Privacy policy - Neureka

IMPORTANT GENERAL STATEMENTS

Novela Neurotechnologies Inc ("Neureka," "Novela Neurotech," "Novela," "us," "our," or "we") respects and cares about Your privacy rights. This Privacy Policy is designed to help You understand how we collect, use, and disclose Personal Information (defined below) You decide to share; Your rights regarding that information; and to help You make informed decisions when using our Services (as defined below).

“You” or “Your” refers to the individual end user of the Services (the “Individual”) and includes, but is not limited to, the patient that is enrolled in the Application as well as a person to whom the patient sent an invitation to participate in such patient’s healthcare; or, If the reader of this Policy is not the Individual, then “You” or “Your” refers to the person (“Representative”) who is acting on behalf of an Individual for whom said Representative is (i) legally authorized to provide health services, or (ii) legally authorized to act, as a parent of a minor child; legal guardian, custodian or conservator; personal representative; power of attorney; or other person or entity legally authorized to share Personal Information and to authorize Novela to collect such Information from third parties designated by the Representative, or through Novela’s website and/or through the use of the Neureka® for Epilepsy patient communication platform, electronic device or mobile application.

This Privacy Policy only applies to the Services and Your relationship with us. This Privacy Policy does not apply to Your relationship with Your medical provider. The use and disclosure of the health information You provide to Your medical provider and/or Your health insurer is governed by the federal Health Insurance Portability and Accountability Act of 1996, more commonly known as HIPAA, as well as state law. You can learn more about Your HIPAA rights and protections and Your medical provider’s obligations by contacting Your medical provider to request a copy of his or her Notice of Privacy Practices.

Additionally, this Privacy Policy does not apply to companies that we do not own or control. Other services or organizations may have their own privacy policies and practices that govern the use of information You provide to them. For example, if You downloaded the Neureka® for Epilepsy mobile application from a mobile app store, such as the Apple App Store® or Google Play™, each of these app stores have their own privacy policy and practices. This Privacy Policy also does not apply to individuals we do not employ, including any of the third parties to whom we may disclose information as set forth in this Privacy Policy.

NOVELA IS NOT A MEDICAL PROVIDER AND DOES NOT MAKE CLINICAL, MEDICAL, OR OTHER DECISIONS RELATED TO YOUR HEALTHCARE.

Neither Novela nor the Services are a substitute for professional medical advice. If You have questions or concerns about Your health, contact Your medical provider for advice. You and Your medical provider have the responsibility for all decisions and actions taken or not taken involving Your healthcare that are in any way related to Your use of the Services.

THE INFORMATION MADE AVAILABLE ON OR THROUGH THE SERVICES AND THE SYSTEM SHOULD NOT BE RELIED UPON WHEN MAKING MEDICAL DECISIONS OR TO DIAGNOSE OR TREAT A MEDICAL CONDITION. USE OF THE APPLICATION DOES NOT CREATE A PHYSICIAN-PATIENT RELATIONSHIP.

YOUR REPRESENTATIONS TO US.

BY USING ANY OF THE SERVICES, (i) YOU REPRESENT THAT YOU ARE LEGALLY AUTHORIZED TO ACCESS AND SHARE THE INDIVIDUAL’S PERSONAL INFORMATION, (ii) YOU AGREE WITH ALL THE TERMS OF THIS PRIVACY POLICY, AND (iii) YOU CONSENT TO THE COLLECTION, USE AND DISCLOSURE OF THE PERSONAL INFORMATION AS SET FORTH IN THIS PRIVACY POLICY. IF YOU DO NOT AGREE TO THE TERMS OF THIS PRIVACY POLICY, THEN PLEASE DO NOT USE THE SERVICES, AND WE WILL NOT COLLECT, RETAIN, USE OR DISCLOSE YOUR PERSONAL INFORMATION. YOU MAY STOP USING THE SERVICES AT ANY TIME. YOU MAY ALSO CONTACT YOUR MEDICAL PROVIDER AT ANY TIME WITH A REQUEST TO UNENROLL YOU FROM THE NEUREKA™ PATIENT COMMUNICATION PLATFORM.

CHILDREN’S PRIVACY.

