If you have a request concerning your medical records, please visit our data subject request portal here.

Version Effective date: November 9, 2020

Introduction

Your privacy is important to us at Nevro Corp. and its affiliates (collectively, “Nevro”, “we” or “us”), and so is being transparent about our data protection practices. This Privacy Notice (“Notice”) applies to the information we collect through our Nevro.com, HF10.com, HFXforPDN.com, and other websites on which we post a direct link to this Notice (“Site” or “Sites”), and the information we collect in connection with the provision of our products and services (collectively “Services”). This Notice describes the types of information we collect, the purposes for which it is used, and the choices you have with respect how we use your data. We encourage you to read this Notice to understand our privacy practices before using our Services.

If you are a California resident and would like to exercise your California privacy rights, please see our California Consumer Privacy Act Notice below.

Click on one of the links below to jump to the listed section:

• About Nevro
• Information we collect
• How we use information
• How we share information
• How we store and secure information
• Your choices and rights
• How we transfer information we collect internationally
• Other important privacy information
• Contact Us
• California Consumer Privacy Act (CCPA) Notice
• Nevro HFX App Policy

Exercising Your California Privacy Rights

You may exercise each right once every twelve (12) months. To exercise your rights under the CCPA, you must submit a verifiable consumer request. To submit a verifiable request, please submit a consumer request through our webform.
Alternatively, you can submit your request by phone at 1.888.956.3876.

To help protect your privacy and maintain security, we take steps to verify your identity before granting you access to your information. To verify your identity to make the request and confirm the personal information relates to you, we will ask you to accurately provide for at least four (4) unique identifiers or submit a completed a notarized medical record request form.  You may download a medical records request form as part of the records request process.

Designated Authorized Agent

You may designate an individual, who is registered with the California Secretary of State to act on your behalf, to submit a verifiable consumer request relating to your personal information. Authorized agents must additionally provide documentation of their designation, such as a notarized medical records request form (available for download here) or power of attorney.
We cannot respond to your request if we cannot verify your identity and/or authority to make the request on behalf of another and confirm the personal information relates to you. Making a verifiable consumer request does not require you to create an account with us. We will only use personal information provided in a verifiable consumer request to verify the requestor’s identity or authority to make the request.

Response Timing and Format

We will respond to your verifiable consumer request within forty-five (45) days from the date we receive it. In some cases, we may require additional time to complete your request and will inform you if additional time is needed. Where additional time is needed, we may take up to a maximum of ninety (90) additional days to complete your request.

Financial Incentives

Nevro does not offer financial incentives or price or service differences in exchange for the retention or sale of
personal information.

Questions

If you have questions about this CCPA Notice, please contact us.

App Policy

Version Effective date: October 25, 2022

NEVRO HFX iQ PATIENT APPLICATION

Terms of Use (United States only)

PLEASE READ CAREFULLY BEFORE DOWNLOADING OR STREAMING THIS NEVRO HFX iQ PATIENT APPLICATION (“HFX APP” or “APP”).

THE APP IS INTENDED FOR USE BY ADULTS WHO RESIDE IN THE UNITED STATES ONLY.  PARENT(S) OR GUARDIAN(S) MUST CONSENT PRIOR TO CHILDREN UNDER AGE 18 USING THE APP AND MUST AGREE TO THESE TERMS OF USE.

IF YOU RESIDE OUTSIDE THE UNITED STATES, YOU ARE NOT PERMITTED TO USE THIS APP. THE APP IS INTENDED FOR USE IN THE UNITED STATES. ALL DATA RELATED TO THE APP MAY BE STORED IN AND TRANSMITTED TO THE UNITED STATES OR JURISDICTIONS OUTSIDE THE UNITED STATES BY US, AND YOU EXPRESSLY CONSENT TO SUCH STORAGE AND TRANSMISSION.

By installing this App, you represent that: (a) you are using this App related to evaluation of and/or clinical use of the App with an HFX(TM) Trial Stimulator or HFX iQ(TM) IPG spinal cord stimulation device (“HFX Device”), as updated from time-to-time; and (b) if you use this App for clinical purposes, your physician has prescribed the HFX Device for you and you are using the App under the supervision of your physician.  Important safety information regarding the HFX Device is located here:  www.nevro.com/manuals.

These Terms of Use are a legal agreement between you and us and apply to the App, any of the services accessible through the App, and the Data or other information provided therein.

