This policy applies to information we collect:
- Through the Product or Portal.
- In email, text and other electronic messages between you and BioIntelliSense through the Product or Portal.
- When and where available, through mobile and desktop applications as offered in Product.
It does not apply to information collected by:
- Us through any other means, including on any other website operated by us (such as www.biointellisense.com); or
- Any third party (including our affiliates and subsidiaries), including through any application or content that may link to or be accessible from the Product.
Note, BioIntelliSense is not a medical group. Any medical advice or care obtained through our Product or the use of our Services will be provided by your health care providers (each, a “Provider”), not BioIntelliSense. Your Provider is responsible for providing you with a Notice of Privacy Practices describing its collection and use of your health information, not BioIntelliSense. If you do not agree to be bound by those terms, you are not authorized to access or use our Product, and you must promptly discontinue use of our Product.
Health Information. Some information BioIntelliSense collects constitutes protected health information (“PHI”) under the U.S. Health Insurance Portability and Accountability Act (“HIPAA”). As set forth above, your Provider will provide you with a Notice of Privacy Practices describing its collection and use of your health information, not BioIntelliSense, Inc. Accordingly, BioIntelliSense will use PHI only for the purpose for which it was collected, and we only collect the information we need to fully perform our services, to respond to you or your Provider, or as otherwise permitted by the Provider or applicable law. We may use your PHI to contact you, to provide requested services, to provide information to your Providers and insurers, to obtain payment for our services, to respond to your inquiries and requests, to improve our products or services, and to respond to inquiries and requests from your Providers and benefits program. We may combine your information with other information about you that is available to us, including information from other sources, such as from your Providers, insurers or benefits program, in order to maintain an accurate record of our participants. PHI will not be used for any other purpose, including marketing, without your consent.
CHILDREN UNDER THE AGE OF 18
INFORMATION WE COLLECT ABOUT YOU AND HOW WE COLLECT IT
We collect several types of information from and about users of our Product or Portal, including information:
- By which you may be personally identified, such as name, mailing address, email address, telephone number, date of birth, gender, medical history, health information, or other information defined as “Protected Health Information” under HIPAA/HITECH laws and regulations;
- Automatically collected by one or more of our Products;
- About your use of our Product, time and date of visits to our Product and information about your wearable BioIntelliSense device (including a unique identifier for your BioIntelliSense device); and/or
- About your internet connection, the equipment you use to access our Product and usage details.
We collect this information:
- Directly from you when you provide it to us.
- Automatically as you use our Product.
- From third parties; for example, our business partners.
Information You Provide to Us. The information we collect on or through our Product or Portal may include:
- Information that you provide by filling in forms on or in association with our Product. This includes information provided at the time of registering to use our Product, subscribing to or purchasing our services, posting material or requesting further services. We may also ask you for information when you report a problem with our Product.
- Records and copies of your correspondence (including email addresses), if you contact us.
- Your responses to surveys that we might ask you to complete for research purposes.
- From use of our wearable BioIntelliSense device and through your Provider.
Information We Collect Through Automatic Data Collection Technologies. When you use and interact with our Product, and as you navigate through and interact with our Portal, we may use automatic data collection technologies to collect certain information about your physical health and condition, your equipment, browsing actions and patterns, including:
- Information collected automatically by our Product(s) may include information about your physical health and condition, such as respiratory rate, heart rate, temperature, activity level, sleep duration, body position, step count, gait analysis, coughing, sneezing and vomit frequency and other symptomatic or biometric data. The Product(s) may also be configured to track and record proximity and duration data in relation to other Product(s).
- Details of your visits to or use of our Product or Portal, including, but not limited to, Internet and web traffic data, location data, information from cookies, logs and other communication data and the resources that you access and use on the Product or Portal.
- Information about your computer and internet connection, including your IP address, operating system and browser type.
We may also collect information about your online activities over time and across third party websites or other online services (“behavioral tracking”). Please email us at email@example.com for information on how you can opt out of behavioral tracking on this Portal and how we respond to web browser signals and other mechanisms that enable consumers to exercise choice about behavioral tracking.
