Consumer Health Data Privacy Policy

This Health Data Policy applies to information defined and regulated as “consumer health data” by the Washington My Health My Data Act and the Nevada Consumer Health Data Privacy Law, (each, as applicable, an “MHMD Act”) and the Connecticut Data Privacy Act (“CTDPA”) that is collected from you by Mamava, Inc. d/b/a Ava Pods (“Ava Pods”, “we,” “us,” or “our”) through your use of our Services and Spaces. 

This Health Data Policy supplements the Ava Pods Privacy Policy (available at: https://www.avapods.com/privacy-policy). Capitalized terms used but not defined in this Health Data Policy shall have the meanings set forth in the Ava Pods Privacy Policy. In the event of a conflict between any other public-facing policy, statement, or notice posted by Ava Pods and this Health Data Policy, this Health Data Policy will prevail with respect to consumer health data collected under the MHMD Acts and the CTDPA. 

“Consumer health data” means personal information that is linked or reasonably linkable to a consumer and that identifies a consumer’s past, present, or future physical or mental health status, condition, or diagnosis, and includes without limitation consumer health data as defined in the MHMD Acts and/or the CTDPA. As used in this Health Data Policy, “processing” (including grammatically inflected forms thereof) has the meaning ascribed to such term in the applicable MHMD Act and/or the CTDPA, as applicable.

For the avoidance of doubt this Health Data Policy shall only apply to you to the extent: (1) we are a regulated entity under the MHMD Acts or a consumer health data controller under the CTDPA; (2) you are an individual (i) whose consumer health data is collected in Washington or Nevada, or (ii) who resides in Washington, Nevada, or Connecticut; and (3) our processing of your consumer health data is regulated by the MHMD Acts and/or the CTDPA. 

1. What consumer health data do we collect
   

As described in the Ava Pods Privacy Policy, the information we collect depends on the context of your interactions with us, the choices you make, and the tools and features you use. Because consumer health data is defined broadly, certain of the categories of information that you choose to share with us or that we collect through your use of the Services and Spaces, could also be considered consumer health data, which may include without limitation:

• breastfeeding status;
• survey responses (including details regarding your breastfeeding experience);
• products you purchase;
• the frequency and scope of your use of the Services;
• the duration of your sessions;
• your geolocation (if you choose to share it);
• nearby lactation Spaces;
• favorite lactation Spaces; 
• usage information, including the location of the Spaces accessed by you, whether you are using our Applications, user ID (if using our Applications) or guest status, number of uses by Space, the start/end time of your usage, the length of your usage, and Spaces you have reserved and reservation start time;
• other information you choose to share with us; and 
• any other information described in the Ava Pods Privacy Policy that we can use to associate you with the foregoing categories of information.

The categories of consumer health data we may collect could include:

1. Individual health status;
2. Bodily functions, vital signs, symptoms, or measurements relating to consumer health data; 
3. Reproductive or sexual health information; or 

4. Consumer health data that is derived or extrapolated from non-health information.

   
   

To the extent we consider Deidentified Data (as defined below) outside the scope of the MHMD Acts and the CTDPA because it is not identifiable, then, to the extent required by the MHMD Acts and the CTDPA, Ava Pods hereby publicly commits to process Deidentified Data in its possession only in a de-identified fashion and not attempt to re-identify such Deidentified Data. “Deidentified Data” means data that cannot reasonably be used to infer information about, and that cannot reasonably be linked to, an identified individual or an identifiable individual, or to a device linked to such individual.

2. What are the sources from which we collect consumer health data
   

We may collect the categories of consumer health data set out in Section 1 of this Health Data Policy from the following categories of sources (and as further described in Section 2 of the Ava Pods Privacy Policy): 

1. When you submit to consumer health data to us (including when you register an account with Ava Pods); 
2. When you access the Spaces via our Applications; or
3. When you use our Applications.
   

In addition, when users use our Services and Spaces, third parties (including without limitation third-party analytics service providers and commercial partners) may directly collect information about our users’ online activities over time and across different websites.

3. How does Ava Pods process consumer health data

We may process the categories of consumer health data set out in Section 1 of this Health Data Policy for the following purposes (and as further described in Section 3 of the Ava Pods Privacy Policy): 

1. to provide you with the Services. For example, Ava Pods may use your location information and/or search query history to assist you in locating Spaces.
2. to provide you with support and handle requests and complaints.
3. to send you updates, notices, announcements, and additional information related to the Services.
4. if you opt to receive push notifications through the Applications, to facilitate your use of the Services and/or to send you surveys. 
5. to help us improve the Service, understand its users and their preferences, and to market our products and services.
6. to create aggregated, pseudonymous or anonymous data (where such data does not enable the identification of a specific user). Please see Section 8 of the Ava Pods Privacy Policy for more information.
7. perform analytics and conduct customer research.
8. communicate and provide additional information that may be of interest to you about Ava Pods.
9. Administer rewards, surveys, sweepstakes, contests, or other promotional activities or events sponsored by Ava Pods or Ava Pods’ business partners.
10. to analyze trends, to monitor the use of the Services, and to gather general demographic information. We may link this information to other information about you for these and other purposes such as personalizing your experience on the Services and evaluating the Services in general.

