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WAVE APP PRIVACY POLICY
Last Updated: September 13, 2022
Privacy is important to us at Treatment Technologies & Insights, Inc. (“TTI”, “we” or “us”). In this Privacy Policy, we provide information about how we, and our related companies, collect, use, share and transfer personal information that you, as a user of the TTI software application and other related applications, our websites and other services of TTI (“Services”), log into the Services, and any other personal information that we process (collect, use or store) about you, and what rights you have regarding your personal information. This Privacy Policy also describes the choices available to you regarding our use of your personal data and how you can access and update this information. Your use of the Services is also subject to the Terms of Use.
If use of the Services has been recommended by a member of designated care providers, researchers or organizations to monitor certain data in connection with your participation in a specific project, trial or other treatment (“Project”), and you have consented to participation in the Project, additional information and details about how we process your personal information in connection with the Project is included in the additional privacy terms included at the end of this Privacy Policy (“Project Privacy Terms”).
As of May 25, 2018, European Union Regulation 2016/679 of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, known as the General Data Protection Regulation (“GDPR”), requires TTI as a data controller of the Services to provide additional and/or different information about our data processing practices to data subjects resident in the European Economic Area (“EEA”).
In general, "personal data" and "personal information" as defined by applicable law, based on your explicit consent (and sometimes other legal bases) will reside on our secure servers in either: (a) the United States, currently hosted by Amazon Web Services (AWS) in an AWS environment in a manner that supports the requirements of HITRUST CSF (Health Information Trust Alliance Common Security Framework), a high security standard appropriate to protect the health and medical information that you will be submitting to the Services; or (b) the EEA. This Privacy Policy is effective upon posting.
WHAT PERSONAL INFORMATION/DATA DO WE COLLECT?
We collect both personal and non-personal information from and about individuals who use the Services. When we refer to "personal data" or "personal information" in this Privacy Policy, which we use interchangeably, we mean information that identifies, or which could reasonably be used to identify, an individual. “Non-personal information” may include technical information that does not identify an individual personally. We note that over time, non-personal information could become personal information through regulatory developments, technological advancements, or co-mingling with personal information. In particular, we collect the following information from and about you:
Information You Give Us. We may collect, store and use personal information that you may voluntarily submit to us, including your name, postal address, email address, phone number, username, password, demographic information (such as your gender and occupation), date of birth, profile image, family history and contact preferences. We may also collect, store and use certain health information that you elect to provide to us through the Services, including diagnosis information (including, without limitation, Periodic Test Results, Biopsy and MRI Information), Health Questionnaire Responses provided by patients, symptoms, treatment information, and activity. In using the Services, you are free to skip any non-required questions or data fields that make you feel uncomfortable. You are also free to stop using the Services at any time.
Information Automatically Collected. We may collect certain information automatically, including, but not limited to, the type of mobile device you use, your mobile devices unique device ID, the IP address of your mobile device, your mobile operating system, the type of mobile Internet browsers you use, and information about the way you use the Services, including the sections and features of the Services you viewed or used, and how long you spent on a particular section or feature.
Information We Get from Others. We may obtain information about you from other sources such as in connection with a medical study that you are participating in with a health care provider that encourages your use of our Services in connection therewith. We may add this to information we obtain from the Services and process it in accordance with the additional terms included at the end of this Privacy Policy.
LEGAL BASIS OF PROCESSING
Explicit Consent: We obtain your explicit consent before establishing your account and obtaining personal data to facilitate the doctor-patient interactions, information sharing and the tracking of any treatment, and also to permit the access of your personal information from the United States.
Contractual Basis: Our processing activities are conducted in order to fulfill our contractual obligations to you. Once you agree to use the Services and approve the Terms of Use, which is a contract, and this Privacy Policy, there is also a "contractual basis" set forth in Article 6(1)(b) of the GDPR, which allows processing of personal data as necessary for the performance of a contract.