WE DO NOT DIRECTLY MARKET TO, OR KNOWINGLY COLLECT INFORMATION DIRECTLY FROM, PERSONS UNDER THE AGE OF 13. HOWEVER, WITH THE CONSENT OF THE REPRESENTATIVE OF AN INDIVIDUAL UNDER THE AGE OF 13, WE MAY COLLECT DATA FROM AND PROVIDE SERVICES TO SUCH AN INDIVIDUAL. WE WILL ONLY DO SO IN ACCORDANCE WITH THE CHILDREN’S ONLINE PRIVACY PROTECTION ACT (COPPA). IF THE INDIVIDUAL IS UNDER THE AGE OF 13, WE WILL NOT COLLECT, MAINTAIN, USE OR DISCLOSE ANY DATA UNLESS YOU, AS THE INDIVIDUAL’S REPRESENTATIVE, CHECK THE “I CONSENT” BOX IN THE TERMS OF USE AGREEMENT ON THE WEBSITE.

NON-DISCRIMINATION.

We will not discriminate against you for exercising any of your rights under this Policy. Please note that, If you decide to exercise your right under Section 3 of this Policy to revoke Your consent to our collection, use, disclosure or retention of Personal Information (as defined below), we will not be able to provide our Services to you. If You have any questions or comments about this Privacy Policy or our privacy practices, please contactus by using one of the means listed on our Website or contact us at hello@neureka.ai

CERTAIN SPECIFIC TERMS OF THIS PRIVACY POLICY.

1. DEFINITIONS. Certain capitalized terms, if not otherwise defined in this Privacy Policy, will have the meanings set forth in this Section.

1.1. “Application” means (i) the Neureka® for Epilepsy patient communication platform that allows You, Your healthcare provider, and others that You authorize to monitor certain aspects of Your health, and which You can (a) download from the official page for Novela in the Apple App Store®, Google Play™, or Windows® Phone app stores, as available, and access with Your username and password, or (b) access through the Website and log into with Your username and password; (ii) any other system application, including mobile applications, made available to permitted users via the Website or featuring Novela proprietary technology; and (iii) any updates, enhancements, modifications, revisions, or additions to any of the foregoing made by Novela and made available from time to time to end users...

1.2. “Content” means all text, images, information, documentation and other content included by Novela in the System, including the Application and on the Website.

1.3. “Personal Information” is defined in Section 2.1 of this Policy.

1.4. “Services” means collectively, the nEureka Patient Monitoring Service and access to and use of the System.

1.5. “Site” means Novela’s internet accessible portal, or website at https://www.novelaneuro.com/, through which Users, such as You, may access and use the System or Services, and any successor or alternative to such portal or Website.

1.6. “System” means the Application, Content, Site, Services, hardware and related electronic system elements and infrastructure required to access, utilize and maintain the Services, Application, Content and Site; and all enhancements, upgrades and updates made thereto.

1.7. “Website” means the website located at www.novelaneuro.com and any communication You receive from us that links directly to this Privacy Policy. “Website” does not include the Application.

2. THE INFORMATION WE COLLECT, USE, AND DISCLOSE.

2.1. Personal Information We May Collect. "Personal Information" that we may collect may include information.

Relating to Your past, present or future physical health or condition; the provision of health care to You; or the past, present or future payment for the provision of physical health care to You; and
That identifies You or for which there is a reasonable basis to believe it can be used to identify You. Examples of common identifiers include, but are not limited to, name; date of birth; home address;work address; telephone numbers (landline and/or cell phone); e-mail address; a screen or username; Unique personal identifier / account name / online identifier (including IP address); and any other substantially similar identifier that permits direct contact with a person online; and geolocation information sufficient to identify street name and name of a city or town; and/or
Other personal information, including credit card numbers; Age; and Biometric information either entered by You or collected via the System;

2.2. How We May Collect Your Personal Information. We may collect Personal Information in avariety of ways, including when:

You download, install, and login into the Application or access the Website, and enter information about Yourself, including Personal Information;
You use the functions and features on the Services, including Your use of any electronic devices, in connection with the Services. For example, when You self-record a Seizure episode, Seizure type, Your medication activities (taking a medication, skipped a medication, etc.), or Your Medication Side Effect. Also, when the System passively collects biometric data that includes but may not be limited to: heart rate, blood oxygen levels, and excessive motion, or other information about Your medical condition into the Neureka® for Epilepsy platform Application, we may also record Your GPS location by collecting Your GPS coordinates to allow caregivers to locate You upon Your request andother various sensor parameters.;
Your medical provider authorizes You to participate in the Neureka® for Epilepsy patient communication platform, and You or Your medical provider register for an account to use the Services;
You contact us to request information by sending us an e-mail or communicate with us through the Application or a web form on the Website;
You authorize a third party with whom You have or had a relationship to provide us information about You. For example, we may receive Personal Information about You from Your medical provider, Your caregiver or a family member or friend who You have authorized to share Personal Information;
You use the Application to send messages via email to others using the Services;
You connect and use medical devices to upload information about Your health into the Application;
You register for our publications or newsletters;
You submit comments to us through a contact form; or
You participate in a survey, contest, or other promotion.

