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Privacy Policy

Privacy Policy

THIS NOTICE DESCRIBES HOW INFORMATION ABOUT YOU MAY BE USED AND DISCLOSED, AND HOW YOU CAN ACCESS THIS INFORMATION. PLEASE REVIEW IT CAREFULLY.

Privacy is of significant importance to National Seating & Mobility, Inc., and its subsidiaries, collectively “NSM”.  The following Privacy Notice sets forth the types of personal information and non-personal information that may be collected when an individual visits NSM’s website and/or mobile applications (“Applications”) and how that information may be used or disclosed.

By utilizing NSM’s Applications, you authorize your consent and agreement to this Privacy Notice and such use also signifies your compliance with NSM’s Terms of Use Agreement.

If you wish to provide feedback, have questions or concerns, or wish to exercise your rights related to your personal data you may contact NSM at feedback@nsm-seating.com  and place “Personal Information” in the subject line or call 833.289.1020.  Please see “User Rights” section below for additional information.

COLLECTION OF NON-PERSONAL STATISTICAL DATA

Data automatically collected on site visitors may include: IP address; general location (derived from IP address or similar non-precise identifiers); Pages visited; Date/Time of visit; time spent on site; and Device identifier.

Non-personal statistical data is used to improve the content of the NSM Applications and to assist NSM in understanding how individuals are utilizing the Applications.  This type of data collection will enable NSM to continually improve the Applications usefulness and user experience.

General location information collected automatically through website analytics is distinct from precise device-level location information that may be collected through NSM’s Applications or location access-enabled wheelchairs and equipment (“Location Data”), which is addressed separately in this Privacy Notice and applicable patient consent or notice forms.

Where combined with personal information, we treat non-personal information as personal information for the period it remains combined.

COLLECTION OF PERSONAL INFORMATION

For purposes of this Privacy Notice, “Personal Information” is information that identifies, relates to, describes, is capable of being associated with, or could reasonably be linked, directly or indirectly, with a particular consumer or household.

In the state of California, personal information includes, but is not limited to, the following:

  • Identifiers such as a real name, alias, postal address, unique personal identifier, online identifier, Internet Protocol address, email address, account name, social security number, driver’s license number, passport number, or other similar identifiers.
  • Characteristics of protected classifications under California or federal law.
  • Commercial information, including records of personal property, products or services purchased, obtained, or considered, or other purchasing or consuming histories or tendencies.
  • Biometric information.
  • Internet or other electronic network activity information, including, but not limited to, browsing history, search history, and information regarding a consumer’s interaction with an internet website application, or advertisement.
  • location data.
  • Audio, electronic, visual, thermal, olfactory, or similar information.
  • Professional or employment-related information.
  • Education information, defined as information that is not publicly available personally identifiable information as defined in the Family Educational Rights and Privacy Act(20 U.S.C. Sec. 1232g; 34 C.F.R. Part 99).
  • Inferences drawn from any of the information identified in this subdivision to create a profile about a consumerreflecting the consumer’s preferences, characteristics, psychological trends, predispositions, behavior, attitudes, intelligence, abilities, and aptitudes.

In the state of California, “Sensitive Information,” means:

Sensitive personal information that is “publicly available” shall not be considered sensitive personal information or personal information. In addition, other than protected health information (PHI), NSM does not collect non-business related email communication, consumer social security, driver’s license, state identification card, passport information, racial or ethnic origin, religious or philosophical beliefs, genetic data, biometric data, consumer health data, or other similar personal data. NSM may collect Location Data in connection with its Applications and location access-enabled wheelchairs or loaner equipment as described in this Privacy Notice and applicable patient consent or notice forms.

DESCRIPTION OF ONLINE AND OFFLINE INFORMATION PRACTICES

NSM may collect personal information during the normal course of business including protected health information (PHI; see below) for the purpose of providing services to our clients, requesting payment from third party payer sources (i.e. insurance companies, etc.), or other healthcare operations as defined by the Privacy Rule.  In some circumstances, NSM may collect the name, email, address, phone number or other contact information of individuals requesting information about the services NSM provides.  NSM may also collect general information about web traffic on NSM’s external website that can’t be tied to an individual consumer.

If an individual submits information to NSM related to an open job, NSM may retain this information for a period of time.  In addition, NSM will have certain required employment information for our employees.

NSM collects the domain name and email address (where requested) of visitors to our web pages.  We also compile user-specific information on what pages consumers access or visit and information volunteered by the consumer, such as survey information and/or site registrations, including name, mailing address, and telephone number.