IMPORTANT NOTICES:

Account Registration. As part of the registration process you will need to create an account with a username and password. It is your responsibility to ensure that the information you provide is true, accurate, not misleading and secure. You cannot create an account or username and password using the names and information of another person or using words that are the trademarks or the property of another party (including ours), or vulgar, obscene or in any other way inappropriate. Nevro reserves the right with or without notice to suspend or terminate any account in breach.

• Any information you provide to Nevro shall be accurate, complete and updated. You are solely responsible for the activity that occurs on your account, for maintaining the confidentiality of and for any information you input to the App. You shall not use or access another user’s account without such other user’s express permission. You will immediately notify Nevro in writing of any unauthorized use of your account, or any other account-related security breach of which you are aware.
• If you have forgotten your username or password, Nevro will use an email address provided by you to send your username or temporary password. If for any reason you suspect that your username and password has been disclosed to or obtained by another party you should contact us immediately. Please note that Nevro never contacts users requesting them to confirm their username and password or other details.
• If you use mobile services to enter and maintain your personal information, you understand that you are responsible for safeguarding and securing your Mobile Device and the associated credentials (such as user identifiers and passwords). If you leave your Mobile Device unattended, or if it is lost or stolen, you understand that your personal information may be accessible to others.

Equipment and Internet Services. With the exception of the App, you are responsible for obtaining, installing, maintaining and operating all software, hardware or other equipment (collectively, “Systems”) necessary for you to access and use the App. This responsibility includes, without limitation, you utilizing the best commercially available encryption, antivirus, anti-spyware, and internet security software. You are additionally responsible for obtaining internet services via the internet services provider of your choice, for any and all fees imposed by such internet services provider and any associated communications App provider charges. You acknowledge that there are certain security, corruption, transmission error, and access availability risks associated with using open networks such as the internet, and you hereby expressly assume such risks. You acknowledge that you are responsible for the data security of the Systems used to access the App, and for the transmission and receipt of information using such Systems. You acknowledge that you have requested access to the specific App for your convenience, have made your own independent assessment of the adequacy of the internet and Systems, and that you are satisfied with that assessment. Nevro is not responsible for any errors or problems that arise from the malfunction or failure of the internet or your Systems.

Mobile Requirements. This App requires that you use a Mobile Device with an Apple iOS operating system with a minimum of 16GB of memory; iOS 13.0 or above; Internet access (3G/4G, Wi-Fi or Ethernet adapter); and Bluetooth(R) 4.2 (also known as Bluetooth(R) Low Energy); or use an Nevro provided Mobile Device.

BY DOWNLOADING THE APP OR CLICKING ON THE “ACCEPT” BUTTON BELOW YOU AGREE TO THESE TERMS OF USE WHICH WILL BIND YOU. IMPORTANTLY, PLEASE READ (A) THE PRIVACY NOTICE DEFINED IN PART 2, CONDITION 6, WHICH GOVERNS THE PRIVACY OF YOUR INFORMATION, (B) THE LIABILITY EXCLUSIONS AND LIMITATIONS IN PART 7, CONDITION 5, INCLUDING JURY WAIVER PROVISION, AND (C) WARRANTY DISCLAIMERS IN PART 7 CONDITION 4 WHICH LIMIT YOUR REMEDIES AND OUR LIABILITY.

If you do not agree to these Terms of Use, we will not license the App to you and you must remove the App from any Mobile Devices you have downloaded it to.

These Terms of Use and information accessed on or through the App may contain technical inaccuracies or typographical errors. Information may be changed or updated without notice. We may modify these Terms of Use at any time by notifying you during a subsequent use of the App.

You may access a copy of these Terms of Use under the Resources Tab for future reference.

PART 1 – KEY TERMS AND DESCRIPTION OF THE APP

The following key terms have the meaning below in these Terms of Use:

1. Data. Any information available through or residing on the App.
2. HFX Device. Nevro HFX spinal cord stimulation devices, as updated from time-to-time.
3. Patient(s). Any individual patient who is in the process of receiving or has received an implanted HFX Device who accesses the App.
4. Mobile Device. Any mobile telephone or handheld computing device with a wireless data communication link such as an Apple iPhone or Samsung Galaxy.
5. We, us, our, and/or Nevro. Nevro Corporation and any Nevro Corporation affiliated company.
6. You, your, and/or yours. The party who has downloaded and/or uses the App. These Terms of Use are only intended to apply to Patients and any party acting on Patient’s behalf.