2.3. How We May Use and Disclose Your Personal Information.

We may use or disclose Your Personal Information in a variety of ways and in a manner consistent with applicable law. WE WILL NOT LICENSE, RENT OR SELL YOUR PERSONAL INFORMATION IN A FORM THAT ALLOWS YOU TO BE PERSONALLY IDENTIFIED TO ANY THIRD PARTY FOR ANY PURPOSE. Our use of Your Personal Information may include disclosing the Information for the following purposes:

To Your Medical provider. For example, Your medical provider will see the information You submit about Yourself, such as Your self-reported seizure episodes, seizure types, medication adherence, and potential side effects.
Your provider may also see the non-healthcare information that the Application collects about You. Your medical provider may also see the GPS location recorded by the Application when You submit Your results or access the Application, and may use and disclose that information in connection with Your healthcare;
To other healthcare providers and others connected with Your care, including, for example, Your insurance company, other pay or organizations, pharmacy, pharmaceutical companies, in-home caregiver, and skilled nursing facility.
To provide Your Personal Information to the individual whom You authorize to receive any of Your Personal Information. For example, You may authorize us to send notifications about You and Your healthcare to Your family members or close friends;
To keep a record of Your contact information and correspondence and use it to respond to Your inquiries, fulfill Your requests, and assist You with using the Services;
To send You administrative information, such as information regarding the Services and changes to our terms, conditions, or policies;
To identify You to anyone whom You contact through the Services;
If You enter into a contest or similar promotion, we may use the Personal Information You provide to administer those programs;
For our business purposes, such as improving or modifying our Services, identifying usage trends, quality improvement, to run our operations, and expanding our service and business offerings;
To our third-party service providers that provide services necessary to our business operations, such as website hosting, information technology and related infrastructure, customer service, analytics, and other similar services (so long as such persons agree in writing to maintain the confidentiality of Your Personal Information);
To a third party in the event of any reorganization, merger, sale, joint venture, assignment, transfer or other disposition of all or any portion of our business or assets or when evaluating entering into any such transaction (so long as such persons agree in writing to maintain the confidentiality of Your Personal Information); and
As we believe in good faith to be necessary or appropriate: (1) to comply with applicable law; (2) to respond to subpoenas or warrants properly issued and served on us; (3) to respond to requests from public or government authorities; (4) to investigate or assist in preventing any violation or potential violation of the law or this Privacy Policy; (5) to enforce the terms of this Privacy Policy or other applicable contracts; (6) to protect our operations against, for example, security threats, fraud or other malicious activity; (7) to protect our rights, privacy, safety or property, or that of You or others using the Services; and (8) to allow us to pursue available remedies or limit the damages that we may sustain.

2.4. Other Information We May Collect and How We May Collect the Information.

(A) Other Information We May Collect

“Other Information” is any information that is de-identified or anonymized by deleting identifying elements, such as those listed in Section 2.1 of this Policy, so that it does not reveal Your specific identity or does not directly relate to an individual. “Other Information” may also include the combination of Your de-identified information with that of other users to create aggregate de-identified data that may be disclosed to third parties who may use such information to understand how often and in what ways people use our Services, so that they, too, can provide You with an optimal experience. For example, we may use information gathered to create a composite profile of all the users of the Services to understand community needs, to design appropriate features and activities. However, except as described in Section2.3 of this Policy, we never disclose Other Information to a third party in a manner that would identify You personally, as an individual. If we combine Other Information with Personal Information, the combined information will be treated as Personal Information for as long as it remains combined.

In addition, “Other Information” may include other kinds of de-identified or anonymized information including, for example: (1) computer or device connection information, such as browser type and version, operating system type and version, device information, and other technical identifiers; (2) information collected through cookies and other technologies; (3) aggregated demographic information based on information provided by You and other individuals; or (4) other aggregated information, such as usagehistory and search history.

(B) How We May Collect Other Information.

