DJO

MOTION iQ® - DJO® Privacy Policy

Last Updated: August 30, 2021

DJO Global, Inc. and its affiliates and subsidiaries (collectively, “DJO”) respect your privacy and are committed to protecting it in the manner described further below.

This policy below relates to the DJO® Motion iQ® App (the “App”). The App is a mobile application and web-based patient engagement software solution that enables personalized communication with patients during the patient’s episode of health care, both pre-operatively and post-operatively. The App also includes physical therapy exercises for patients to access through the App. In addition, the App is integrated with DJO’s smart braces that enables your health care provider to remotely review patient motion data and track patient recovery progress.

How We Collect, Use and Retain Personal Information

When we use the term "Personal Information," we mean information that can be used to identify you as an individual person, relates to you, describes you, is reasonably capable of being associated with, or could reasonably be linked, directly or indirectly, with you or your household. We do not consider Personal Information to include information that has been de-identified so that it does not allow a third party to easily identify a specific individual. We collect several categories of Personal Information through our Services, including information you provide, information collected automatically from your device, and information we obtain from third party sources. We use and share this Personal Information for the purposes described below, including as described under Additional Uses of Personal Information. We rely on separate and overlapping bases to process your Personal Information lawfully. By way of example only, it may be necessary for us to process your Personal Information in certain ways in order to process a transaction you have requested or otherwise in accordance with a contract between us, or in certain cases we may process your Personal Information where necessary to further our legitimate interests, where those legitimate interests are not overridden by your rights and interests.

Data Retention

We will retain your Personal Information for as long as is necessary for the purposes set out in this Privacy Policy, unless a longer period is required under applicable law or is needed to resolve disputes or protect our legal rights, all in accordance with the principles set forth in Article 5(1) of the GDPR. Where we are processing Personal Information based on our legitimate interests, we generally will retain such information for a reasonable period based on the particular interest, taking into account the fundamental interests and the rights and freedoms of data subjects. Where we are processing Personal Information based on your consent, we generally will retain the information for the period of time necessary to fulfill the underlying agreement with you, subject to your right, under certain circumstances, to have certain of your Personal Information erased (please see the Your Rights section below). Where we are processing Personal Information based on contract, we generally will retain the information for the duration of the contract plus some additional limited period of time that is necessary to comply with law or that represents the statute of limitations for legal claims that could arise from the contractual relationship. In addition, we may face threat of legal claim and in that case, we may need to apply a "legal hold" that retains information beyond our typical retention period. In that case, we will retain the information until the hold is removed, which typically means the claim or threat of claim has been resolved.

General

By downloading or using this App, you consent and agree to this Motion iQ - DJO Privacy Policy (“Motion iQ Privacy Policy”), DJO’s Notice of Privacy Practices that is located at https://www.djoglobal.com/corporate-info/compliance/hipaa, DJO’s Privacy Policy that is located at https://www.djoglobal.com/privacy-policy (“DJO’s Privacy Policy”), and the Terms of Use that accompany the App.

DJO’s Privacy Policy describes how DJO collects, uses and shares the personal information that DJO gathers through the websites, mobile apps (such as this App), platforms, and other digital properties that are owned and operated by DJO and/or its program partners. Please check this page and DJO’s Privacy Policy for updates. We shall deem your continued use of the App to constitute your acceptance of any modifications to this page or DJO’s Privacy Policy. Further, by using the App, you acknowledge that you shall regularly visit this page and DJO’s Privacy Policy to familiarize yourself with any updates.

If you do not want DJO to use your personal information in the manner described in this Motion iQ Privacy Policy, DJO’s Notice of Privacy Practices, and DJO’s Privacy Policy, please do not download or use the App.

When you use the App, DJO, its program partners, and your health care provider will have access to your healthcare related data that is digitally received by or entered into the App as well as such health care related data that is transmitted through the App. Your health care provider’s use of your data will be subject to your health care provider’s Notice of Privacy Practices. We encourage you to read and understand your health care provider’s Notice of Privacy Practices. If you do not agree with your health care provider’s Notice of Privacy Practices, do not use the App.

To the extent you received your smart brace through a third party, DJO will be acting in the capacity of a Business Associate (as defined by HIPAA 45 CFR § 160.103) of your health care provider when DJO uses your data. When DJO uses your data to provide products or services to or on behalf of your health care provider, DJO’s use of your data is subject to DJO’s obligations as a Business Associate under 45 CFR § 164.502. This applies, for example, when your data is collected in the App and transmitted to your health care provider.

If you have any questions, comments, requests or concerns about DJO’s Privacy Policy or other privacy-related matters, you may contact DJO at the e-mail address or mailing address indicated in DJO’s Privacy Policy located at https://www.djoglobal.com/privacy-policy.