PART 2 – ACKNOWLEDGEMENTS

1. These Terms of Use apply to the App, including any updates to the App, unless they come with separate terms, in which case those terms apply.
2. We may change these Terms of Use at any time by notifying you of a change when you next start the App. The new Terms of Use may be displayed on-screen and you may be required to read and accept them to continue your use of the App.
3. We may upgrade and update the App at our discretion, including the software upon which the App are based, the features, and functionalities available, and such updates to the App may be issued through the applicable App store. Depending on the update, you may not be able to use the App until you have downloaded the latest version of the App and accept any new Terms of Use.
4. You represent that you own, or have obtained permission from the owners of, the Mobile Device(s). that you are using to access and download a copy of the App onto the Mobile Devices. You and they may be charged by your and their service providers for internet access or data usage on the Mobile Devices. You accept responsibility in accordance with these Terms of Use for the use of, and all charges, fees, or taxes related to the use of, the App or in relation to any Mobile Device, whether or not it is owned by you.
5. The terms of our Privacy Notice at the end of these Terms of Use, as well as the Online Privacy Notice, (https://nevro.com/English/en/privacy/default.aspx) are incorporated into these Terms of Use by reference. Additionally, by using the App, you acknowledge and agree that internet transmissions, including transmissions of Data, are never completely private or secure. You understand that internet transmissions may be read or intercepted by others, even if there is a special notice that a particular transmission is encrypted.
6. By using the App, you consent to us collecting and using technical information about the Mobile Devices and related software, hardware and peripherals for services that are internet-based or wireless to improve our products and to provide any services to you.
7. You will be solely responsible, at your own expense, for acquiring, installing, maintaining and updating all connectivity equipment as may be necessary for your Mobile Device to connect to, access, and use the App as permitted by these Terms of Use.
8. The App may contain links to other independent third-party websites. Third-party websites are not under our control, and we are not responsible for and do not endorse their content or their privacy policies (if any). You will need to make your own independent judgement regarding your interaction with any third-party websites, including the purchase and use of any products or services accessible through them.
9. Any words following the terms “including,” “include,” “in particular,” “for example” or any similar phrase shall be construed as illustrative and shall not limit the generality of the related general words.

PART 3 – MEDICAL DISCLAIMER

1. WE DO NOT PROVIDE MEDICAL ADVICE TO PATIENTS. YOU SHOULD CALL YOUR PHYSICIAN OR LOCAL EMERGENCY SERVICES IF YOU SUSPECT YOU MAY HAVE A MEDICAL EMERGENCY.
2. Always seek the advice of your physician or other qualified healthcare provider before starting any new treatment or stopping an existing treatment. Talk with your healthcare provider about any questions you may have regarding a medical condition. Nothing contained in this App is intended to be used for medical diagnosis.
   • a. Not a Substitute – The information should not be used as a substitute for the care and knowledge that your physician can provide to you.
   • b. Supplement – The information in this App is meant to supplement the information that you obtain from your physician. If there is a disagreement between the information presented here and what your physician has told you — it is more likely that your physician is correct. He or she has the benefit of knowing your medical history.
   • c. Limitations – You should recognize that the information, functionality, and features in this App have the following limitations, in comparison to being examined by your own physician:
     • i. You can talk with your physician.
     • ii. Your physician can examine you and do any needed tests.
     • iii. You may have a hidden serious medical problem that only a physician can find and diagnose.
     • iv. If you are taking medicines, they could affect how you experience various symptoms.
3. If you think that you are having a medical emergency, call 911 or the number for the local emergency ambulance service NOW! And when in doubt, call your physician NOW or go to the closest emergency department.
4. The Content in this App has been reviewed, but it is not, and cannot be, perfect. Use of the Application is benefitted by the intellect, judgment, and input from a physician, physician assistant, or nurse practitioner.

PART 4 – GRANT AND SCOPE OF LICENSE

1. In consideration of you agreeing to abide by these Terms of Use, we grant you a nontransferable, non-exclusive, non-sublicensable, limited license to use the App on the Mobile Device, subject to these Terms of Use and our Privacy Notice. We reserve all other rights.
2. You may download the App onto a Mobile Device to view, use, and/or display the App for the sole purpose of evaluating use of, and/or using, the App with an HFX Device.