We, and our third-party service providers, may collect Other Information in a variety of ways, including, but not limited to:

Through Your browser or mobile and wearable devices. Certain information is automatically collected by most browsers or through Your mobile device, such as Your computer type, screen resolution, operating system name and version, device manufacturer and model, language, andInternet browser type and version;
Using cookies, web beacons, and similar technologies. Our Services may use cookies and other technologies such as pixel tags, web beacons and HTML5 local storage. In addition, we may collect and store information from You, Your Representative, or other persons or entities authorized to provide such information to us, including browser type, operating system, Internet Protocol (IP) address (a number that is automatically assigned to a computer or other electronic device when the Internet is used, which may vary from session to session), domain name, and/or a date/time stamp for a visit to the Site. These technologies help us provide better services to You, tell us which parts of our Services people visit, and allow us to better measure the usability of our features, tools, and other services. We treat information collected by cookies and other technologies as non-personal information. You have a variety of tools available to control cookies and similar technologies, including controls in Your browser to block and delete cookies;
Analytics tools and third party services. We may use analytics tools and other third party services, such as Google Analytics, to collect information about use of our Services. These tools and technologies may collect and analyze different types of information, including, for example, cookies, IP addresses, device identifiers, referring and exit URLs, onsite behavior and usage information, feature use metrics and statistics, and other similar information. You may opt out of Google Analytics by visiting the Google Analytics opt-out page; and
By aggregating information. Personal Information from You and other users of the Services may be aggregated in a way that does not personally identify You or any other user of the Services. We may aggregate information for a variety of reasons, for example, to calculate the percentage of our users that live in a particular state and perform trending analysis. We may also license or sell aggregated data (which has been de-identified or anonymized so that it does not reveal Your specific identity or does not directly relate to an individual) to insurance companies and pharmaceutical companies to further analyze drug discovery and impact on patient outcomes and cost of care.

(C) How We May Use and Disclose Other Information.

We may use and disclose Other Information as described in paragraph (B) above, and may also use it for any purpose, except where that use or disclosure is not permitted by applicable law. If we are required to treat any kind of Other Information, such as IP addresses or other similar identifiers, as Personal Information under applicable law, then we may use it as described in “How We May Collect Other Information” section above, as well as for all the purposes for which we use and disclose Personal Information.

2.5. California Do Not Track Notice.

We do not track You over time and across third party websites to provide targeted advertising, and therefore do not respond to Do Not Track (“DNT”) signals.

Some of the third parties that may have content embedded on our Website, such as social networking connectors (e.g., Facebook, Twitter) or advertising services (e.g., DoubleClick) set cookies in Your browser as well as obtain information about the fact that a web browser visited the Services from a certain IP address. These services may track You across third party websites. Please read the privacy policies of these third party companies to learn how they respond to DNT signals.

You may opt out of the DoubleClick cookie by visiting the Google advertising opt-out page.

3. REVOCATION OF CONSENT.

You may revoke Your consent to our collection, use, disclosure or retention of the Personal Information, and require us to delete Your Personal Information, at any time by providing written notice to us at thee-mail address set forth in Section 12 of this Policy. Any such revocation will only be effective with respect to our actions taken after we receive the revocation, and the revocation will not create any liability on the part of us under any federal or state law or regulation for any activities or actions taken prior to the receipt of the revocation.

4. HOW WE MAY COMMUNICATE WITH YOU.

We may communicate with You through various means including, for example:

visiting You in-person to assist You with using the Application;
sending You email at the e-mail address that You provide when You register or for an account, or to an email address we otherwise obtain. For example, we may obtain Your email address from Your medical provider;
calling You at the phone number, including a wireless number, that You provide or that we otherwise obtain. For example, we may return a phone message that You left for customer service; and
sending You letters at the address that You provide.
through Text messaging on your cell phone.

By providing us with Your e-mail address, cellular or landline phone number, or Your mailing address, You consent to us using such means to contact You. We may place such calls or texts to (i)notify You regarding Your account; (ii) troubleshoot problems with Your account or the Application; (iii)send You reminders related to our Services, Your healthcare, or the healthcare of others; (iv) to discuss any past, current or future services provided by us; (v) poll Your opinions through surveys or questionnaires; or (vi) as otherwise necessary to service Your account or enforce our Website and Application Terms of Service, our policies, applicable law, or any other agreement we may have with You. We may share Your phone number(s), including Your wireless number, with service providers with whom we contract to assist us in pursuing these interests, but will not share Your phone number(s) with third parties for their own purposes without Your consent.

You understand that standard telephone minute message charges may apply.

5. OUR COMMITMENT TO DATA SECURITY.

We care about Your privacy, and we use commercially reasonable efforts to secure the Application.

Please do not send any sensitive, confidential, or Personal Information using regular e-mail or through the Website. The communications on our Website, including, for example, any submissions through available forms, are sent through the standard HTTP protocol and may be delivered using regular e-mail. Information sent over HTTP is not encrypted. E-mail, while convenient, also poses several risks(e.g., e-mail is unreliable, can be forwarded, is not secure, etc.). We cannot guarantee the security of the information You provide to us through the Website, nor can we guarantee that the information You supply to us will not be intercepted while being transmitted to us. Please provide such information through the communication mechanisms made available in the Application.