Typically, personal information is used in the following circumstances: Tracking orders; Asking questions about orders; Providing customer support; Requesting product or equipment information; Inquiring about product maintenance and repairs; Identifying local NSM branches; or Contacting NSM for additional information.

NSM does NOT sell personal information collected via NSM’s website, mobile applications, or otherwise, to third parties.  As most of the online services, our website uses first-party and third-party cookies for several purposes. First-party cookies are mostly necessary for the website to function the right way, and they do not collect any of your personally identifiable data.  Third parties, such as web browsers (i.e. Google, Safari, Internet Explorer) may collect your information on our website or mobile application. See the section below on “Cookies and Linking to Other Sites” for more information.

APPLICATION PERMISSIONS AND CONNECTED DEVICE DATA

When you use an NSM Application, we may request permission to access certain functions on your mobile device to support your use of a wheelchair or other equipment. These permissions may include:

Location Services. We may request access to your mobile device’s location services to help identify a nearby or preferred NSM branch or provide other location-based Application features.

Bluetooth. We may request Bluetooth access to identify and connect to a compatible device installed on your wheelchair so that the Application can display wheelchair health, battery, service, diagnostic, or related support information.

Push Notifications. We may request permission to send push notifications to provide service alerts, battery warnings, maintenance reminders, order or support updates, and other communications you choose to receive or that are otherwise permitted by applicable law.

If you enable these permissions, the Application may collect, use, disclose, and process information necessary to provide the features you enable, including mobile device permissions data, wheelchair connection information, wheelchair health and diagnostic information, service and maintenance information, notification preferences, and information you enter into the Application.

You may decline or disable any Application permission at any time through the Application settings or your mobile device settings. Declining or disabling a permission may limit certain Application functionalities but will not affect your access to care or services.

WHEELCHAIR LOCATION INFORMATION

Some wheelchairs and loaner equipment provided by NSM include location-access capability. If you choose to permit access through an applicable patient consent form, NSM and its authorized personnel, service providers, or contractors may access Location Data, which may include current or approximate location, historical location data, timestamps, device connectivity status, diagnostic alerts, usage information, device identifiers, and other technical information associated with the device’s location-enabled features.

NSM may use Location Data for purposes related to supporting, maintaining, servicing, and improving the wheelchair and related patient support services, including remotely checking functionality, identifying service needs, assisting with troubleshooting, coordinating repairs, locating the wheelchair for maintenance or recovery purposes, supporting warranty or equipment management activities, confirming device connectivity, and providing other support functions that depend on location access.

Authorizing location access does not mean that NSM will continuously monitor the wheelchair or equipment location. Location Data may be accessed periodically, automatically, or as needed for permitted purposes. NSM does not promise to detect, respond to, or prevent emergencies, injuries, unsafe conditions, theft, loss, or unauthorized movement of the wheelchair or equipment. Location access is not intended to replace emergency services, personal supervision, clinical monitoring, or any other medical or safety service.

Location Data may be accessed by authorized NSM workforce members, authorized service technicians, equipment suppliers, manufacturers, technology platform providers, contractors, or other service providers who need access to support the wheelchair or equipment or provide related services. Access is limited to personnel and service providers with a legitimate need to know, consistent with applicable privacy and security requirements. NSM will not use location information for purposes unrelated to the wheelchair or equipment, patient support, service, maintenance, safety, compliance, payment, operations, or other purposes permitted by applicable law, unless you provide a separate authorization or the use is otherwise permitted or required by law.

You are not required to permit location access, or any in-app permission in order to receive a wheelchair or equipment, receive services, or maintain your rights as a patient. Your decision is voluntary. If you decline to permit access, NSM will not deny you equipment, treat you differently, retaliate against you, or otherwise discriminate against you. Certain location-dependent functions may be unavailable, delayed, or limited without the applicable permission, but these limitations are a technical consequence and are not a penalty, denial of care, retaliation, or discrimination.

You may revoke your consent to location access at any time by contacting NSM. Revocation will not affect any use or disclosure of information that occurred before NSM received and processed your revocation. After revocation, NSM will stop accessing location information to the extent required by applicable law and technically feasible. Revoking consent will not result in denial of care, denial of equipment, retaliation, or discrimination.

RELATIONSHIP TO PATIENT CONSENT FORMS

In addition to this Privacy Notice, certain data collection activities—including wheelchair location access, in-app device permissions, and loaner equipment data access—are governed by separate patient consent or notice forms provided at or before the time of service. Those consent forms provide additional detail regarding the specific data practices they address, your right to decline or revoke consent, and the consequences of doing so. In the event of any conflict between this Privacy Notice and an applicable patient consent or notice form, the patient consent or notice form will control with respect to the specific data practices it addresses.