PART 5 – LICENSE RESTRICTIONS

Except as expressly set out in these Terms of Use, you agree:

1. Not to copy the App;
2. Not to rent, lease, sub-license, loan, translate, transfer, merge, adapt, vary or modify the App;
3. Not to make alterations to, or modifications of, the whole or any part of the App, or permit the App or any part of it to be combined with, or become incorporated in, any other programs;
4. Not to disassemble, decompile, reverse-engineer, create derivative works or otherwise attempt to obtain the source code, based on the whole or any part of the App;
5. To keep the App secure;
6. Not to access or attempt to access any Data that is controlled or provided via the App;
7. Not to remove, modify or obscure any copyright, trademark, service mark, tagline or other notices that appear during use of the App;
8. Not to provide or otherwise make available the App in whole or in part (including object and source code), in any form to any person without prior written consent from us;
9. Not to transfer data from the App in violation of any applicable patient privacy laws and regulations attempt to circumvent or otherwise disable any security or data protection measures implemented by us;
10. Not to access, use, or copy any portion of the App to directly or indirectly develop, promote, distribute, sell or support any product or service that is competitive to Nevro’s App; and
11. To comply with all technology control or export laws and regulations that apply to the technology used or supported by the App (“Technology”), together with these License Restrictions, and represent that you not located in a country that is subject to a U.S. government embargo, or that has been designated by the U.S. Government as a terrorist supporting country, and are not listed on any U.S. Government list of prohibited or restricted parties.

PART 6 – ACCEPTABLE USE RESTRICTIONS

You must:

1. Keep any activation and/or session codes or passwords confidential and not disclose them to any other person;
2. Not use the App in any unlawful manner, for any unlawful purpose, or in any manner inconsistent with these Terms of Use, or act fraudulently or maliciously, for example, by hacking into or inserting malicious code, including viruses, or harmful data, into the App or any operating system;
3. Not infringe our intellectual property rights or those of any third party in relation to your use of the App;
4. Not use the App in a way that could damage, disable, overburden, impair or compromise our systems or security or interfere with other users;
5. Use the App in a manner that complies with all applicable law, including in relation to harassment or other tort or delict, data protection, privacy, and medical secrecy; and
6. Not collect or harvest any information or data from the App or our systems (excluding the Data) or attempt to decipher any transmissions to or from the servers running any service.

PART 7 – OTHER LEGAL MATTERS

1. Termination. Subject to applicable law, we may end these Terms of Use at any time by giving you 30 days written notice. We may terminate these Terms of Use immediately by written notice to you: (a) if you commit a material or persistent breach of these Terms of Use which you fail to remedy (if remediable) within 14 days after the service of written notice requiring you to do so; or (b) if you breach any of the License Restrictions or the Acceptable Use Restrictions.
2. Effect of Termination. On termination for any reason: (a) all rights granted to you under these Terms of Use shall cease; (b) you must immediately cease all activities authorized by these Terms of Use, including your use of the App; (c) you must immediately delete or remove the App from all Mobile Devices, and immediately destroy all copies of the App then in your possession, custody or control and certify to us that you have done so; and (d) we may cease to provide you with access to the App.
3. Proprietary Rights. You acknowledge that all intellectual property rights in the App and the Technology anywhere in the world, including any improvements or derivative works of the App and Technology created by you or any third party, belong to us or our licensors and are solely for our use and benefit subject to the limited license granted to you in these Terms of Use, that rights in the App are licensed (not sold) to you, and that you have no rights in, or to, the App or the Technology other than the right to use each of them in accordance with these Terms of Use. You acknowledge that you have no right to have access to the App in source-code form.

4. Warranty Disclaimers. We do not warrant that your use of the App will be error-free or uninterrupted. THE APP IS PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT ANY REPRESENTATION OR WARRANTY, EXPRESS, IMPLIED OR STATUTORY AS TO THE OPERATION OF THE APP, OR THE DATA, INFORMATION, CONTENT OR MATERIALS INCLUDED ON THE APP.

   TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, WE SPECIFICALLY DISCLAIM ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, WE DO NOT REPRESENT OR WARRANT THAT THE INFORMATION ON THE APP IS ACCURATE, COMPLETE OR CURRENT OR THAT THE APP WILL OPERATE WITHOUT INTERRUPTION OR ERROR OR THAT THE APP WILL OPERATE IN A COMPLETELY SECURE MANNER.

