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Cervella FDA-Cleared Cranial Electrotherapy Stimulator
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PRIVACY POLICY – INNOVATIVE NEUROLOGICAL DEVICES LLC

EFFECTIVE DATE: June 1st, 2018

This Privacy Policy (“Policy”) describes how INNOVATIVE NEUROLOGICAL DEVICES LLC (“IND”, “we,” “us,” or “our”) collects, uses, and discloses information that we obtain about your use of the cervella.us website (the “Site”) and the Cervella Mobile software (“the App”), collectively “the Service,” including information that we collect from the Cervella devices that you connect to a mobile device running the App.

IND is a US-based company and your information is stored in the United States. By using or downloading the Service, you agree that your personal information, including any information about your health that you provide directly to us or that we collect through your use of the Service, may be transferred to and stored in the United States and handled as described in this Policy.

The Information We Collect About You. We collect information directly from you, from devices and third-party services you connect, as well as automatically through your use of our Service.

When You Create, Update, or add information to Your Profile. When you register to use the Service, we collect the personal information you provide us, including your name, email address, password, gender, and partial birthdate (Month and Year only).

We collect additional information from Devices you connect to your App:

  • When you Use a Cervella Device. We collect treatment data, including treatment date, treatment duration, treatment intensity level and treatment frequency. We collect additional information from your mobile device at the time of recording, including local time, and local time zone.
    You may use your mobile device to add notes, tags, or voice memos to recordings you make with any connected device. Many users use this feature to supplement treatment data with information about their symptoms, activities, or overall well-being. Please note that we collect information provided through notes, tags, or voice memos, including any personal or sensitive information you choose to provide through this feature.
  • Information Collected from Your Phone or Watch. In addition to the collection described above, we collect basic information from your mobile device, including device model and OS version, device ID, device language, activities within the App and how long the App is open.
  • When You Use A Premium Feature. When you choose to participate in a premium service, we collect additional information from you related to those services. Some premium features are paid services. When you make payments through the Service, you may need to provide your shipping address and financial account information, such as your credit card number, to our third-party service providers. We do not collect or store financial account information, though we may receive transaction identifiers and summary information that does not include credit card or bank account numbers.
  • When You Contact Us. When you contact IND directly, such as when you contact our Customer Support team, we will receive the contents of your message or any attachments you may send to us, as well as any additional information you choose to provide.

How We Use Your Information

We process your information, including your personal information, for the following purposes:

  • To provide our Service to you, to communicate with you about your use of our Service, to respond to your inquiries, and for other customer service purposes.
  • To tailor the content and information that we may send or display to you, to offer location customization, and personalized help and instructions, and to otherwise personalize your experiences while using the Service.
  • To research and develop new products and features.
  • For marketing and promotional purposes, to the extent permitted by law and, where required, with your consent. For example, we may use your information, such as your email address, to send you news and newsletters, special offers, and promotions, or to otherwise contact you about products or information we think may interest you. We also may use the information that we learn about you to assist us in advertising our services on third party websites. You can opt-out of receiving marketing at any time as described below.
  • To better understand how users access and use our Service, both on an aggregated and individualized basis, in order to improve our Service and respond to user desires and preferences, and for other analytical purposes.
  • To administer surveys and questionnaires.
  • To comply with legal obligations, as part of our general business operations, and for other business administration purposes.
  • Where we believe necessary to investigate, prevent or take action regarding illegal activities, suspected fraud, situations involving potential threats to the safety of any person or violations of our Terms of Use or this Privacy Policy.