COLLECTION AND DISCLOSURE OF PROTECTED HEALTH INFORMATION (PHI)

NSM maintains physical, electronic and procedural safeguards to comply with federal and state regulations to protect your PHI. NSM does not disclose your PHI, except and to the extent permitted by applicable law. PHI is information that may identify you and that relates to your past, present or future physical or mental health, the provision of health care provided to you, or the payment for the provision of health care to you.

Wheelchair location information, and related technical information collected in connection with a patient’s wheelchair or equipment constitutes PHI and is subject to the protections described in NSM’s Notice of Privacy Practices and applicable federal and state law, including HIPAA.

The NSM Notice of Privacy Practices describes NSM’s legal duties and your rights with respect to your PHI. (See https://www.nsm-seating.com/privacy-practices/.) The Notice of Privacy Practices sets forth the different ways that NSM may use and disclose your PHI; your rights to inspect and copy your PHI; your right to amend your PHI; your right to accounting and disclosures NSM has made of your PHI; your right to request restrictions on NSM’s uses and disclosures of your PHI; your right to request communications by alternative means or at alternative locations; and your right to a paper copy of the Notice of Privacy Practices.

STORAGE, PROTECTION AND RETENTION OF INFORMATION COLLECTED

All data collected will be housed internally within NSM.  NSM takes all precautions to protect the users’ information.  When a user submits information via the website, that information is protected both online and offline.

Wherever data is collected, that information is encrypted and transmitted to NSM in a secure manner.  The user can verify this encryption by looking for a lock icon in the address bar and viewing the “https” at the beginning of the address of the Web page.

While NSM uses encryption to protect sensitive information transmitted online, NSM also protects the users’ information offline.  Only employees who need the information to perform a specific job (for example, billing or customer service) are granted access to PHI.  The computers/servers in which NSM stores PHI are kept in a secure environment.

NSM will retain the users’ information until the purpose for its collection is satisfied.  Where required by law, NSM may retain information collected, including PHI, for a longer period.

With respect to Location Data collected from wheelchairs or loaner equipment, NSM will retain such data only for so long as reasonably necessary to fulfill the purposes described in this Privacy Notice and applicable patient consent forms. Location Data associated with a wheelchair will generally be retained while the wheelchair is assigned to, leased to, serviced for, or otherwise supported by NSM on behalf of the patient. Location Data associated with loaner equipment will generally be retained for so long as the loaner equipment is assigned to the patient. Upon revocation of consent, NSM will cease prospective collection of Location Data to the extent technically feasible and required by applicable law; previously collected Location Data may be retained as required by law or for legitimate business purposes such as compliance, audit, or dispute resolution, after which it will be securely deleted or de-identified.

COOKIE USAGE AND LINKING TO OTHER SITES

NSM may provide links to other websites.  Any advertisements, links with other websites, co-hosts or references to third-parties are not endorsements of such third-parties’ products or services and are not intended to result in any referrals or compensation to you or NSM.  While NSM does its best to ensure your privacy, NSM cannot be responsible for the privacy policy of other sites.  NSM cannot guarantee the quality or accuracy of information presented on non-NSM websites.  These sites are only made available for the convenience of the user.

NSM may use “cookies” to track the users’ preferences and activities on the www.nsm-seating.com website.  Cookies are small data files transferred to your computer’s hard drive by a website.  They keep a record of your preferences making your subsequent visits to the site more efficient.  Cookies may store a variety of information, including, the number of times that you access a site, registration information and the number of times that you view a particular page or other item on the site.  The use of cookies is a common practice adopted by most major sites to better serve their clients.  Most browsers are designed to accept cookies, but they can be easily modified to block cookies; see your browser’s help files for details on how to block cookies, how to know when you have received cookies and how to disable cookies completely.  To find out more about cookies, including how to see what cookies have been set, visit https://www.consumer.ftc.gov/articles/0042-online-tracking or www.allaboutcookies.org.

Linked sites may forward their own cookies to users, collect data, or solicit personal information.  You are encouraged to review the privacy policy of any website you visit.

NSM typically treats information stored by cookies as non-personal information.  Where required by law or where combined with personal information, NSM treats information stored by cookies as personal information in accordance with this Privacy Notice.

DO NOT TRACK NOTICE

NSM tracks general trends about its customers over time and across third party websites to provide targeted advertising.

Certain browsers, including Safari, allow users to set Do Not Track (DNT) preferences on their browsers to opt-out of behavioral tracking and let third-parties know they do not want to be tracked.  California law requires us to let you know how we respond to DNT signals.  Because there currently is not a legal standard for recognizing or honoring DNT signals, NSM does not respond to them at this time.  We await the result of work by the privacy community to determine when such a response is appropriate and what form it should take.