If You have any reason to believe or reasonably suspect any loss, theft or unauthorized use of the username or password You use to access the Application, Your device, or that Your access to the Application was compromised, You must immediately notify us by using the means listed on our contact us at hello@neureka.ai with attention to our Security Officer.

6. NO WARRANTIES.

While we and our subsidiaries make reasonable efforts to ensure the accuracy of the information on the Services, we do not guarantee the accuracy, and the information is provided with no warranty orguarantee of any kind.

7. THIRD PARTY SERVICES AND LINKS.

This Privacy Policy addresses only the collection, use, and disclosure of information that we collect from You through our Services, through our interactions with You, or from interactions with Your medical provider about You.

Our Services may contain links to other websites and third party services. The inclusion of a link on our Services to a website or third party service does not imply endorsement of the linked site or service by us, our affiliates, or third-party vendors. We do not exercise control over third party websites or their privacy practices. For example, we may include a link for You to connect with us on Facebook or to follow us on Twitter; each of these companies has their own privacy policy and practices, and they may not be required to comply with federal laws to protect the privacy and security of Personal Information. To understand how these entities use information that they receive from You or collect about You, please read their privacy policies or statements.

We are not responsible for the collection, usage, or disclosure of the policies and practices of other organizations, such as Your Internet service provider or wireless carrier.

8. CHOICES, ACCESS, AND DATA RETENTION.

You may request access to Your Personal Information up to two (2) times in any calendar year, and we will maintain records of all access requests (including our response) for 24 months. You may also request that we delete items of Personal Information, subject to applicable legal exceptions. See Section 12 for our contact information. We will take reasonable steps to confirm the identity of persons who ask to read and/or delete their information, even if You have a password-protected account with us. You have the right to non-discrimination when You exercise Your privacy rights under applicable law.

You may update certain information about You, such as Your phone number, through the Application. Certain other information about You may only be updated through Your medical provider. For example, You may only make changes to Your medical records through Your medical provider.

We may use Your Personal Information to provide You the newsletters to which You subscribed, to advise You of changes and additions to our services, or to provide You details on upcoming events. You may opt-out of receiving these marketing messages by selecting the appropriate unsubscribe option included in the notice. We may, from time to time, send You electronic notices regarding security, privacy and other administrative issues related to Your usage of the Services. Because this information is important to Your interaction with us, You cannot opt-out from receiving administrative messages.

We will retain Your information for as long as needed to provide You with the Services, comply with our legal obligations, resolve disputes, and enforce our agreements.

9. INTERNATIONAL VISITORS.

The Services are controlled and operated from the United States, and are not intended to subject us to the laws or jurisdiction of any state, country or territory other than that of the United States. If any material on the Services is contrary to the laws of the place where You are when You access them, then we ask You not to use the Services. You are responsible for informing Yourself of the laws of Your jurisdiction and complying with them.

By using the Services, You consent to the transfer of information to the United States, which may have different and less restrictive data protection rules than those of other countries.

10. UPDATES TO THIS PRIVACY POLICY.

We may change this Privacy Policy from time to time. Please take a look at the “Last Modified” legend at the top of this page to see when this Privacy Policy was last revised. Any non-material changes to this Privacy Policy will become effective when we post the revised Privacy Policy on the Website or push the Privacy Policy out to the Application, as applicable.

If the changes are material, as solely determined by us, we will send You notice (the “Change Notice”) by email, by posting it on the applicable page of the Website or Application, or by pushing the notice to Your mobile device through the Application. It is Your responsibility to check this Privacy Policy periodically for changes. Your continued use of the Services following the posting, the effective date of the changes, or the applicable date indicated in the Change Notice will mean that You accept and agree to the changes.

11. GOVERNING LAW AND ENTIRE AGREEMENT.

The laws of the State of California, without regard to any conflicts of laws principles there of, will govern the construction and interpretation of this Privacy Policy and the rights of the parties here under. The parties here under agree on behalf of themselves and any person claiming by or through them that the exclusive jurisdiction and venue for any action or proceeding arising out of or relating to this Privacy Policy or the Services will be an appropriate state or federal court located in Alameda County, California and each party irrevocably waives, to the fullest extent allowed by applicable law, the defense of an inconvenient forum.

Unless otherwise expressly modified in this Privacy Policy, all terms and conditions of the Novela Terms of Use Agreement remain in full force and effect.

12. HOW TO CONTACT US AND HOW TO FILE A COMPLAINT.

Should You have other questions or concerns about this Privacy Policy, our privacy practices, or our use of Your Personal Information, please contact us by using one of the means listed on our Website, or contact us at hello@neureka.ai.