The technologies we may use for automatic data collection include:
- Web Beacons or Pixel Tags. Pages of Portal and our emails may contain small electronic files known as web beacons (also referred to as clear gifs, pixel tags and single-pixel gifs) that permit us, for example, to count users who have visited those pages or opened an email, and for other related statistics (for example, recording the popularity of certain content and verifying system and server integrity).
HOW WE USE YOUR INFORMATION
Depending on your particular circumstances, we may use information that we collect about you or that you provide to us, including any personal information:
- To provide you with the functionality, features and services available through use of our Product and Portal.
- For monitoring and collecting information about your health and physical condition for your use and (subject to compliance with applicable laws) use by your Provider in connection with healthcare treatment and care coordination, including where applicable and available, video and audio-based telehealth services.
- For COVID-19 screening and contact tracing without geo-location privacy concerns.
- To present and provide our Product or Portal and its contents to you.
- To process, fulfill, support, and administer your account, products, and services ordered or requested by you;
- To provide you with information, products, or services that you request from us.
- To fulfill any other purpose for which you provide it.
- To provide you with notices about your account, including expiration and renewal notices.
- To administer surveys, promotions, or contests.
- To create statistical data sets to better provide our services, and to improve our products and services.
- To carry out our obligations and enforce our rights arising from any contracts entered into between you and us, including for billing and collection.
- To notify you about changes to our Product or Portal, our policies, terms or any products or services we offer or provide though it.
- To allow you to participate in interactive features on our Product or Portal.
- In any other way we may describe when you provide the information.
COVID-19 Screening and Contact Tracing. As noted above, our Product (e.g., the BioButton) can be used to facilitate COVID-19 screening and contact tracing by the Product user or third parties, such as the user’s employer,school, other organizations in which the user is involved, or other organizations (collectively, “Information Recipients”) . Please note that the contact tracing functionality consists of proximity and duration to another BioButton, without any information about the precise or near-precise geographic location. Our technology does not track or know where the user is located geographically. If you use a BioButton for contact tracing purposes, your health information is under your direct control, and is not shared with Information Recipients. Information Recipients only know if you have been “cleared” or “not cleared” based on CDC guidelines, recognized clinical standards and practices, and information provided by you in response to screening questions and the information collected by the BioButton.
The BioButton and BioIntelliSense system are limited to screening for symptoms, behaviors and vital sign trends that may indicate a particular individual may be at risk of an infectious process, including COVID. It does not in any way interpret, or make an interpretation or diagnosis of infection, including COVID. Furthermore, due to the nature and complexities involved in detecting, diagnosing and predicting diseases, the technology does not identify all individuals who may nonetheless be experiencing an infectious process, including COVID. Additionally, the automated contact tracing assistance (e.g., proximity measurements) facilitated by our Product(s) is not guaranteed to any particular level of precision, and the effectiveness and availability will vary depending on usage, environment, network connectivity, etc. With the appropriate patient consent and sharing, data collected by the BioButton may be transmitted to a trained medical professional who may choose to use this information as part of their clinical assessment.
You understand our Product(s) do not render medical advice or diagnose or prevent any specific disease, including any communicable disease or virus. If you have any concerns about your health, including whether you have been exposed to or have contracted any disease or virus, immediately contact your healthcare provider.
Advertising. With your consent, we may also use your information to contact you about our own goods and services that may be of interest to you. If you wish to opt-out of receiving such communications, you may do so at any time by clicking unsubscribe at the bottom of these communications or by emailing us at firstname.lastname@example.org to opt out.
We may use the information we have collected from you to enable us to display advertisements to our advertisers’ target audiences. Even though we do not disclose your personal information for these purposes without your consent, if you click on or otherwise interact with an advertisement, the advertiser may assume that you meet its target criteria.
The information we collect automatically is statistical data and may include personal information, or we may maintain it or associate it with personal information we collect in other ways or receive from third parties. It helps us to improve our Product or Portal and to deliver a better and more personalized service, including, but not limited to, by enabling us to:
- Targeted and interest-based advertising.
- Estimate our audience size and usage patterns.
- To improve our products and services;
- Store information about your preferences, allowing us to customize our Product or Portal according to your individual interests or needs.