The foregoing Do Not Track Notice applies to website-based behavioral tracking for advertising purposes. It does not apply to location tracking associated with NSM’s Applications or location access-enabled wheelchairs and equipment, which is governed by separate patient consent or notice forms and the applicable sections of this Privacy Notice. You may control Application-based location permissions through your mobile device settings or Application settings, and you may revoke your location access consent as described in the “Wheelchair Location Information” section above and in your applicable patient consent or notice form.

USER RIGHTS

If you would like to know the specific pieces of information that NSM has collected about you or would like more details about the information NSM collects including, but not limited to, where it was sourced from, what is being used for, whether it is being disclosed, and to whom it being disclosed, you or your authorized agent may contact NSM at feedback@nsm-seating.com and place “Personal Information” in the subject line or call 833.289.1020.

With respect to Location Data, you have the right to: request a copy of the Location Data NSM has collected about your wheelchair or equipment; and revoke your consent to location access at any time by contacting NSM at feedback@nsm-seating.com or calling 833.289.1020. Exercising any of these rights will not affect your eligibility for care, benefits, equipment, or services. Upon revocation, certain location-dependent features and services may no longer be available, but NSM will not deny you equipment, retaliate against you, or discriminate against you for exercising your rights.

Under local law, you may have the right to have NSM delete or change your personal information, with some exceptions.  If you would like NSM to delete or change your personal information, you may contact NSM at feedback@nsm-seating.com and place “Personal Information” in the subject line or call 833.289.1020.

If you exercise your rights as a user, in accordance with local law, NSM will not deny you products or services, charge you different prices for services or products, or provide you a different quality of products or services.

YOUR PRIVACY RIGHTS IN CALIFORNIA

If you are a California resident, the California Consumer Privacy Act grants you the right to request information about how we share certain categories of personal information with third parties. Information shared by NSM for the benefit of a patient’s treatment, payment, or healthcare operations is governed by HIPAA.  If you have questions, you may contact NSM at feedback@nsm-seating.com or call 833.289.1020.

CHILDREN UNDER THE AGE OF 16

No children under the age of 16 should use our website without their parent(s) or legal guardian’s permission.

POLICY CHANGES

NSM reserves the right, in its sole discretion, to revise, change, amend or modify this Privacy Notice at any time. If NSM makes material changes to this Privacy Notice that affect the collection, use, or disclosure of Location Data or in-app permissions data, NSM will provide notice by posting the updated Privacy Notice with a revised “Last Updated” date on NSM’s website. NSM encourages you to review this Privacy Notice periodically. Your continued use of the Applications after the posting of changes shall constitute acceptance of any such changes, except where additional consent is required by applicable law.

SMS Text Messages Terms and Conditions

These SMS Text Messages Terms and Conditions (these “SMS Terms”) supplement the Terms of Use available at https://www.nsm-seating.com/terms-of-use-agreement/.  For purposes of these SMS Terms, “you”, “your”, or “User” refers to the individuals who receives SMS text messages from National Seating & Mobility, Inc., and its subsidiaries (collectively referred to as “NSM”, “we”, “us”, or “our”). From time to time, you may sign up for receiving text messages (SMS and MMS) from NSM or our authorized third parties through registration, completing a Client Interest Form, texting a designated shortcode, or scanning any QR code made available by us.

BY OPTING INTO SMS FROM A WEB FORM OR OTHER MEDIUM, YOU ARE AGREEING TO RECEIVE SMS MESSAGES FROM NATIONAL SEATING & MOBILITY. THIS INCLUDES SMS MESSAGES FOR ACCOUNT NOTIFICATIONS, DELIVERY NOTIFICATIONS AND CUSTOMER CARE.

User Acknowledgements: You represent and warrant that you are eighteen (18) years of age or older and the primary owner of the telephone number provided.  You understand and acknowledge that such text messages may be for telemarketing and advertising purposes or operational purposes (e.g., registration, placing an order, information requests, or confirmations).  You understand and acknowledge that such messages may be sent by us or our third-party service providers using an automatic telephone dialing system or other automated means (e.g., automated text, pre-recorded messaging, or AI generated SMS).  Consent is not required for your use and access to our Services.

Unsubscribe / Opt-Out: You may unsubscribe from receiving SMS from us at any time by: (1) replying “STOP” or (2) clicking the unsubscribe link (where available).

