App PRIVACY POLICY

Effective date: October 1st, 2019

SmartBlate, LLC ("SB," "we," "us," or "our") values your privacy. In this Privacy Policy ("Policy"), we describe how we collect, use, and disclose information that we obtain about users of App information compiled during and after SmartBlate Services on behalf of your self and physician provider.

Application and Scope

By using the Services, you acknowledge that your personal information will be handled as described in this Policy and, if payment is made, it will be collected via SB, you consent to the Terms of Sales, which are incorporated by reference into this Policy.

Our Services are made available to you directly through services consented by you, the end-user provided by SB and (our "partners"). We act as a data processor licensed to SB, who is the controller, and SB privacy policy will also apply to how your personal information is collected, used and disclosed. If you have any questions or comments about your privacy rights, please contact SB.

Protecting the privacy of persons under the age of 18 is especially important. For that reason, we never collect or maintain information from persons we actually know are under 18, and no part of our Services are structured to attract anyone under 18. If a person under 18 has provided personal information to us, we ask that a parent or guardian of the person contact us at privacy@smartblate.com if they would like us to stop processing such information and have it removed from our database and we will use all reasonable efforts to do so.

1. Type of Personal Information We Collect About You

We collect information about you directly from you and from third parties that you have authorized to share information with SB as part of services rendered to your care, as well as automatically through your use of the Services. When used in this Policy, personal information means "any information about an identifiable individual."

Information Collected Directly From You: The information collected from you depends on how you use the Services. To use the Services you must create or authorize your caregiver to create an account, we collect your email address and payment information. If you create an account for your use of the Services, we also collect your email address, name, country of residence, and depending of services requested we may or may not collect payment information. When you contact our customer service center, we will collect your name, contact information, such as your email address and phone number, and your reasons for contacting us.

Information We Collect from Third Parties: We collect information about you from third parties, such as Laboratory information, quality of life questionnaires, Dx, Bx, Tx information and outcomes data that will allow you to have an assistant registry of services rendered by SB. When you use the Services, we may receive information from authorized physicians interested in outcomes of services rendered.

Information We May Collect Automatically: We automatically collect the following information about your use of our Services, including using network management tools. When you navigate the app, we collect: your device type and operating system; if you take a picture of your self this gets encrypted and collected; your IP address, geographic location may be collected by servers that host the app; those may also collect: length of time you visit our Services, information about the amount of bandwidth you use, number of login attempts and any failure recorded.

2. How We May Use Your Information

  • to provide the Services to you, to communicate with you about your use of the Services, to respond to your inquiries, to fulfill your orders, and for other customer service purposes;

  • to tailor the content and information that we may send or display to you, to offer other elements that may benefit your overall health, to create medical appointments and for personalized help and instructions, and to otherwise personalize your experiences while using the Services. For example, we may customize the language of the Services.

  • to better understand how users access and use the Services, both on an aggregated and individualized basis, in order to improve the Services and respond to user desires and preferences and for other research and analytical purposes. For example, we may use this information to better manage the provision of the internet services, or to improve connectivity on given devices or operating systems;

  • to administer surveys and questionnaires;

  • to comply with applicable legal or regulatory obligations, including as part of a judicial proceeding; to respond to a subpoena, warrant, court order, or other legal process; or as part of an investigation or request, whether formal or informal, from law enforcement or a governmental authority; and

  • to protect the safety, rights, property, or security of SB, the Services, any third party or the general public; to detect, prevent, or otherwise address fraud, security or technical issues; to prevent or stop activity that SB, in its sole discretion, may consider to be, or to pose a risk of being, an illegal, unethical, or legally actionable activity; to use as evidence in litigation; to conduct audits and to enforce this Policy and the Terms of Sale.