Legitimate Interests: Our processing activities are conducted for the legitimate purpose of operating our business, including to improve and develop our services, for fraud prevention purposes, and to improve user experience. When we collect minimal personal data from you so that you can establish an account on the Services and we can communicate with you, or to provide good customer service and technical support of the Service, we may also rely on the "legitimate interests" basis for such personal data processing under Art. 6(1)(f) of the GDPR. In these cases, we will ensure that your privacy and other fundamental interests do not override our legitimate interests.
Consent: TTI relies on your opt-in consent with respect to cookies that are not strictly necessary and for any direct marketing emails or purely promotional use of your personal data, per Article 6(1)(a) of the GDPR; we have taken steps to meet obligations under GDPR.
HOW DO WE USE YOUR PERSONAL INFORMATION/DATA?
We use your personal information as follows:
to operate, maintain, and improve our products, and services.
to provide our products and services to you.
to send periodic reminders to you about “how you are feeling.”
to process and deliver contest entries and rewards.
to respond to comments and questions and provide customer service.
to send information (by email or application-based notifications) including confirmations, technical notices, updates, security alerts, and support and administrative messages.
to communicate to you (by email or application-based notifications) about promotions, upcoming events, and other news about products and services offered by us and selected partners.
to link or combine user information with other personal information.
to protect, investigate, and deter against fraudulent, unauthorized, or illegal activity.
If you are using the Services in connection with a Project, the terms in the Project Privacy Terms detail the purposes and how your personal data is used in connection with the Project.
WHAT PERSONAL INFORMATION DO WE SHARE OR DISCLOSE?
TTI will not disclose your personal data to third parties, except in the following circumstances and in accordance with applicable laws:
With your explicit consent. For example, you may direct us to share your personal information with your treatment center, including your physician’s office. You may also consent to sharing your personal information with third parties for their marketing uses. Those uses will be subject to the privacy policies of these third parties.
Pursuant to contractual or legal agreements with you or for other legitimate purposes.
As required by applicable law or lawful requests by public authorities, including, without limitation, in response to any government or regulatory agency request, to cooperate with law enforcement requirements and/or investigations, to meet national security requirements or upon receipt of any court order.
To courts and public authorities to protect you, TTI or third parties from harm, including fraud or instances where somebody's physical safety is at risk.
To a prospective or actual purchaser or seller with respect to TTI's business in the context of a merger, acquisition or other reorganization or sale of TTI's business or assets or a line of business. TTI would seek appropriate protection for information in these types of transactions. TTI will attempt to notify you by email and/or a prominent notice on the Services of any change in ownership and the choices you may have regarding your personal information, once it is legally permissible to do so.
To third-party service providers, agents or independent contractors who help us maintain our websites and applications, and provide other administrative services to us. These third parties are subject to appropriate nondisclosure agreements to ensure confidentiality.
WHAT ANONYMIZED INFORMATION DO WE SHARE OR DISCLOSE?
In addition to serving the individual needs of our users, we are dedicated to better understanding patient experiences and optimizing treatment options and outcomes for everyone. To help us achieve this objective, we may anonymize your data such that it is no longer personally identifiable, and share this data with others, including with the general public and third parties. In this way, we can analyze the data and explore questions like, “Do certain medications work better for certain types of patients versus others?” or we can help determine the success rate for patients following a particular treatment protocol. We may also provide anonymized information to others for their own uses, including medical and market research.
By using the Services, you understand and agree that TTI may use your anonymized data for any and all lawful purposes on a worldwide, royalty-free, perpetual, irrevocable, fully-transferable and fully-sublicensable basis.
DATA SUBJECT RIGHTS
You have a right to:
Obtain confirmation as to whether or not your personal information exists and to be informed of its content and source, verify its accuracy and request its completion, update or amendment.
Request from TTI access to and rectification or erasure of your personal data.
Request that processing concerning you be restricted, in which case such personal data would be marked and processed by us only for certain purposes, although this could affect the information provided in connection with a Project. We will not charge a fee for this, provided the request is not excessive or unreasonable.
