may provide you with ways to choose not to have your
\ninformation collected or used in this way. You can opt out of receiving targeted ads from
\nmembers of the Network Advertising Initiative (“NAI”) on the NAI’s website, located at
\nhttps:\/\/optout.networkadvertising.org\/?c=1.<\/p>\n
Information Collection and Tracking Technologies
\nThe technologies we use for automatic information collection may include:
\n\u00b7 Cookies. A cookie is a small file placed on your smartphone. It may be possible to refuse
\nto accept mobile cookies by activating the appropriate setting on your smartphone.
\nHowever, if you select this setting you may be unable to access certain parts of our App.
\n\u00b7 Web Beacons. Pages of the App and our emails may contain small electronic files known
\nas web beacons that permit the Company, for example, to count users who have visited
\nthose pages or opened an email and for other related app statistics (for example,
\nrecording the popularity of certain content and verifying system and server integrity).<\/p>\n
Third-Party Information Collection
\nWhen you use the App or its content, certain third parties may use automatic information
\ncollection technologies to collect information about you or your device. These third parties may
\ninclude:
\n\u00b7 Analytics companies.
\n\u00b7 Your mobile device manufacturer.<\/p>\n
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\u00b7 Your mobile service provider.
\n\u00b7 Advertisers, ad networks, or ad servers.
\nThese third parties may use tracking technologies to collect information about you when you use
\nthis App. The information they collect may be associated with your Personal Health Information
\nor they may collect information, including Personal Health Information, about your online
\nactivities over time and across different websites, apps, and other online services websites. They
\nmay use this information to provide you with interest-based (behavioral) advertising or other
\ntargeted content.
\nWe do not control these third parties’ tracking technologies or how they may be used. If you have
\nany questions about an advertisement or other targeted content, you should contact the
\nresponsible provider directly.<\/p>\n
How We Use Your Information
\nWe may use information that we collect about you or that you provide to us, including any
\nPersonal Health Information, to:
\n\u00b7 Provide you with the Services, and any other information, products or services that you
\nrequest from us.
\n\u00b7 Fulfill any other purpose for which you provide it.
\n\u00b7 Give you notices about your account\/subscription, including expiration and renewal
\nnotices, as applicable.
\n\u00b7 Carry out our obligations and enforce our rights arising from any contracts entered into
\nbetween you and us, including for billing and collection.
\n\u00b7 Notify you when App updates are available, and of changes to any products or services
\nwe offer or provide though it.
\n\u00b7 Notify you of any updates to our policies and terms of service, as applicable.
\nThe usage information we collect helps us to improve our Services and to deliver a better and
\nmore personalized experience by enabling us to:
\n\u00b7 Estimate our audience size and usage patterns.
\n\u00b7 Store information about your preferences, allowing us to customize our App according to
\nyour individual interests.
\n\u00b7 Speed up your searches.
\n\u00b7 Recognize you when you use the App.
\nWe may use location information we collect to provide you information in connection with use
\nof the Services, such as identifying the nearest courier for purposes of shipping the home sleep
\ntest device.
\nWe may use your information to contact you about other goods and services we offer that may
\nbe of interest to you.<\/p>\n
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We may use the information we collect to display advertisements to our advertisers’ target
\naudiences. Even though we do not disclose your Personal Health Information for these purposes
\nwithout your consent, if you click on or otherwise interact with an advertisement, the advertiser
\nmay assume that you meet its target criteria.<\/p>\n
Disclosure of Your Information
\nWe may disclose aggregated information about our users, and information that does not identify
\nany individual or device, without restriction.
\nSUBJECT TO APPLICABLE STATE AND FEDERAL LAW, INCLUDING BUT NOT
\nLIMITED TO OUR OBLIGATIONS UNDER HIPAA AND HITECH, WE MAY LICENSE,
\nSELL, OR OTHERWISE SHARE AGGREGATED, DE-IDENTIFIED VERSIONS OF YOUR
\nPHI AND OTHER DATA (\u201cDEIDENTIFIED INFORMATION\u201d) WITH OUR
\nSUBSIDIARIES, AFFILIATES, PARTNERS, CUSTOMERS, INVESTORS, AND
\nCONTRACTORS FOR ANY PURPOSE. YOU AGREE AND ACKNOWLEDGE THAT
\nCOMPANY IS THE SOLE AND EXCLUSIVE OWNER OF ANY DEIDENTIFIED
\nINFORMATION CREATED BY COMPANY AND THAT YOU HAVE NO OWNERSHIP OR
\nOTHER INTELLECTUAL PROPERTY RIGHTS IN OR TO SUCH DEIDENTIFIED
\nINFORMATION.
\nIn addition, we may receive or disclose other information, including Personal Health
\nInformation, that we collect or you provide:
\n\u00b7 To your physician and insurance carrier, as applicable.
\n\u00b7 To our subsidiaries and affiliates who are bound by contractual obligations to keep PHI
\nand other information confidential and use it only for the purposes for which we disclose
\nit to them.
