Privacy Statement

PLEASE READ THIS PRIVACY STATEMENT CAREFULLY.

Privacy is very important to us and we respect your right to privacy. This Privacy Statement tells you how we protect and use any personally identifiable information that we gather through this Apnex Medical web site. We collect and use your non-personal information (information that is not identifiable to you personally) differently than personally identifiable information. This web site and this Privacy Statement are intended for a U.S. audience.

We may change this Privacy Statement at any time and for any reason. We encourage you to review this Privacy Statement each time you visit the web site. By using this web site, you agree to the terms of the most recent version of this Privacy Statement. Please read our Terms of Use to understand the general rules about your use of this web site. This Privacy Statement and the Terms of Use are the complete agreement between you and Apnex Medical with respect to your use of this web site.

WHAT IS PERSONALLY IDENTIFIABLE INFORMATION?
Personally identifiable information is information we collect through this web site that we can use to specifically identify you, such as your: name, age, race, gender, address, telephone number, e-mail address and other personal health information. The only personally identifiable information we currently collect is the information you knowingly and voluntarily give us when you use this site. For example, in order to receive more information about Apnex Medical, you may provide your name or e-mail address. You can always opt-out of receiving communications from us by following the opt-out procedures described below.

HOW DOES APNEX MEDICAL KEEP AND USE PERSONALLY IDENTIFIABLE INFORMATION?
We may keep and use personally identifiable information we collect from you through this web site to provide you with access to this web site. In addition, we may keep and use your personally identifiable information:

• to respond to your requests
• to personalize your access to our web site, for example, by telling you about new features that may be of interest to you
• to develop records, including records of your personally identifiable information
• to contact you with information that might be of interest to you, including information about clinical trials and about products and services of ours and of others
• for analytical purposes and to research, develop and improve programs, products, services and content
• to remove your personal identifiers (your name, e-mail address, social security number, etc). In this case, you would no longer be identified as a single unique individual. Once we have de-identified information, it is non-personal information and we may treat it like other non-personal information.
• to enforce this Privacy Statement and other rules about your use of this web site
• to protect our rights or property
• to protect someone's health, safety or welfare
• to comply with a law or regulation, court order or other legal process

DOES APNEX MEDICAL EVER SHARE PERSONALLY IDENTIFIABLE INFORMATION WITH THIRD PARTIES?
Apnex Medical will not share your personally identifiable information collected from this web site with an unrelated third party without your permission, except as otherwise provided in this Privacy Statement.

Apnex Medical will not sell, exchange or publish your personally identifiable information to a third party, except in conjunction with a corporate sale, merger, dissolution, or acquisition.

We may share personally identifiable information with companies that we hire to perform services or functions on our behalf. We may also share personally identifiable information with potential study center(s) regarding your potential eligibility for our clinical trial(s). For example, if you sign up to receive clinical study news and updates, we may share your information with hospitals or physicians involved in our studies, or other companies working with Apnex. If we share your personally identifiable information with a third party, we will ask them not to keep, disclose or use your information with others except for the purpose of providing the services we asked them to provide. However, because hospitals, physicians and other companies are independent of Apnex, we are not responsible for how they handle your personally identifiable information.

We may be legally required to release your personally identifiable information in response to a court order, subpoena, search warrant, law or regulation. We may cooperate with law enforcement authorities in investigating and prosecuting web site visitors who violate our rules or engage in behavior which is harmful to other visitors (or illegal).

We may disclose your personally identifiable information to third parties if we feel that the disclosure is necessary to:

• enforce this Privacy Statement and the other rules about your use of this web site
• protect our rights or property
• protect someone's health, safety or welfare
• comply with a law or regulation, court order or other legal process

Please note: In addition to the ways that we may keep, disclose, and use information described in this Privacy Statement, we also may keep, disclose, and use personally identifiable information that you give us through this web site in ways that we believe are consistent with FDA and other governmental guidance, directions, regulations, and laws.

