BioIntelliSense, Inc.

Privacy Policy

Last modified February 2024

BioIntelliSense, Inc (“BioIntelliSense,” “we”, “us,” or “our”) respects your privacy and we are committed to protecting it through our compliance with this privacy policy (“Privacy Policy”).

This Privacy Policy describes the types of information we may collect from you or that you may provide when you visit or use the BioIntelliSense Data-as-a-Service Product and the associated medical wearable devices (including but not limited to our BioButton® and BioHub™), gateway device, mobile applications, cloud data services, and reporting (collectively, the “Product(s)”) and our website and/or software system (“Platform”) or use our services (as provided under our Terms of Use) and our practices for collecting, using, maintaining, protecting and disclosing that information.

This policy applies to information we collect:

• Through the Product or Platform.
• In email, text and other electronic messages between you and BioIntelliSense through the Product or Platform.
• When and where available, through mobile and desktop applications as offered in Product.
• When you interact with our advertising and applications on third party websites and services, if those applications or advertising include links to this Privacy Policy.

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.

Please read this policy carefully to understand our policies and practices regarding your information and how we will treat it. If you do not agree with our policies and practices, you may choose not to use our Product. By accessing or using this Product, you agree to the terms and conditions of this Privacy Policy. This policy may change from time to time and will be posted at https://www.biointellisense.com/legal. Your continued use of this Product after we make changes is deemed to be acceptance of those changes, so please check the policy periodically for updates.

Information We Collect About You and How We Collect It

Health Information. When our Products are used at the direction of or in consultation with a healthcare provider or insurer, 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.

In addition to uses set forth in How We Use Your Information, 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. See How We Use Your Information for more information about our use of PHI and other personal information. 

Some information we collect may be health and/or medical related, however, may not be considered PHI under HIPAA (“Non-PHI Health Information”). For example, if you purchase a Product directly from us or it is provided by your insurer, employer, or similar organization (as opposed to pursuant to instructions, orders or advice from a Provider in connection with your medical treatment) health information collected by the Product would not typically be considered PHI under HIPAA. Nonetheless, unlike many wearable health device manufacturers and providers, we handle your Non-PHI Health Information with the same or substantially similar security (e.g., encryption, access controls and other administrative, technical and physical security safeguards) as we use when we handle and protect your PHI. (See the Data Security section below for additional information about encryption and other security measures.)

We collect several types of information from and about users of our Products and Platform, 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 Platform 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 Platform, 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) includes information about your physical health and condition, such as temperature, respiratory rate, heart rate, activity levels, sleep state, body position, and other similar data.
• Details of your visits to or use of our Product or Platform, including, but not limited to, Internet and web traffic data, location data, information from cookies, pixels, web beacons, session recording and replay, tracking technologies, logs and other communication data and the resources that you access and use on the Product or Platform.
• Information about your computer and internet connection, including your IP address, operating system and browser type.

The technologies we may use for automatic data collection include:

• Cookies (or browser cookies). A cookie is a small file placed on the hard drive of your computer. You may refuse to accept browser cookies by activating the appropriate setting on your browser. However, if you select this setting you may be unable to access certain parts of our Platform when made commercially available. Unless you have adjusted your browser setting so that it will refuse cookies, our system will issue cookies when you direct your browser to the Platform.
• Web Beacons or Pixel Tags. Pages of Platform and our emails may contain small electronic files known as web beacons (also referred to as clear gifs, pixel tags, single-pixel gifs) and other tracking technologies 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).

Not for Use by Minors

Our Platform and Products are not intended for use by minors under the age of 18 (“Minors”). We do not knowingly collect or sell Personal Information from Minors. If you are a Minor, do not use or provide any information on or to the Platform or through any of its features. If we learn we have collected or received Personal Information from a Minor we will delete it. If you are the parent or guardian of a Minor whom you believe might have provided use with their Personal Information, you may Contact Us to request the Personal Information be deleted.

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 Platform.
• 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.
• To present and provide our Product or Platform 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.
• To create statistical data sets to better provide our services, and to improve our products and services, including data analytics and training artificial intelligence models and algorithms (provided however your PHI and other personal information will not be disclosed to or used by third parties for their own purposes).
• 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 Platform, 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 Platform.
• In any other way we may describe when you provide the information.

No Medical Advice. 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 support@biointellisense.com to opt out.

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 Platform and to deliver a better and more personalized service, including, but not limited to, by enabling us to:

• 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 Platform according to your individual interests or needs.
• Recognize you when you return to our Platform or use the Product again.

Disclosure of Your Information

We do not share, sell, or otherwise disclose your personal information for purposes other than those outlined in this Privacy Policy. We may use or disclose aggregated or de-identified information about our users, and information that does not identify any individual, without restriction.

We may disclose personal information that we collect or you provide as described in this Privacy Policy:

• 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, care management 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 Platform 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.
• To enforce or apply our Terms of Use (https://www.biointellisense.com/legal) and other agreements, including for billing and collection purposes.
• 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.