   WITHOUT LIMITING THE FOREGOING, IF YOU NOTIFY US OF A REPLICATABLE ERROR IN THE APP THAT SUBSTANTIALLY LIMITS THE PERFORMANCE OF THE APP, WE WILL USE REASONABLE EFFORTS TO ATTEMPT TO REPAIR OR OTHERWISE CORRECT THE ERROR TO THE EXTENT REASONABLY CURABLE.

   While we use commercially reasonable safeguards to protect Data, such as encrypting Data while stored locally on the App and in transit when using Bluetooth(R) and or Wi/Fi technology, we do not guarantee the privacy, security, authenticity or non-corruption of any information transmitted through or stored on any system or Mobile Device connected to the internet.  The foregoing sentence is not intended to limit any obligations we may have related to your Data under any Business Associate Agreement we have entered into with your health care provider; however, you agree that those obligations are separate from these Terms of Use and will not serve as a basis for any claims against us by you.

5. LIABILITY EXCLUSIONS AND LIMITATIONS. EXCEPT AS PROVIDED BELOW, WE WILL NOT BE LIABLE FOR ANY CLAIMS, CHARGES, DEMANDS, DAMAGES, LIABILITIES, LOSSES AND EXPENSES OF WHATEVER NATURE AND HOWSOEVER ARISING FROM THE APP OR THESE TERMS OF USE, INCLUDING, BUT NOT LIMITED TO COMPENSATORY, DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES (HOWEVER ARISING INCLUDING NEGLIGENCE), LOSS OF USE, LOSS OF DATA OR OTHER INFORMATION, LOSS CAUSED BY A COMPUTER OR ELECTRONIC VIRUS, LOSS OF INCOME OR PROFIT, LOSS OF OR DAMAGE TO PROPERTY, CLAIMS OF THIRD PARTIES OR OTHER LOSSES OF ANY KIND OR CHARACTER, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES, ARISING OUT OF OR IN CONNECTION WITH THE USE OF THE APP. TO THE EXTENT LIABILITY CANNOT BE EXCLUDED OR DISCLAIMED, OUR LIABILITY IS LIMITED TO DIRECT DAMAGES NOT EXCEEDING $10 USD. This limitation on liability applies to, but is not limited to, the transmission of any disabling device or virus that may infect your Mobile Devices or other equipment, failure of mechanical or electrical equipment or communication lines, telephone or other interconnect problems (e.g., you cannot access your internet service provider), unauthorized access, theft, bodily injury, property damage, operator errors, strikes or other labor problems or any act of God.

   Nothing in these Terms of Use shall limit or exclude our liability for: (a) death or personal injury resulting from our negligence or intentional tortious conduct; (b) fraud or fraudulent misrepresentation; and (c) any other liability that cannot be excluded or limited by California law.

   The information and Data provided on the App is not tailored to your specific factual circumstances. You are responsible for verifying that the general information provided is appropriate for your specific factual situation before relying on it. We are not responsible for any errors or omissions in or for the results obtained from the use of this information or Data.

   Some portions of the App may be hosted by third-party service providers.  These Terms of Use supersede and govern any inconsistent or contrary terms provided by any third-party service providers, including Nevro. We cannot be held responsible for any loss arising from the transmission, use of data, or inaccurate data provided by these service providers. You are responsible for taking all necessary precautions to ensure that any material you may obtain from the App is free of viruses or other harmful components.

   You agree to indemnify, defend, and hold us harmless from any claim, demand, damages or other losses, including reasonable attorneys’ fees, arising out of breach by you of the Terms of Use.

   YOU HEREBY WAIVE ANY RIGHT TO A TRIAL BY JURY RELATED TO ANY LEGAL ACTION ARISING OUT OF OR RELATING TO THIS AGREEMENT.