- Recognize you when you return to our Portal or use the Product again.
DISCLOSURE OF YOUR INFORMATION
- To contractors, service providers and other third parties we use to support our business and who are generally bound by contractual obligations to keep personal information confidential and use it only for the purposes for which we disclose it to them. The services provided by these organizations include providing IT and infrastructure support services and marketing services.
- To a buyer or other successor in the event of a merger, divestiture, restructuring, reorganization, dissolution or sale or transfer of some or all of our assets, whether as a going concern or as part of bankruptcy, liquidation or similar proceeding, in which personal information held by us about our Product or Portal users is among the assets transferred, and you agree to and do hereby consent to our assignment or transfer of rights to your personal information.
- To fulfill the purpose for which you provide it.
- For any other purpose disclosed by us when you provide the information.
- As directed, consented to, or authorized by your Provider.
- To comply with any court order, law or legal process, including responding to any government or regulatory request.
- If we believe disclosure is necessary or appropriate to protect the rights, property, or safety of our company, our customers or others. This includes exchanging information with other companies and organizations for the purposes of fraud protection and credit risk reduction.
- For any other purpose with your consent.
We do not control these third parties’ tracking technologies or how they may be used. These third parties may aggregate the information they collect with information from their other customers for their own purposes. If you have any questions about an advertisement or other targeted content, you should contact the responsible provider directly.
CHOICES ABOUT HOW WE USE AND DISCLOSE YOUR INFORMATION
We strive to provide you with choices regarding the personal information you provide to us. We have created mechanisms to provide you with the following control over your information:
- Promotional Offers from Us. If you do not wish to have your email address or other contact information further used by us to promote our own products or services, you can opt-out by clicking on the “unsubscribe” link at the bottom of the email. If we have sent you a promotional email, you may send us a return email asking to be omitted from future promotional email distributions. This opt out does not apply to information provided by us as a result of a product purchase, warranty registration, product service experience, or other transactions.
To learn more about interest-based advertisements and your opt-out rights and options, visit the Digital Advertising Alliance and the Network Advertising Initiative websites (www.aboutads.info and www.networkadvertising.org). Please note that if you choose to opt out, you will continue to see ads, but they will not be based on your online activity. We do not control third parties’ collection or use of your information to serve interest-based advertising. However, these third parties may provide you with ways to choose not to have your information collected or used in this way. You can also opt out of receiving targeted ads from members of the NAI on its website.
ACCESSING AND CORRECTING YOUR INFORMATION
You can change your personal information sending us an email at email@example.com to request access to, or to correct or delete any personal information that you have provided to us. We may not be able to delete your personal information except by also deleting your user account where one exists. We may not accommodate a request to change information if we believe the change would violate any law or legal requirement or cause the information to be incorrect.
With respect to any PHI BioIntelliSense may obtain, you have certain rights under HIPAA to access your data, to restrict use and disclosure of it, to request communication methods, to request corrections to your data, to receive an accounting of disclosures and to receive notice of any breach. To exercise these rights, we may direct you to your Provider to fulfill your request or seek your Provider’s permission to do so before fulfilling such request. See the Notice of Privacy Practices provided to you by your Provider for more information.
Our goal is to protect your Personal Information submitted to us through this Product or Portal. We maintain reasonable administrative, organizational, and technical safeguards to protect and limit access to your personal information. This includes encrypting the data at rest on the BioSticker, BioButton and within BioCloud as well as encrypting during transmission (in motion) between the BioSticker, BioButton, BioHub, BioCloud and to our client’s applications. However, no method of transmission over the Internet or electronic storage technology is 100% secure. Therefore, while we take reasonable measures to safeguard your personal information, we cannot guarantee its absolute security.
Although we do our best to protect your personal information, we cannot guarantee the security of your personal information transmitted via the Internet to our Product or Portal. Any transmission of personal information is at your own risk. We are not responsible for circumvention of any privacy settings or security measures contained on the Product or Portal.
