This Policy describes how Company collects, protects, and uses information we receive from users of the App. This Policy outlines how we deal with any personal data you provide through the App.
PLEASE READ THIS POLICY CAREFULLY BEFORE USING THE APP. THIS POLICY APPLIES ONLY TO INFORMATION COLLECTED THROUGH THE APP AND NOT TO INFORMATION COLLECTED OFFLINE OR THROUGH ANY OTHER MEANS (EVEN IF AFFILIATED WITH COMPANY).
BY ACCEPTING THIS POLICY AND USING THE APP, YOU AGREE TO AND ARE BOUND BY THE TERMS, CONDITIONS, POLICIES AND NOTICES CONTAINED IN THIS POLICY, INCLUDING WITHOUT LIMITATION, CONDUCTING THIS TRANSACTION ELECTRONICALLY AND A CHOICE OF FLORIDA LAW.
COMPANY MAY MODIFY THIS POLICY AT ANY TIME, AT ITS DISCRETION, AND MODIFICATIONS ARE EFFECTIVE UPON BEING POSTED ON THE APP. YOU ARE RESPONSIBLE FOR REVIEWING THIS POLICY PERIODICALLY TO ENSURE THAT YOU ARE AWARE OF ANY CHANGES TO IT BECAUSE YOUR CONTINUED USE OF THE APP WILL MEAN THAT YOU ACCEPT SUCH CHANGES. IF YOU DO NOT AGREE WITH THIS POLICY, OR ANY SUBSEQUENT MODIFICATIONS TO THIS POLICY, YOU MUST NOT ACCESS OR USE THE APP.
2. The Information We Collect. We may collect personal and other information from you when you provide information to us or whenever you interact with us via the App. There are two kinds of information websites and interactive applications can obtain about you: (A) Anonymous Information and (B) Personally Identifiable Information. This Section details what types of Anonymous Information and Personally Identifiable Information we collect from you when you access or use the App.
(A) Anonymous Information. “Anonymous Information” is data that does not contain information that identifies an individual, which websites and online services use to administer their sites and provide their products and services. Anonymous Information can include certain personally identifiable information that has been de-identified; that is, information that has been rendered anonymous. It may include such information as your browser or device type, your Internet Protocol (IP) address, or information related to your use of the App, such as the page served, time of request, preceding page viewed, referring web site address, and other similar information, and may include the use of “cookies” or other tracking technologies. Company may from time to time retain third parties to help us collect and aggregate anonymous information about visitors’ use of the App. For example, we and our service providers may collect the following:
- Device Information. We may collect non-personal information about the computer, mobile device, or other device you use to access the App, such as IP address, geolocation information, unique device identifiers, browser type, browser language, and other transactional information. Web servers automatically identify your device by its IP address. We do not link IP addresses to any Personally Identifiable Information, even if such information is voluntarily provided by a user or visitor. The App also may gather anonymous “traffic data” that does not personally identify you, but that may be helpful for marketing purposes or for improving the products and services we offer.
(B) Personally Identifiable Information. “Personally Identifiable Information” is any information that personally identifies you, such as your name, email address, billing address, shipping address, credit card information, or your telephone number. You provide your Personally Identifiable Information to us in a variety of ways when you interact with the App. Sometimes this personal information is needed when you register for participation in certain features of the App, subscribe to our email communications, comment on blogs, or when you contact us. For example, you may be asked to provide the following information:
- Information from Your Use of the App. Use of the App will result in the collection and transmission of certain data related to your ingestion events through the use of the ID-Cap System, including the time at which the ingestible sensor is ingested, possibly the type or dose of medication that a patient may co-ingest with the ingestible sensor, historical data regarding ingestion patterns or ingestion events, custom reminders created by you or your Provider, and other communications that may be exchanged between you and your Provider through the App.
- Communications. We may offer users of the App the opportunity to sign up to receive email notices, promotions, and other communications from us. In order to sign up for these communications, we may ask for your contact information, such as name, email address, and zip code. We also may offer the opportunity for you to receive other communications that we think may be of interest to you.