3. Disclosing Your Personal Information: SB may disclose personal information to our affiliates, service providers and other third parties for the purposes detailed in this Policy. More specifically, we may disclose personal information as follows:

  • Affiliates: We may disclose the information we collect about you to our affiliates or subsidiaries for the purposes described in this Policy; however, if we do so, their use and disclosure of your personal information will be subject to this Policy;

  • Service Providers: We may disclose the information we collect from you to third party vendors, service providers, contractors, processors or agents who provide services on our behalf;

  • Business Transfers: If we are or may be acquired by or merged with another company, if any of our assets are transferred to another company or as part of a bankruptcy proceeding, we may transfer the information we have collected about you to the other company;

  • In Response to Legal Processes: We may also disclose the information we collect from you in order to comply with the law, a judicial proceeding, a court order, or another legal process, such as in response to a subpoena;

  • To Protect Us and Others: We may also disclose the information we collect from you where we believe it is necessary to investigate, prevent, or take action regarding illegal activities, suspected fraud, situations involving potential threats to the safety of any person, violations of our Terms of Sale or this Policy, or as evidence in litigation involving SB; and

  • Aggregate and De-identified Information: We may share aggregate or de-identified or anonymous information about users with third parties for marketing, advertising, research or similar purposes.

4. Our Use of Cookies and Other Tracking Mechanisms: We and our third-party service providers may use cookies and other tracking mechanisms to track information about your use of our Services. We may combine this information with other personal information we collect from you (and our third-party service providers may do so on our behalf).

When you use our Services, we may use the following tracking mechanisms:

  • Cookies- are small text files that are saved on your device’s hard drive through your web browser for record-keeping purposes;

  • Web beacons- are small image files that have information about you, such as your IP address, that can be downloaded when you visit a website or open an e-mail; and

  • Single pixel gifs- are small image files similar to web beacons that allow our third-party tracking tools to gather information, such as your IP address, and provide this back to us in an anonymized aggregate form (i.e. in a manner where we cannot identify you). Aggregate information refers to personal information compiled and expressed in a summary form where no personal identifiers are included.

You may delete or disable certain of these technologies at any time via your browser. However, if you do so, you may not be able to use some of the features on our Services.

5. Third-Party Links: Our Services may contain links to third-party websites, such as advertising sponsors. Any access to and use of such linked websites is not governed by this Policy, but instead is governed by the privacy policies of those third party websites. We are not responsible for the information practices of such third party websites.

6. Retention of Your Personal Information:We will store your personal information for only as long as necessary to fulfill the purposes for which it was collected, except where otherwise required or permitted by law. Once no longer required, your personal information will be securely destroyed or anonymized (so the information no longer identifies you).

Please note that if your personal information is collected by a third party, it will be retained in accordance with the privacy policies and records retention requirements of that third party.

7. Security of Your Personal Information

We have implemented technical and organizational measures to protect the information we collect from loss, misuse, and unauthorized access, disclosure, alteration, and destruction. These measures include physical, administrative and electronic (technological) security measures that are reasonable given the sensitivity of the personal information collected, the amount, distribution and format of the personal information, and the methods of storage. However, there is always a certain level of risk involved when personal information is collected, processed and stored and we are unable to guarantee the security of your personal information.

You should take steps to protect against unauthorized access to your password, phone, and computer by, among other things, signing off after using a shared computer, choosing a robust password that nobody else knows or can easily guess, and keeping your log-in and password private. We are not responsible for any lost, stolen, or compromised passwords or for any activity on your account via unauthorized password activity.

8. Access to Your Personal Information: You may modify personal information that you have submitted by logging into your account and updating your information or requesting specific changes to privacy@smartblate.com. Please note that copies of information that you have updated, modified or deleted may remain viable in cached and archived pages of the Services for a period of time.

If you are a resident of the European Union, please see the Information for EU Data Subjects section below for additional information on accessing your information and other legal rights available to you under European Union law.