WHAT IS NON-PERSONAL INFORMATION?
Non-personal information is information we collect through this web site that does not identify you as an individual person. It may include information such as the following:

• the web browser software you use (for example, Netscape Navigator or Internet Explorer)
• the domain name from which you access the Internet
• the Internet address of the web site from which you linked directly to our web site
• the date and time you access our web site
• which pages you have visited on our web site
• personally identifiable information that has been de-identified

If you visit our web site to read or download information, such as information about a health condition or about one of our products, we may collect certain non-personal information about you from your computer. This information is collected from your computer's web browser: If you only read or download information on our web site, we do not collect or learn your name, e-mail address, home address, or other personal information about you. We may place a text file called a cookie in the browser files of your computer when you visit. The cookie may be stored on your computer's hard drive. The information that we collect using cookies is non-personal information. US Government Information Bulletin (I-034) contains a good description of cookie technology at: http://www.ciac.org/ciac/bulletins/i-034.shtml. You may decline our cookies if your browser permits, but if you do so some parts of our web site may not work properly for you. We do not allow third parties to place cookies on our web site.

WHAT DOES APNEX MEDICAL DO WITH NON-PERSONAL INFORMATION?
We are not restricted in the ways we can use or share your non-personal information, because non-personal information cannot identify you. We will use non-personal information from you to help us make this web site more useful to visitors. We also will use non-personal information for other business purposes. For example, we may use non-personal information or aggregate de-identified personally identifiable information to:

• to develop programs, products, services or content
• customize information or services that are of interest to you
• share it with or sell it to third parties
• provide aggregated de-identified data to third parties for analysis

WHAT ABOUT LINKS TO OTHER WEB SITES?
Certain links on this website lead to other websites maintained by third parties over which Apnex Medical has no control. By clicking on these links, you will be leaving the Apnex Medical website and going to another, entirely independent, website. These links are provided as a service to our website visitors. We take no responsibility for the content of third party websites. Therefore, whenever you leave this web site we recommend that you review each web site's privacy practices and draw your own conclusions regarding the adequacy of these practices.

DOES APNEX MEDICAL EVER COMMUNICATE DIRECTLY WITH VISITORS TO THIS WEB SITE?
We may contact you periodically by e-mail, mail or telephone to provide information regarding programs, products, services and content that may be of interest to you, including information about upcoming clinical trials. For example, if you sign up to receive news and updates, you may be contacted by us or third parties (including hospitals or physicians involved in our studies) regarding potential involvement in clinical studies. This could include contacts via mail, e-mail or telephone, including leaving a message on voice mail or with another person answering your phone. In addition, some of the features on this web site allow you to communicate with us using an online form. If your communication requests a response from us, we will send you a response via e-mail. The e-mail response or confirmation may include your personally identifiable information, including personally identifiable information about your health, your name, address, etc. We cannot guarantee that our e-mails to you will be secure from unauthorized interception.

HOW CAN CONTACT INFORMATION BE CORRECTED OR DELETED?
To keep personally identifiable information you have provided accurate, current or complete, or to request that your information be deleted from our contact list, please send an e-mail to info@apnexmedical.com or contact us at the address below, and we will take appropriate steps to update or correct such information in our possession.

ARE THERE SPECIAL RULES ABOUT CHILDREN'S PRIVACY?
This website is not intended for use by children under that age of 13. We will not knowingly collect personally identifiable information from website visitors in that age group. We encourage parents to talk to their children about their use of the Internet and the personally identifiable information they disclose to websites. If you think that we have collected personally identifiable information from a child under the age of 13, please contact us.

WHAT ABOUT WEB SITE SECURITY?
We take reasonable steps to protect your personally identifiable information from loss, misuse, and unauthorized access, disclosure, alteration, or destruction. You should keep in mind that no Internet transmission is ever 100% secure or error-free. In particular, e-mail sent to or from this site may not be secure, and you should therefore take special care in deciding what information you send to us via e-mail.

HOW TO CONTACT APNEX MEDICAL.
If you have questions or comments about this Privacy Statement, or if you would like to opt-out of future communications, please use the Contact Apnex Medical feature at the bottom of your screen or contact us at:

Apnex Medical, Inc.
2890 Centre Point Drive
St. Paul, MN 55113
info@apnexmedical.com
Attention: ApnexMedical.com