DATA PROCESSING NOTICE

Last Updated: September 9, 2022

1.  OVERVIEW

Modus Health, LLC, a Delaware limited liability company, its subsidiaries and affiliates (“we”, “our”, or “us”) are committed to maintaining the accuracy and security of the personal information of our customer’s clients (“you” or “your”), that we collect, use, process, share, and store when you use our products and services (“Products and Services”) to participate in research, clinical trials, and clinical care conducted by our customers, as further described in this data processing notice (“Data Processing Notice”). 

We collect, use, process, share, and store your personal information on behalf of and under the direction of our customers.

This Data Processing Notice explains: 

  • Categories of personal information that we collect and when we collect personal information;
  • Our use, processing and storage of your personal information; 
  • Providing your personal information to third parties and transfer of personal information;
  • Your privacy rights;
  • Protecting your personal information; 
  • Contact information about this Data Processing Notice; and
  • Changes to this Data Processing Notice.

2.  CATEGORIES OF PERSONAL INFORMATION THAT WE COLLECT AND WHEN WE COLLECT PERSONAL INFORMATION

We collect information that identifies, relates to, describes, references, is reasonably capable of being associated with or could reasonably be linked, directly or indirectly, with you (“personal information”). Personal information does not include publicly available information from government records or de-identified or aggregated information.

We may collect, store and use different categories of personal information about you, including:

  • Nominal information: ID, session name
  • Personal information: first and last name
  • Physical attribute information: height, stride length, whether runner or not; if impaired or not and to what degree (slightly or severely)
  • Health information: steps over time, monitor walking over time
  • Internet/device information: anonymous device ID, ephemeral binding SID, name of any Bluetooth devices nearby when connecting to our products (i.e. Smart TV).
  • Content: text messages and other content 

We collect your personal information when you interact with our customers using our Products and Services.

3. OUR USE, PROCESSING, AND STORAGE OF YOUR PERSONAL INFORMATION

We use, process, and store your personal information only on behalf of and under the direction of our customers.

We will not discriminate against you by denying you our Products and Services or providing a different level or quality for our Products and Services.

In some instances, we may use your personal information in combination with information belonging to others. In this process, we use various methods to remove the identifying portions of any personal information before combining it with the information of others. The output of this process is aggregate data, which is incapable of identifying you or any others. We use this aggregate data for several reasons, including improving our Products and Services and how we deliver them to you.

We will store your personal information in the United States or any other countries where our Service Providers operate, and will store it for the length of time as directed by our customers or if we are required to keep it longer for legal or reporting requirements. 

Automated Processing. We do not conduct automated decision-making processing; such as profiling.

We do not sell personal information. We do not sell your personal information to third parties for a monetary payment or something else of values received in return. However, we may provide your personal information to third parties where we do not receive a monetary payment (as described in the next section). 

Do Not Track. Our Products and Services do not respond to Do Not Track browser settings and we do not participate in any Do Not Track frameworks that would allow us to respond to you.

Children’s Personal Information. We use, collect, process, and store the personal information of children under the age of eighteen, but only for the purpose of research, clinical trials, and clinical care at the direction of our customers and in accordance with the contractual agreements between us and our customers and applicable data protection laws.

4. PROVIDING YOUR PERSONAL INFORMATION TO THIRD PARTIES AND TRANSFER OF PERSONAL INFORMATION

We may provide your personal information to third parties, where we do not receive a monetary payment, including:

  • To our customers: To engage with you during the research, clinical trial, or clinical care.
  • To Service Providers: A “Service Provider” is a company or person which processes your personal information for a business purpose under a contractual agreement between us and the Service Provider. We may transfer your personal information to a third party Service Provider for business purposes. Examples of a business purpose are: hosting our servers.
  • Public Authorities and Legal Proceedings: To respond to a subpoena, warrant or other legal processes issued by a court or public authority; discovery requests and demands as part of a civil lawsuit or similar legal process with  the authorization of our customers; unless required to comply with applicable laws.
  • Professional Advisors: To our attorneys and accountants who assist us in providing our Products and Services to our customers.

If you reside outside of the United States, we may transfer your personal information to the United States or any other countries where our Service Providers operate. If we do transfer your personal information to the United States or any other country which may not have data protection laws as protective as the country that you reside in, we will put in place the required safeguards so that the transfer of your personal information complies with data protection laws. 

5. YOUR PRIVACY RIGHTS

Subject to applicable laws, you may have the following additional rights:

  • Access to your personal information. 
  • Correction (also known as Rectification) of your personal information.
  • Deletion (also known as the Right to be Forgotten) of your personal information.
  • Restrict Processing of your personal information.
  • Portability (in machine readable format) of your personal information.
  • Objection of certain processing of your personal information.
  • Opt-Out of certain marketing, if any.
  • Withdraw Consent of processing of your personal information.
  • Lodge a Complaint about our use, collection, processing or storage of your personal information.

In order to exercise any of your rights as outlined in this Section 5, please contact the company/institution/hospital that is conducting the research/clinical trials/clinical care that you are participating in because we have no way to validate your identity. The company/institution/hospital will contact us regarding your rights and we will comply with the directions provided by the company/institution/hospital.

6. PROTECTING YOUR PERSONAL INFORMATION

We are committed to protecting the security of the personal information that we collect from you. We use reasonable physical, technical, and administrative measures to help protect your personal information from the risk of accidental loss, and unauthorized or inappropriate access, destruction, use, modification, or disclosure.

7. CONTACT INFORMATION ABOUT YOUR RIGHTS UNDER THIS DATA PROCESSING NOTICE

If you have any questions regarding the collection, processing or storage of your personal information as specified in this Data Processing Notice, please contact us at [email protected].

8. CHANGES TO THIS DATA PROCESSING NOTICE

We may change this Data Processing Notice at any time. A revised version of this Data Processing Notice will be available on our website. By accessing and using our Products and Services, you agree to any revisions of this Data Processing Notice.

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