Third Party Use of Cookies and Other Tracking Technologies

Google Analytics. We use Google Analytics, a web analytics service provided by Google, Inc. (“Google”) to collect certain information relating to your use of the Product or Platform. Google Analytics uses cookies and other tracking technologies to help the Product or Platform analyze how users use the Product or Platform. You can find out more about how Google uses data when you visit our Product or Platform by visiting “How Google uses data when you use our partners’ sites or apps”, (located at https://policies.google.com/technologies/partner-sites).

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:

• Tracking Technologies. You can set your browser to refuse all or some browser cookies, or to alert you when cookies are being sent. If you disable or refuse cookies, please note that some parts of this Product or Platform may then be inaccessible or not function properly.
• 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.

Accessing and Correcting Your Information

You can change your personal information sending us an email at support@biointellisense.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.

Data Security

Our goal is to protect your Personal Information submitted to us through this Product or Platform. 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 Product and within BioCloud™ as well as encrypting during transmission (in motion) between the Product(s) and to Application. 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 Platform. 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 Platform.

Supplemental Disclosures and Rights Based on State Law

In addition to the disclosures and rights set forth elsewhere in this Policy, you and other users may have certain rights based on applicable state law, for example, California Consumer Privacy Act (CCPA), as amended by the California’s Privacy Rights Act (CPRA). Other states have passed consumer privacy laws that may be applicable to BioIntelliSense and your use of this Site. These supplemental disclosures and rights apply to you and your use of our Platform to the extent applicable state law applies to BioIntelliSense and your use of our Platform. Please contact us if you have any questions regarding your rights under applicable state law.

Categories of Personal Information Collected

As described in more detail in other areas of our Privacy Policy, we collect and/or disclose Personal Information about you when you visit use our Platform, including information about you that you provide to us, and information that we automatically collect from you or your computer or device as you use our Platform.

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 applicable state law (e.g., PHI covered under HIPAA and medical information may be covered under HIPAA and other state laws).

Categories of Sources From Which We Have Collected Personal Information

We collect Personal Information directly from you, for example when you provide it to us, when you contact us through our Platform, when you create a BioIntelliSense account; and indirectly from you automatically through your computer or device as you use our Platform. We may also collect Personal Information about you from our advertising partners and service providers.

Use of Personal Information

We do not sell your Personal Information and have not done so in the prior 12 months from the effective date of this Policy. We may use or disclose the personal information we collect for our business purposes described elsewhere in this Privacy Policy.

Sharing Personal Information

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 customer support and care management services.  We disclose your Personal Information to certain third parties such as our vendors, business partners, service providers, including companies that assist us with customer support and care management services.

Access Request Rights

You may 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, below. 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 disclosed your Personal Information for a business purpose, two separate lists disclosing:
    • Disclosures for a business purpose, identifying the Personal Information categories that each category of recipient obtained.

Deletion Request Rights

You may have the right to request that BioIntelliSense delete your Personal Information that we collected from you and retained, subject to certain exceptions under applicable law (such as to comply with legal obligations, resolve disputes, or enforce or Terms of Use or other rights). 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 under applicable law apply. Additionally, if we have collected your Personal Information in connection with your use of our Platform or Products as required, prescribed, or instructed by your Provider, we are obligated to coordinate with your Provider with respect to such deletion request(s).

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 (888)-908-8804
  • Emailing us at support@biointellisense.com
  • Only you or your legal representative authorized to act on your behalf, may make a verifiable consumer request related to your Personal Information. 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 whether 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.

Non-Discrimination

We will not discriminate against you for exercising any of your rights under applicable state law. Unless permitted by applicable law, 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 with 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. You may request this information once per calendar year. To make such a request, please contact us by email at support@biointellisense.com. 

International Users

Our Platform is not intended for use by and is not directed to residents of the European Union. All personal information and other data are stored and processed in the United States. By using and accessing our site, users who reside or are located in countries outside of the United States agree and consent to the transfer to and processing of personal information on servers located outside of the country where they reside, and that the protection of such information may be different than required under the laws of their residence or location.

Notice of Changes to Our Privacy Policy

We reserve the right to make changes to this Privacy Policy at any time. It is our policy to post any changes we make to our Privacy Policy on this page. If we make material changes to how we treat our users’ personal information, we will notify you by email to the email address specified in your account if we have an email address for you. All changes are effective immediately upon posting to this page; the date the Privacy Policy was last revised is identified at the top of the page. You are responsible for ensuring we have an up-to-date active and deliverable email address for you, and for periodically visiting this Privacy Policy to check for any changes.

Contact Information

To ask questions or comment about this Privacy Policy and our privacy practices, contact us at: BioIntelliSense, Inc., 17301 W Colfax Avenue, Suite 152 Golden, CO 80401; Email: support@biointellisense.com.

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