How We Share Your Information. We may share your information, including personal information, as follows:

  • With Your Consent. With your prior consent, we may share information from the Service with other third-party partners, including your personal information and data collected from your devices.
  • Your Healthcare Providers or Family. With your consent, we may share your information, including information collected from your connected devices, with your healthcare providers and/or family members (e.g., immediate family or friends) that you designate to receive your information.
  • Clinical Trial Studies. With your consent, physicians and staff of clinical trial programs may use the Service as a means of collecting data for the trial study. If the Service is used as part of a clinical trial study, we will use and share information about the clinical trial collected through the Service in accordance with our agreement with the clinical trial program and any privacy notices provided to you as part of the clinical trial program.
  • Aggregate and De-Identified Information. We may share aggregate or de-identified information—so that it cannot reasonably be used to identify an individual—with third parties for marketing, advertising, research or similar purposes.
  • Health Researchers. We may share data collected through the Service with healthcare researchers and other research organizations, including de-identified profile information and data collected from your connected devices. For example, we may share information such as your gender, height, weight, information about medications you have provided, and data from your connected devices, but we will not share your name or other information that could identify you.
  • Affiliates. We may disclose the information we collect from you to our affiliates or subsidiaries; 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 or agents who perform functions on our behalf, such as providers of hosting, email communication, customer support services, analytics, marketing, and advertising, based on our instructions, and in compliance with this policy and any other appropriate confidentiality and security measures.
  • Business Transfers. If we are acquired by or merged with another company, if substantially all of our assets are transferred to another company, or as part of a bankruptcy proceeding or reorganization, we will give affected users notice before transferring any personal information to a new entity.
  • In Response to Legal Process. We also may disclose the information we collect from you in order to comply with the law, a judicial proceeding, court order, or other legal process, such as in response to a court order or a subpoena.
    Our policy is to notify you of legal process seeking access to your information, such as search warrants, court orders, or subpoenas, unless we are prohibited by law from doing so. In cases where a court order specifies a non-disclosure period, we provide delayed notice after the expiration of the non-disclosure period. Exceptions to our notice policy include exigent or counterproductive circumstances, for example, when there is an emergency involving a danger of death or serious physical injury to a person.
  • To Protect Us and Others. We also may 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 Use or this Policy, or as evidence in litigation in which IND is involved.
  • Third Party Analytics. We use automated devices and applications, such as Google Analytics, to evaluate usage of our Service. We also may use other analytic means to evaluate our Service.

Privacy Shield Information For EU and Swiss Individuals

IND complies with the EU-U.S. Privacy Shield Framework and the Swiss-U.S. Privacy Shield Framework as set forth by the U.S. Department of Commerce regarding the collection, use, and retention of personal information transferred from the European Union and Switzerland to the United States pursuant to the Privacy Shield. IND has certified to the Department of Commerce that it adheres to the Privacy Shield Principles. If there is any conflict between the terms in this privacy policy and the Privacy Shield Principles, the Privacy Shield Principles shall govern. To learn more about the Privacy Shield program, and to view our certification, please visit http://www.privacyshield.gov.

In compliance with the Privacy Shield Principles, IND commits to resolve complaints about your privacy and our collection or use of your personal information pursuant to the Privacy Shield. EU and Swiss individuals with inquiries or complaints regarding our Privacy Shield policy should first contact IND at the contact address below.

INNOVATIVE NEUROLOGICAL DEVICES LLC
Attn. Privacy
13295 Illinois St, Suite 312
Carmel, IN 46032
privacy@cervella.us

IND has further committed to refer unresolved privacy complaints under the Privacy Shield Principles to BBB EU PRIVACY SHIELD, a non-profit alternative dispute resolution provider located in the United States and operated by the Council of Better Business Bureaus. If you do not receive timely acknowledgment of your complaint, or if your complaint is not satisfactorily addressed, please visit https://www.bbb.org/EU-privacy-shield/for-eu-consumers/ for more information and to file a complaint.

Please note that if your complaint is not resolved through these channels, under limited circumstances, a binding arbitration option may be available before a Privacy Shield Panel.

The Federal Trade Commission has jurisdiction with enforcement authority over IND’s compliance with the Privacy Shield.

The Privacy Shield Principles describe IND’s accountability for personal data that it subsequently transfers to a third-party agent. Under the Privacy Shield Principles, IND shall remain liable if third party agents process the personal information in a manner inconsistent with the Privacy Shield Principles, unless IND proves it is not responsible for the event giving rise to the damage.