CALIFORNIA PRIVACY RIGHTS
Categories of Personal Information BioIntelliSense Collects – California Residents
Personal information does not include information that is: (a) publicly available information from government records; (b) de-identified or aggregated consumer information; or (c) certain information excluded from the scope of CCPA (e.g., PHI covered under HIPAA and medical information covered under the CMIA as discussed above).
Categories of Sources from which BioIntelliSense has collected Personal Information
We collect Personal Information directly from you, for example when you provide it to us to when you contact us to our Website for Application, for create an BioIntelliSense account; and indirectly from you automatically through your computer or device as you use our Website or Application. We may also collect Personal Information about you from our advertising partners and service providers.
Use of Personal Information Collected from California Residents
Sharing Personal Information - California Residents
BioIntelliSense may disclose your Personal Information to a third party for one or more business purposes. When we disclose Personal Information for a business purpose, such as to service providers, we enter a contract that describes the purpose and requires the recipient to both keep that Personal Information confidential and not use it for any purpose except performing the contract.
Disclosures of Personal Information for Business Purposes:
We may disclose your Personal Information for our business purposes, such as your contact information, other information you have provided to us and unique identifiers that identify you to us or to our service providers, such as companies that assist us with marketing and advertising. Please refer to Information We Collect About You and How We Collect It for additional information and details.
We disclose your Personal Information to certain third parties such as our health care Provider partners, service providers, including companies that assist us with marketing and advertising. For additional information please refer to “How We Use Your Information” and “Disclosure of Your Information”).
Access Request Rights
California residence have the right to request that BioIntelliSense disclose certain information to you about our collection and use of your Personal Information over the past 12 months for the above business and commercial purposes. To submit an access request, see Exercising Access and Deletion Rights. Once we receive and confirm your verifiable consumer request, we will disclose to you:
- The categories of Personal Information we collected about you.
- The categories of sources for the Personal Information we collected about you.
- Our business or commercial purpose for collecting that Personal Information.
- The categories of third parties with whom we share that Personal Information.
- The specific pieces of Personal Information we collected about you.
If we sold or disclosed your Personal Information for a business purpose, two separate lists disclosing:
- sales, identifying the Personal Information categories that each category of recipient purchased; and
- disclosures for a business purpose, identifying the Personal Information categories that each category of recipient obtained.
Deletion Request Rights
California residents have the right to request that BioIntelliSense delete your Personal Information that we collected from you and retained, subject to certain exceptions. Once we receive and confirm your verifiable consumer request, we will delete (and direct our service providers to delete) your Personal Information from our records, unless certain exceptions apply.
Exercising Access and Deletion Rights
To exercise the access and deletion rights described above, please submit a verifiable consumer request to us by either:
- Calling us at 1-888-908-8804
- Emailing us at firstname.lastname@example.org
Only you, or a person registered with the California Secretary of State that you authorize to act on your behalf, may make a verifiable consumer request related to your Personal Information. You may also make a verifiable consumer request on behalf of your minor child. You may only make a verifiable consumer request for access twice within a 12-month period. The verifiable consumer request must:
- Provide sufficient information that allows us to reasonably verify you are the person about whom we collected Personal Information or an authorized representative.
- Describe your request with sufficient detail that allows us to properly understand, evaluate, and respond to it.
We will not discriminate against you for exercising any of your CCPA rights. Unless permitted by the CCPA, we will not:
- Deny you goods or services.
- Charge you different prices or rates for goods or services, including through granting discounts or other benefits, or imposing penalties.
- Provide you a different level or quality of goods or services.
- Suggest that you may receive a different price or rate for goods or services or a different level or quality of goods or services.
Other California Privacy Rights
California Civil Code Section 1798.83 (California’s “Shine the Light” law) permits users of our Website that are California residents and who provide Personal Information in obtaining products and services for personal, family, or household use to request certain information regarding our disclosure of Personal Information to third parties for their own direct marketing purposes. If applicable, this information would include the categories of Personal Information and the names and addresses of those businesses with which we shared your Personal Information with for the immediately prior calendar year (e.g. requests made in 2020 will receive information regarding such activities in 2019). You may request this information once per calendar year. To make such a request, please contact us by email at email@example.com.
Last modified October 2020