6. Notices. Notices under these Terms of Use must be in writing and delivered either: (a) to a street address by Registered, Certified, or Express Mail (with return receipt) or (b) by a national reputable overnight delivery service that provides certification of delivery. Address all such notices to: Nevro Legal Department, 1800 Bridgepoint Pkwy, Redwood City, CA 94065. If we have to contact you or give you notice in writing, we will do so by e-mail (where this has previously been provided to us) or by pre-paid post to the address you provide to us in your request for the App.
7. Intervening Forces. We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under these Terms of Use that is caused by any act or event beyond our reasonable control, including failure of public or private telecommunications networks (“Intervening Force”). If an Intervening Force takes place that affects the performance of our obligations under these Terms of Use: (a) our obligations under these Terms of Use will be suspended and the time for performance of our obligations will be extended for the duration of the Intervening Force; and (b) we will use our reasonable endeavors to find a solution by which our obligations under these Terms of Use may be performed despite the Intervening Force.
8. Transfer of Rights. We may transfer our rights and obligations under these Terms of Use to another organization, but this will not affect your rights or our obligations under these Terms of Use. You may only transfer your rights or obligations under these Terms of Use to another person if we agree in writing.
9. Waiver. If we fail to insist that you perform any of your obligations under these Terms of Use, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you and will not mean that you do not have to comply with those obligations. If we do waive a default by you, we will only do so in writing, and that will not mean that we will automatically waive any later default by you.
10. Severability. Each of the conditions of these Terms of Use operates separately. If any court or competent authority decides that any of them are unlawful or unenforceable, the remaining conditions will remain in full force and effect.
11. Interpretation. No part of these Terms of Use or any related document will be construed against or interpreted to the disadvantage of any party by a court or other authority by reason of that party having drafted that part or imposed its inclusion. The requirements, restrictions, disclaimers, and limitations in these Terms of Use shall be subject to, and construed to be consistent with, applicable law. The parties agree that the English language will be the official language of these Terms of Use. If there is any conflict, apparent conflict or ambiguity between the English language and the translated language, the wording of the English language shall prevail.
12. Entire Agreement. These Terms of Use constitutes the entire agreement between you and us and supersedes all prior and contemporaneous agreements or communications.
13. Governing Law and Jurisdiction. These Terms of Use and any claim arising out of or in connection with it or its subject matter shall be governed by and construed in accordance with the laws of California, USA, without regard to its conflicts of law provisions. Exclusive venue and jurisdiction for any dispute arising out of these Terms of Use shall be the federal or state courts for San Francisco, California, USA.
14. Open-Source Software. The App contains open-source software. Please view the following table for more information about our use of open-source software and applicable license terms that govern the use of open-source software:

15. Apple-Specific Terms. Your use of the of the Apple App Store owned and operated by Apple, Inc. is governed by the applicable legal agreements between you and Apple, Inc. (found at: https://www.apple.com/legal/).
16. Google-Specific Terms. Your use of the Google Play marketplace owned and operated by Google LLC is governed by the legal agreement between you and Google LLC consisting of the Google Terms of Service (found at http://www.google.com/accounts/TOS) and the Google Play Terms of Service (found at https://play.google.com/intl/en-US_us/about/play-terms.html).

These Terms of Use have been entered into on the date upon which the App application was downloaded for your use.

[End of Terms of Use.]

Privacy Notice

This privacy notice (“Notice”) describes how Nevro Corp. (“Nevro”, “us” or “we”) collects and processes patient (“Patient”, “you”, “your” or “yours”) personal information obtained when using the App (“Personal Data”). We are committed to protecting the privacy of our customers and patients (“Patients”, “you” or “your”).

This Notice may be amended and replaced from time to time and Nevro will notify you of material amendments in advance of such amendments becoming effective.

1. Personal Data We Collect

We may collect the following types of Personal Data when you voluntarily input Personal Data into the App. We also automatically collect Personal Data such as, device-related data, when you interact with the App.

We collect and process the following types of Personal Data:

• a. Basic identification information and contact details: your name, mobile telephone number, address, e-mail address, Nevro patient ID, date of birth
• b. Information about your health: pain scores and outcomes data (activity level increase or decrease, medication increase or decrease, overall pain relief), other information you input into forms or text boxes in the app, effectiveness of particular programming settings; desired activities
• c. Data about your Nevro device: unique device identifier (medical device model and serial number), programming history, device diagnostics, device programming settings; desired activities
• d. Usage data: data about your activities and use of the App, usage history, browser history, IP address
  Data about your mobile device: device ID, operating system, browser type, other device or network information

2. Use of Personal Data

We may process your Personal Data for the purposes set out below:

• a. To enroll you into the App / account activation and to communicate with you (including, to provide you with customer support);
• b. To provide you with the therapy optimization services;
• c. To provide you with technical support;
• d. To provide, maintain, and increase the safety and security of the App, including uploading patches to the App;
• e. To manage our marketing and advertising activities, including to provide targeted advertising;
• f. To operate, maintain, improve, provide, create, and develop all of the features, functionalities (new and existing) found on the App or other Company products;
• g. To comply with regulatory obligations and other legal obligations.