3. Third Parties that may Receive the Information We Gather. The App acts as a conduit to transmit your ingestion event information to Providers as well as any messages sent through the App or information collected via the App. The Company does not disclose your information to any third party, other than Providers, unless you have given your express written consent.
4. How we use Gathered Information. In addition to the uses described above, the information you share with us may be used as follows:
(B) Personally Identifiable Information. Personally Identifiable Information collected by Company may be used for purposes including administration of the App, account registration and maintenance, communications with you, and communications with Providers.
Some browsers have a “do not track” feature that lets you indicate that you do not wish to have your online activities tracked. These features are not yet uniform, so we do not currently respond to such features or signals. Therefore, if you select or turn on a “do not track” feature in your web browser or block or delete tracking cookies, Company and its third-party providers may continue collecting information about your online activities as described in this Policy.
We may also disclose Personally Identifiable Information if we are required to do so by law or we in good faith believe that such action is necessary to (a) comply with the law or with legal process; (b) protect and defend our rights and property; (c) protect against misuse or unauthorized use of the App; or (d) protect the personal safety or property of our users or the public. Please note we may not provide you with notice prior to disclosure in such cases.
We may also use and disclose Personally Identifiable Information as you have authorized, either to the Company or to third parties, such as Providers, pharmaceutical manufacturers, or health care organizations.
3. OPT-OUT. By use of the App, you permit Company to use or disclosure your information as described herein. To opt-out of further use and disclosure, you must discontinue use of the App. Discontinuation of use of the App will not necessarily result in no further use by Company of your Anonymous Data already provided before your discontinuation.
5. SECURITY. Security of information communicated by or to us over the Internet is of utmost concern to us; however, no data transmission over the Internet can be guaranteed to be 100% secure. The App incorporates reasonable safeguards to protect the security, integrity and privacy of the personal information we collect via the App. We have put in place reasonable precautions to protect information from loss, misuse, and alteration. Please do not use email to communicate information to us that you consider confidential. While we strive to protect your personal information, Company cannot ensure or warrant the security of any information you transmit to us or through the App.
6. DISCLOSURE OF INFORMATION THROUGH BUSINESS TRANSFERS. As we continue to develop our business, we may buy, merge, or partner with other companies or businesses, and in so doing, acquire customer or user information. In such transactions, user information may be among the transferred assets. Similarly, in the event that a portion or substantially all of Company assets are sold or transferred to a third party, customer or user information (including Personally Identifiable Information) would likely be one of the transferred business assets.
7. OUR COMMITMENT TO CHILDREN’S PRIVACY. Protecting the privacy of children is very important to us. We do not collect or maintain information obtained through the App from those we actually know are under 13, no part of the App is structured to attract anyone under 13, and we do not knowingly collect or use the personal information of minors for marketing purposes. Please note that if you are under 18, you may not access or use the App.
9. CONSENT; GOVERNING LAW AND VENUE. The App is controlled, operated, and administered entirely within the United States; provided, from time to time, User Data may be transmitted to or accessed from jurisdictions outside of the United States. This Policy and the use of the App are governed by the laws of the State of Florida, without giving effect to its conflicts of law rules. Any claim related to the App or this Policy shall be brought exclusively in a court of competent jurisdiction located in the State of Florida, within one year after the claim arises. Users of the App consent to the exclusive jurisdiction and venue of such courts as the most convenient and appropriate for the resolution of disputes concerning this Policy. This Policy and the notices outlined herein are not intended to and do not create any contractual or other legal rights in or on behalf of any third party.
12. ACCOUNT REVISIONS, REVOKING & DELETING PERSONAL INFORMATION. We welcome your questions, comments and all feedback pertaining to your privacy or any other issue with regard to the App. You may contact us at support@etectRx.com.
13. Miscellaneous. Any headings contained herein are for directory purposes only, do not constitute a part of this Policy, and shall not be employed in interpreting this Policy.
Last updated and effective as of March 6, 2020.