Note that IND may be required to release the personal data of EU and Swiss individuals whose data is pursuant to the Privacy Shield in response to legal requests from public authorities including to meet national security and law enforcement requirements.

Cookies

Cookies are small text files stored on your device and used by web browsers to deliver personalized content and remember logins and account settings. In addition to improving user experience, we use cookies and similar technologies for analytic and advertising purposes. You can manage your cookies locally by adjusting your browser settings, or you can opt-out of targeted advertising through cookies by visiting networkadvertising.org/choices or aboutads.info/choices. Because there is not yet a common understanding of how to interpret Do Not Track signals, we are unable to respond to Do Not Track requests from browsers, however we are monitoring for updates and will revisit this policy once a common standard is established.

Third-Party Links

Our Service may contain links to third-party websites. 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.

Security of My Personal Information

We have implemented reasonable precautions to protect the information we collect from loss, misuse, and unauthorized access, disclosure, alteration, and destruction. Please be aware that despite our best efforts, no data security measures can guarantee security.
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.

Access to and Deleting My Personal Information

We acknowledge the right of EU and Swiss individuals to access their personal data pursuant to the Privacy Shield. You may modify personal information that you have submitted by logging into your account and updating your profile information. Please note that copies of information that you have updated, modified or deleted may remain viewable in cached and archived pages of the Service for a period of time.
We store information associated with your account until your account is deleted. You can delete your account at any time by contacting Customer Support at privacy@cervella.us. Please note that it may take a bit of time to delete your account information, and we may preserve it for legal reasons or to prevent harm, including as described in the How Information Is Shared section.

What Choices Do I Have Regarding Promotional Emails?

We may send periodic promotional emails to you. You may opt-out of such communications by following the opt-out instructions contained in the email. Please note that it may take up to 10 business days for us to process opt-out requests. We may still send you emails about your account or any services you have requested or received from us.

Users Under 18

Our services are not designed for users under 18. If we discover that a user under 18 has provided us with personal information, we will delete such information from our systems.

GDPR – Rights For EEA Users and IND’s Capabilities for Worldwide Users

What Rights Do I Have? Individuals located in the European Economic Area (EEA) have certain rights in respect of your personal information and IND will provide these capabilities to all our worldwide users, including:

  • the right of access to your personal data;
  • the right to correct or rectify any inaccurate personal data;
  • the right to restrict or oppose processing of personal data;
  • the right to erase your personal data; and
  • the right to personal data portability.
  • We rely on your consent as a lawful basis processing personal data for the following purposes:
    initial collection of personal data through the Service;
  • providing you with marketing or promotional communications. You may opt out of such communications at any time by clicking the “unsubscribe” link found within IND email updates and changing your contact preferences.

We process personal data in order to perform our contract with you.

Additionally, we process personal data based on our “legitimate interests” in providing you the Service as described in the section “How We Use Your Information”, including:

  • To enable the Service to function as expected;
  • To communicate with you in response to customer service inquiries, to deliver non-promotional, service-related emails, or to administer surveys and questionnaires; and
  • To tailor your experience based on your general region. For example, we process Clinical Interpretation Service requests from EEA-based users through an EEA-based Clinical Interpretation Service partner.
  • In some cases, IND may process personal information pursuant to a legal obligation or to protect your vital interests or those of another person.

How May I Exercise My Individual Rights? IND users located worldwide may access and update their personal information as follows:

  • Account holders may access and update personal information through their account settings in the IND platform;
  • Account holders may exercise their rights to data deletion and data portability by contacting IND’s Data Controller Representative at privacy@cervella.us.
  • IND does not retain any personal information from users who do not create IND accounts.
    Please note that IND may request additional information from you to verify your identity before we disclose any personal or account information.

Contact Us

If you have questions about our privacy practices, please contact us at privacy@cervella.us.

INNOVATIVE NEUROLOGICAL DEVICES LLC
Attn. Privacy
13295 Illinois St, Suite 312
Carmel, IN 46032

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 Service. 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.