Additional Information: MESSAGE FREQUENCY VARIES AND MAY BE SENT AT ANY TIME OF DAY, INCLUDING ON WEEKENDS OR HOLIDAYS.  MESSAGE AND DATA RATES MAY APPLY as provided in your mobile telephone service plan.  Please contact your mobile carrier for details.  The delivery of SMS text messages is subject to effective transmission from your mobile service provider and is outside of our control.  We are not liable for delayed or undelivered messages. For assistance, text HELP.

SMS Consent: Mobile opt-in and SMS consent will never be shared or sold to any third party or affiliates.

Disclaimers: To the maximum extent permitted by laws: (i) all information contained in SMS text messages is “AS IS” without warranty of any kind, either express or implied, including, but not limited to, any implied warranties of merchantability, fitness for a particular purpose, or non-infringement; and (ii) we expressly exclude any liability for any direct, indirect, or consequential loss or damage incurred by any User in connection with the receipt, use, failure of, or inability to use, SMS text messages.

Governing Law; Dispute Resolution

(i)        Governing Law: To the fullest extent permitted by law, these SMS Terms and any claim or dispute arising out of or related to these SMS Terms will be governed by and construed in accordance with the laws of the State of Tennessee without regard to its choice of laws or principles. You agree that any legal action or proceeding between you and NSM will be commenced within one year after the claim or cause of action arises.

(ii)      Arbitration. For any dispute you have with NSM related to these SMS Terms, you agree to first contact us and make a good faith attempt to resolve it with us informally. Following that, if you still intend to initiate arbitration, you must first send NSM a written Notice of Dispute (“Notice”).  A Notice from you to us must be emailed to compliance@nsm-seating.com (the “Notice Address”).  Any Notice must include (i) the claimant’s name, address, and email address; (ii) a description of the nature and basis of the claim or dispute; (iii) any relevant facts regarding your use of the services; (iv) a description of the nature and basis of the specific relief sought, including the damages sought, if any; and (v) a personally signed statement by the claimant verifying the accuracy of the contents of the Notice.  The Notice must be individualized, meaning it can concern only your specific dispute.  Upon receipt of a completed Notice, the parties shall engage in a good faith effort to resolve the dispute for a period of 60 days.  If the parties cannot reach an agreement to resolve the issues identified in the Notice within 60 days after the completed Notice is received, a party may commence an arbitration proceeding. Compliance with the Notice requirement discussed in this paragraph is a condition precedent to initiating arbitration.

Unless resolved by mutual efforts of both parties, any disputes or claims that may arise out of or in connection with these SMS Terms and for which either party shall seek equitable relief, as well as all differences, disputes or claims arising out of or in connection with this Arbitration Agreement or any transaction or occurrence contemplated hereby shall be finally settled under the Commercial Rules of the American Arbitration Association (“AAA”) in the County of Hamilton, Tennessee by one or more arbitrators appointed in accordance with such rules, except that no punitive damages may be awarded.  The parties together understand and agree that the decision in such arbitration shall be final and binding on both parties, and that a judgment upon any award rendered may be entered in any court having jurisdiction.  You may choose to have the arbitration conducted by telephone or video conference, based on written submissions, or in person. Either party may obtain injunctive relief (preliminary or permanent) and orders to compel arbitration or enforce arbitral awards in any court of competent jurisdiction.

(iii)     CLASS ACTION AND JURY TRIAL WAIVER.  YOU AGREE THAT, TO THE FULLEST EXTENT PERMITTED BY LAW, BY ENTERING INTO THIS ARBITRATION AGREEMENT, EACH PARTY IS WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION LAWSUIT.  ALL CLAIMS MUST BE BROUGHT IN THE PARTIES’ INDIVIDUAL CAPACITY IN ARBITRATION, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING, AND, UNLESS WE AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON’S CLAIMS.  THIS MEANS THAT YOU AND NSM MAY NOT PARTICIPATE IN ANY CLASS, COLLECTIVE, CONSOLIDATED, PRIVATE ATTORNEY GENERAL, OR REPRESENTATIVE PROCEEDING BROUGHT BY ANY THIRD PARTY. NOTWITHSTANDING THE FOREGOING, YOU AND NSM MAY PARTICIPATE IN A CLASS-WIDE SETTLEMENT.

You may opt out of binding arbitration and this class action and jury trial waiver by notifying us in writing within 30 days of agreeing to these SMS Terms, unless a longer period is required by applicable laws. Your written notification must be delivered to us at compliance@nsm-seating.com within 30 days after you have accepted these SMS Terms and must include your name, your address, and a clear statement that you do not wish to resolve disputes through arbitration.

 

Last Updated: August 15, 2026

 

 

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