11. to process your transactions and fulfill orders placed through the Services.

    
    

Please note that we do not sell consumer health data. 

4. When is your consumer health data disclosed to third parties

We may disclose the categories of consumer health data set out in Section 1 of this Health Data Policy to the following categories of third parties (and as further described in Section 5 of the Ava Pods Privacy Policy): 

1. to Outside Contractors for facilitating the Spaces and Services, including to collect, hold and manage your consumer health data through cloud-based or hosting services or a third party or a party affiliated or connected to Ava Pods; and 
2. to professional advisors, such as lawyers, auditors, bankers and insurers, where necessary in the course of the professional services that they render to us.

We may also disclose your consumer health data if we believe in good faith that we are required to do so in order to comply with an applicable statute, regulation, rule or law, a subpoena, a search warrant, a court or regulatory order, lawful requests by public authorities, including to meet national security or law enforcement requirements, or other valid legal process.

We reserve the right to transfer consumer health data to a third party if Ava Pods organizes the operation of the Services and/or Spaces within a different framework, or through another legal structure or entity, if Ava Pods is acquired by, or merged into or with another entity, in connection with a strategic investment by a third party in Ava Pods, or if Ava Pods enters bankruptcy.

5. What are your rights with respect to consumer health data
   

Under the applicable MHMD Act and/or the CTDPA, under certain circumstances, you may have rights with respect to consumer health data, including:

1. to confirm whether we are collecting or sharing consumer health data concerning you;
2. to access consumer health data we may hold about you, including receiving a list of the categories of third parties and affiliates (except to the extent a list of specific third parties and affiliates is required to be provided pursuant to the applicable MHMD Act) with whom we have shared your consumer health data and an active email address or other online mechanism that you may use to contact these third parties;
3. to request that we cease collecting or sharing your consumer health data;
4. to the extent we are processing your consumer health data on the basis of your consent, to withdraw your consent to our collection and/or sharing of your consumer health data; 
5. to request the deletion of the consumer health data we hold about you;
6. to obtain a copy of your consumer health data, in a portable and, to the extent technically feasible, readily usable format that allows you to transmit the data to another controller without hindrance;
7. to opt-out of consumer health data processing for targeted advertising (if applicable);
8. to correct inaccuracies in your consumer health data, taking into account the consumer health data’s nature and processing purpose; and
9. to opt-out of profiling in furtherance of decisions that produce legal or similarly significant effects (if applicable). 

We will not discriminate against you for exercising any of your rights. You may exercise any of your rights by contacting us in accordance with Section 7 of this Health Data Policy. We may need to authenticate your request and will process it as required by applicable law.

To the extent we deny your request, you may appeal that decision by sending us a further communication in accordance with Section 7 of this Health Data Policy.

If your appeal is unsuccessful, you may have the right to file a complaint with the relevant government body in your state, including:

• Washington State Attorney General at www.atg.wa.gov/file-complaint;
• Nevada State Attorney General at https://ag.nv.gov/Complaints/File_Complaint/; or
• Connecticut State Attorney General at https://portal.ct.gov/ag/common/complaint-form-landing-page.

Pursuant to the requirements of MHMD Acts (where applicable), we will respond to your privacy requests free of charge up to twice annually. Pursuant to the requirements of the CTDPA (where applicable), we will respond to your privacy requests free of charge once annually. Notwithstanding the foregoing, if your requests are manifestly unfounded, excessive, or repetitive, we may charge a reasonable fee to cover the administrative costs of complying with the request or decline to act on the request.

6. How will you know if there are changes to this policy

We may revise this Health Data Policy from time to time. If we make material changes to this Health Data Policy, we will allow you to “opt in” to such changes to the extent such changes affect consumer health data collected by us prior to publishing such changes. We encourage you to check this page periodically for any changes.

7. How can you contact us

If you have any questions or comments regarding this Health Data Policy please contact Ava Pods at [email protected] or by physical mail at:

Attn: Privacy 

Mamava, Inc. d/b/a Ava Pods

50 Lakeside Avenue, PMB #101  

Burlington, VT 05401 

If you would like to submit a request regarding your personal information held by Ava Pods, please visit https://www.avapods.com/personal-data-request and fill out the form on the page.