3. Sharing of Personal Data with third parties

Nevro may disclose certain Personal Data for the above purposes to the following third-party recipients:

We disclose your Personal Data to service provides who work on our behalf, such as:

• a. Analytics partners that provide analytic data resources such as crash reports;
• b. Marketing and advertising partners, such as Google, to manage our marketing and advertising activities including to provide you with targeted advertisements; and
• c. Service providers of cloud computing and storage facilities and resources to store the Personal Data, including Salesforce (https://www.salesforce.com/), Amazon Web Services (https://aws.amazon.com/), and Snowflake (https://www.snowflake.com/en/).

We may also disclose your Personal Data to physicians and other medical staff that provide healthcare and treatments to you.

Your Personal Data may also be transferred as part of a bankruptcy, merger, acquisition, reorganization, or sale of Nevro’s assets if we are involved in such a transaction, including any evaluation of such a transaction.

We may disclose your Personal Data if we believe it is necessary to comply with law, regulation, legal process, or governmental requests such as court orders, subpoenas, or warrants in the manner allowed by law. We also may disclose your Personal Data when we believe, in good faith, that disclosure is appropriate or reasonably necessary to (i) protect Nevro from fraudulent, abusive, or unlawful uses; (ii) to investigate and defend ourselves against third-party claims or allegations; (iii) to protect the security or integrity of Nevro; (iv) or to protect your rights, property, or safety, of Nevro’s and of others.

4. Geographic Limitations

The App is intended for use within the United States. All Personal Data related to the app may be stored in and transmitted to the United States or jurisdictions outside the United States by us, and you expressly consent to such storage and transmission.

5. Retention of your Personal Data

Your Personal Data will be stored for as long as necessary to fulfil the purposes for which it was collected, including for the purposes of satisfying any legal, accounting or reporting requirements, including statutory retention obligations.

To determine the appropriate retention period, the amount, nature and sensitivity of the Personal Data are considered, together with the necessity and purposes for the processing (including, whether such purposes can be achieved through other means) and the potential risk of harm from unauthorized use or disclosure of the Personal Data. In exceptional cases your Personal Data may need to be kept for longer periods of time, for example due to ongoing litigation procedures, or where the law requires us to do so.

6. Data Security

We take reasonable steps and use industry standard security safeguards of a physical, electronic and procedural nature to protect Personal Data from loss and unauthorized access, modification, disclosure, inappropriate alteration or misuse.

You should be aware, however, that no method of transmission over the Internet or method of electronic storage is completely secure. Data security incidents and breaches can occur due to a variety of factors that cannot reasonably be prevented; therefore, our safeguards may not always be adequate to prevent all breaches of security.

7. Your rights

Subject to restrictions or limitations, you have certain rights in respect of your Personal Data, as follows:

• Right of access – to obtain information regarding the processing of your Personal Data, including the right to obtain a copy of the processed Personal Data;
• Right of rectification – to request amendments to any inaccurate Personal Data or to complete any incomplete Personal Data;
• Right of erasure – to request for the deletion of your Personal Data that we hold. However, we may not always be able to delete your Personal Data for legal and regulatory reasons;
• Right to restriction of processing – to request that we restrict or suppress the processing of your sensitive Personal Data or opt-out of processing for profiling/targeted advertising purposes;
• Right of portability – to receive certain Personal Data that you have provided to us, in a machine-readable form and/or that we transmit it to a third party with your express authorization.

You can exercise your data subject rights by submitting a request at the link at the top of Nevro’s Online Privacy Notice available here: https://nevro.com/English/en/privacy/default.aspx or by emailing us at [email protected].

8. Contact details

You may contact our Chief Privacy Officer if you have any inquiries or feedback on our Personal Data protection policies and procedures, or if you wish to make any request, by reaching out to us at [email protected].

Please click “Accept” to electronically sign this document and accept these Terms of Use as well as the Privacy Notice and the Online Privacy Notice (https://nevro.com/English/en/privacy/default.aspx).