Welcome to the BrainBaseline iPad or iPhone application (the “Mobile App”).
The Software may contain an informed consent document that changes or modifies the terms of this Agreement or the Terms of Service. Informed consent documents may contain additional restrictions that regulate the use and collection of data gathered on the Mobile App. The informed consent document applies only to applications containing the informed consent document and will not apply to other aspects of the Software without the informed consent document.
DA may periodically change or modify the terms of this Privacy Statement; provided, however, that no such change or modification shall be in contravention of any right to privacy you have in any protected health information under the federal or state law of the United States or other national law. All such changes or modifications to this Privacy Statement will be posted on this web site and accessible via your internet connected, browser enabled iPad or iPhone device (the “iOS Product”). Accordingly, please check this web site from time to time for the most current version of our Privacy Statement. Your continued use of the Software after we have posted a change or modification to the Privacy Statement will constitute your acceptance of such changes or modifications.
The Software may contain links to external web sites. DA does not operate or maintain these sites and therefore is not responsible for the privacy practices of these sites. Please refer to the specific privacy statements posted on these sites for more information.
We may learn certain personal information about you, such as for example your name, e-mail address, postal code, and e-mail preferences (“Personal Information”), if you voluntarily provide this Personal Information to us via the Software. We will not collect, store, analyze, disclose, or otherwise use this Personal Information except as necessary to: process data you have sent us; respond to your queries or requests; provide you with technical support or updates; act in a manner consistent with an informed consent document you signed, if any; or enforce the terms of this Policy Statement, the Agreement, and any other policies or legal requirements governing the use of the Software. In submitting this Personal Information to us, you consent to our use of it for these limited purposes.
Without reference to or the use of any of your Personal Information, the Software may automatically capture and transmit to us information related to your use of the Software (i.e., your “click stream” activity), such as for example: use of the Software and Software tracks in which information is entered, Internet Protocol (“IP”) address, browser type, browser language, domain names, referring and exit pages and URLs, platform type, screens or pages viewed and the order of these views, the amount of time spent on particular screens or pages, and the date and time of your request and one or more cookies that may uniquely identify your browser. The Mobile App may transmit an anonymous ID generated for this Software unique to your iOS Product but will not capture or transmit the UDID of your iOS Product.
Information of this nature may be employed by us to enhance your and others’ use of the Software in ways such as but not limited to these:
arranging the mobile application in the most user-friendly way,
customizing your browsing experience in using this Software,
communicating information about the Software and other offerings to you from us,
responding to your question or suggestions,
administering the Software, developing new features or enhancing usability,
better understanding the needs of our Software users in general.
The information you enter into the Software will be stored on the iOS Product. This information will only be transmitted to us with your consent. To the extent this information contains any medical information, it may be considered protected health information (“PHI”) as that term is defined in the United States by the HIPAA Privacy Rule (see 45 CFR Part 160 and Subparts A and E of Part 164), and by similar laws of other countries. In the event you consent to transmit any such data to us, before we perform any analyses of this information or otherwise use it for the purposes of sub-paragraph b. above, we will de-couple the information collected on any iOS Product from any person-specific information (the “De-Identification Process”) so it is no longer PHI or otherwise identifiable to a specific person (i.e., “Non- Personal Information”). Only our designees will have access to identifiable information or PHI, and such access will be used for the sole purpose of applying the De-Identification Process. Non-Personal Information may also be used in aggregated form for our business purposes, such as generating statistics and supporting research and development, developing marketing plans, and may be combined with other information. We may share or transfer such aggregated, Non-Personal Information with or to our affiliates, licensees and partners. If the application has its own informed consent document, we will abide by any additional restrictions or regulations contained in that informed consent document.
The iOS Product may allow you to link your account or transfer information from the iOS Product to external third parties. If you voluntarily link your account to an external third party, the third party may store that information alongside personal information. DA does not operate, maintain, or control any aspect of these third parties and therefore is not responsible for the privacy practices of these third parties. Please refer to the specific privacy statements of these third parties for more information.
We may share your Personal Information and/or PHI obtained per the above with third parties if required to do so by the order of a competent legal authority, or if we reasonably believe such action is necessary in order to: (a) conform with the requirements of the law or to comply with legal process served upon us; (b) protect or defend our legal rights; or, (c) prevent potential harm to the physical safety of any person. DA will not sell or rent your Personal Information or PHI to any other company or organization.
Certain pages of the Software and/or any html e-mail correspondence may use session cookies to anonymously track visitors, save preferences and to allow us to recognize visits from the same computer and browser. Certain pages of the Software and/or any html e-mail correspondence may use persistent cookies to anonymously track visitors. These cookies determine visitor sessions, track traffic sources and navigation, identify unique visitors and enable us to distinguish between unique and return visitors to our site. You have the option to reject the Software’s cookies and still use the Software. However, your use of the Software may be limited as a consequence. See the section herein titled “Types of Information Collected” for an explanation of how this information may be used.
The Software is directed toward adults. If you are under the age of 13, you must obtain the authorization of a responsible adult (parent or legal custodian) before using or accessing the Software. In addition, we will not knowingly collect or use any Personal Information or PHI from any children under the age of 18, even where consent for such collection or use has been provided by these individuals. If we become aware that we have collected any Personal Information or PHI from children under 18, we will promptly remove such information from our databases.
Information that is transmitted to us through the Software is transmitted in accordance with industry standards for transmission security, and is in compliance with data protection laws of the United States and other nations. WE CANNOT ENSURE OR WARRANT THE SECURITY OF ANY TRANSMISSION OF INFORMATION VIA THE SOFTWARE, AND YOUR TRANSMISSION OF INFORMATION IS AT YOUR OWN RISK. DA DISCLAIMS ANY RESPONSIBILITY FOR BREACHES OF PRIVACY OF INFORMATION BEING TRANSMITTED TO DA WHILE IN TRANSMISSION. DA will use reasonable efforts to secure the information you have transmitted to us, in conformance with industry practice. For example, once received at DA, your information will be processed and stored on controlled servers with restricted access.
You agree that you have provided notice to, and obtained consent from, any third-party individuals whose Personal Information you supply to us, including with regard to: (a) the purposes for which such third party’s Personal Information has been collected; (b) the intended recipients or categories of recipients of the third party’s Personal Information; (c) which of the third party’s Personal Information is obligatory and which Personal Information, if any, is voluntary; and (d) how the third party can access and, if necessary, correct the Personal Information provided.
The Software is controlled and operated by DA. By choosing to use the Software or otherwise provide information to DA, you agree that any dispute over privacy or the terms contained in this Privacy Statement will be governed by the laws of the State of California. If you are accessing the Software from any location with regulations or laws governing personal data collection, use or disclosure that differ from United States laws or regulations, please note that through your continued use of the Software, which is governed by the laws of the State of California and the United States of America and this Privacy Statement, you are transferring personal information to the United States of America and you consent to that transfer and to the collection and processing of such information in the United States. [Adjudication of Disputes?].