\n\u00b7 To contractors, service providers, and other third parties we use to support our business
\nand provide the services, including durable MyCardio, LLC and medical equipment
\nproviders and who are bound by contractual obligations to keep PHI and other
\ninformation confidential and use it only for the purposes for which we disclose it to them.
\n\u00b7 To our third-party payment provider, as applicable.
\n\u00b7 To a buyer or other successor in the event of a merger, divestiture, restructuring,
\nreorganization, dissolution, or other sale or transfer of some or all of the Company’s
\nassets, whether as a going concern or as part of bankruptcy, liquidation, or similar
\nproceeding, in which Personal Health Information held by the Company about our App
\nusers is among the assets transferred.
\n\u00b7 To fulfill the purpose for which you provide it.
\n\u00b7 For any other purpose disclosed by us when you provide the information.
\n\u00b7 With your consent.
\n\u00b7 To comply with any court order, law, or legal process, including to respond to any
\ngovernment or regulatory request.<\/p>\n
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\u00b7 To enforce our rights arising from any contracts entered into between you and us,
\nincluding the EULA, and for billing and collection.
\n\u00b7 If we believe disclosure is necessary or appropriate to protect the rights, property, or
\nsafety of the Company our customers or others. This includes exchanging information
\nwith other companies and organizations for the purposes of fraud protection and data
\nsecurity.<\/p>\n
Accessing and Updating Your Personal Health Information
\nYou can review and change your PHI or other information by logging into the App and visiting
\nyour account profile page. We cannot change your PHI or other information nor can we delete
\nyour PHI or other information except by also deleting your user account. We may deny access to
\nyour PHI or Personal Health Information when required by law or if we believe such access
\nwould cause the PHI or other information of a third party to be revealed.
\nYou may also contact us to request access to, correct, or delete any Personal Health Information
\nthat you have provided to us; provided, however that certain information we may not be able to
\ndelete without deleting your account. We may not accommodate a request to change information
\nif we believe the change would violate any law or legal requirement or cause the information to
\nbe incorrect.<\/p>\n
Data Security
\nWe have implemented measures designed to secure your Personal Health Information and other
\ninformation from accidental loss and from unauthorized access, use, alteration, and disclosure.
\nInformation you provide to us is stored on our secure database and all medical records are
\nencrypted.
\nThe safety and security of your information also depends on you. Where we have given you (or
\nwhere you have chosen) a password for access to certain parts of our App, you are responsible
\nfor keeping this password confidential. We ask you not to share your password with anyone.
\nUnfortunately, the transmission of information via the internet and mobile platforms is not
\ncompletely secure. Although we do our best to protect your Personal Health Information, we
\ncannot guarantee the security of your Personal Health Information transmitted through our App.
\nAny transmission of Personal Health Information is at your own risk. We are not responsible for
\ncircumvention of any privacy settings or security measures we provide.<\/p>\n
Changes to Our Privacy Policy
\nWe may update this Policy from time to time. If we make material changes to how we treat our
\nusers’ Personal Health Information, we will post the new privacy policy on this page with a
\nnotice that the Policy has been updated.
\nThe date the privacy policy was last revised is identified at the top of the page. You are
\nresponsible for periodically visiting this privacy policy to check for any changes.<\/p>\n
Contact Consent.
\nBy clicking Select, Agree or logging into the Blackstone SleepHealth (Android\/iOS) or Blackstone Sleep (iOS) app, I am providing my express written consent to permit Blackstone Medical Services, staff, contractors and subsidiaries, to contact me by telephone, email or text (SMS Messages), including through automated technology.<\/p>\n
SMS Messaging
\nYou are able to sign up for SMS messages \u2013 please note that messaging frequency will vary,
\nand message and data rates may apply. You can text HELP for help, or STOP to stop at any time.
\nThe phone number and SMS consent obtained for the purpose of SMS is not shared with third parties for marketing purposes.<\/p>\n
SMS Terms of Service<\/p>\n
By opting into SMS from a web form or other medium, you are agreeing to receive SMS messages from Blackstone Medical Services. This includes SMS messages for appointment scheduling, appointment reminders, post-visit instructions, lab notifications, and billing notifications. Message frequency varies. Message and data rates may apply. See privacy policy at https:\/\/www.wpt-ydlv.199-250-204-138.cpanel.site\/privacy-policy-2\/<\/a> Message HELP for help. Reply STOP to any message to opt out.<\/p>\n 8<\/p>\n Links \/ URL\u2019s <\/p>\n Contact Information 1-888-710-2727 or email us at: \u00a0customersupport@blackstonemedicalservices.com<\/a><\/p>\n
\n\uf0b7 Sleep Health Application End User License Agreement<\/a>
\n\uf0b7 HIPAA Privacy Practices Policy<\/a>
\n\uf0b7 Medical Benefits Assignment<\/a>
\n\uf0b7 HIPAA Marketing Authorization<\/a><\/p>\n
\nTo ask questions or comment about the Policy and our privacy practices, contact us at:<\/p>\n