9. Information for EU Data Subjects

We process your personal information on the following legal basis:

  • You consented to the processing of your personal information "(for example, when you consent to receiving promotional messages and to sharing your personal information with an advertising sponsor in order to receive a complimentary session on the Services). You may withdraw your consent at any time;

  • Our processing of your personal information is in you and  our legitimate interest; you have a right to object to such "processing as explained in the section below entitled "Your Legal Rights;

  • Our processing of your personal information is necessary to perform a contract or take steps to enter into a contract with you (for example where we "process your payment information when you purchase a session on the Services); and/or

  • Our processing of your personal information is necessary to comply with a relevant legal or regulatory obligation that we have (for example, where we are required to disclose personal information to a court or tax authority).

Your Legal Rights: Subject to certain exemptions, and in some cases dependent upon the processing activity we are undertaking, EU data subjects have certain rights in relation to their personal information. Any change in information may be requested to privacy@smartblate.com

Right to access, correct, and delete your personal information: You have the right to request access to the personal information held about you as well as the following information: (i) the source of your personal information; (ii) the purposes, legal basis and methods of processing; (iii) the data controller’s identity; and (iv) the entities or categories of entities to whom your personal information may be transferred.

You also have the right to request deletion of your personal information.

We are not required to comply with your request to delete personal information if the processing of your personal information is necessary for compliance with a legal obligation or for the establishment, exercise, or defense of legal claims.

Right to restrict the processing of your personal information: You have the right to restrict the processing of your personal information in the following circumstances: (i) you contest the accuracy of the personal information; (ii) the processing is unlawful but you wish to restrict rather than prohibit the processing of your personal information; (iii) the purposes for processing your personal information no longer exist, but you require the personal information for the establishment, exercise, or defense of legal claims; or (iv) you have legitimately objected to the processing of your personal information and the processing is therefore restricted pending the verification of whether the legitimate grounds of the controller override your objection.

We can continue to process your personal information following a request for restriction:

  • if we have your consent;

  • to establish, exercise or defend legal claims; or

  • to protect the rights of another natural or legal person.

Right to data portability: To the extent that we process your personal information (i) based on your consent or under a contract and (ii) through automated means, you have the right to receive such personal information in a structured, commonly used, machine-readable format, from your data controller.

Right to object to the processing of your personal information: You can object to any processing of your personal information which has the legitimate interests of your provider and SB if you believe your fundamental rights and freedoms outweigh our legitimate interests. If you raise an objection, we have an opportunity to demonstrate that we have compelling legitimate interests that override your rights and freedoms.

Right to lodge a complaint with your local supervisory authority: We ask that you please attempt to resolve any issues with your physician provider or SB first if you have concerns about the processing of your personal information, although you have a right to contact your supervisory authority at any time.

How to Exercise Your Rights: If you would like to exercise any of the rights described above, please contact us at privacy@smartblate.com

Cross-border Transfer of Information: SB is certified under the Swiss-US and EU-US Privacy Shields and maintains servers and systems hosted by third party service providers. We also may subcontract the processing of your personal information to, or otherwise share your personal information with, other third parties in the United States or countries other than your country of residence. As a result, where the personal information that we collect through or in connection with the Services is transferred to and processed in the United States or anywhere else outside the European Economic Area (EEA) for the purposes described above, we will take steps to ensure that the information receives an adequate level of protection, including by entering into data transfer agreements, using the EU Commission approved Standard Contractual Clauses, or by relying on certification schemes such as the EU - US Privacy Shield. For more information regarding SB’s participation in the EU-US Privacy Shield, please see SB’s Privacy Shield Privacy Policy which can be accessed at www.privacyshield.gov.

11. Contact Us

If you have questions about this Privacy Policy, you may contact us at privacy@smartblate.com. Please note, however, that we process personal information on physician provider.

12. Changes to this Policy

This Policy is current as of the Effective Date set forth above. We may change this Policy from time to time, so please be sure to check back periodically. We will post any changes to this Policy on our Services. If we make any changes to this Policy that materially affect our practices with regard to the personal information we have previously collected from you, we will endeavor to provide you with notice in advance of such change by highlighting the change on our Services.

Copyright © SmartBlate 2019

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