Data portability, which allows you to receive from us personal data about you which you have provided to us; we will provide your data in a structured, commonly used and machine-readable format, such as a CSV file, as well as the right to transmit such personal data to another entity without hindrance from us if it is technically feasible. We will respond to the request within 30 days, unless the request is complex or you send us multiple requests, in which case we can extend our response by another two (2) months upon notice to you.
Object to various data processing activities, including processing activities that are based exclusively on your consent or processing for the purposes of direct marketing. You can exercise such rights by accessing the information in your account and/or by emailing us at support@tti.care.
Withdraw your consent for data processing or for cookies that are not strictly necessary or that are primarily for promotional purposes, at any time, without affecting the lawfulness of processing based on consent before its withdrawal.
Lodge a complaint with a supervisory authority.
We may choose not to fulfill any request that we determine is illegal or incorrect, where we need to maintain the personal data because of our contractual or legal obligations (e.g., personal data related to the treatment), where the burden or expense of providing access would be disproportionate to the risks to the individual's privacy, or where the rights of persons other than you would be violated, but our intention is to comply with opt-out requests, and other requests that seek to correct, update or delete your personal data, as fully as possible in accordance with applicable law. You will also be given notice should we use your personal data for a purpose other than that for which it was originally collected or processed. Unless required for a specific Project, we do not knowingly ask for or receive sensitive personal data relating to racial or ethnic origin, political opinions, religious beliefs, or information relating to sex life.
YOUR INFORMATION CHOICES AND CHANGES
You are not required to provide any personal data to the Services, but if you do not provide any personal data to the Services, you will not be able to receive insights in connection with your condition or participation in a Project (including helping your health care providers determine if you are a candidate for a treatment, active surveillance, or facilitating better communication with your health care providers).
You can stop all collection of information by the Services easily by uninstalling the Services. You may use the standard uninstall processes as may be available as part of your mobile device or via the mobile application marketplace or network. You may also request to opt-out via email, at support@tti.care.
Our marketing emails tell you how you can “opt-out.” If you opt out, we may still send you non-marketing emails. Non-marketing emails include emails about your accounts and our business dealings with you. Notifications can be disabled through your mobile device operating system.
You may send requests about personal information to our Contact Information below. You can request to change contact choices, opt-out of our sharing your information with others, and update your personal information.
INTEGRITY AND DATA RETENTION
TTI provides procedures for you to keep your personal information accurate, complete, and up to date.
We will retain your personal information for as long as you use the Services, and consistent with our data retention policies. If you are participating in any Project, we will retain personal data for as long as required in connection with the monitoring of the Project and then for as long as it is necessary and appropriate for us to comply with applicable laws, discharge our contractual obligations to you, our partners, or defend our legal interests in connection with any claim or defense we could face before any formal dispute resolution body. We take reasonable measures to ensure that personal data is deleted, erased or de-identified/anonymized once the purposes for which personal data was collected have been fulfilled, and that we keep such data for no longer than is necessary for the purposes for which the personal data is processed. We may retain automatically collected information in a manner that does not identify you.
We encourage you to communicate with us should you wish to know what personal information we store about you, or should any of your personal information need modification, or in the event that you wish it to be removed, email our team at support@tti.care and we will respond within a reasonable time and in accordance with applicable law. Please note that some or all of the data you provided may be required in order for the Services to function properly.
REGULATION
The privacy and security of patients’ personal information is important to us. While we are not considered a “covered entity” as defined by the Health Insurance Portability and Accountability Act of 1996 (HIPAA), a federal law designed to protect health insurance coverage for individuals and their families, we nevertheless do our best to follow the privacy and security requirements established by HIPAA as privacy and security guidelines for our use, disclosure and protection of personal information obtained through the Services.
INTERNATIONAL TRANSFERS
When you log personal data into the Services, such data is transferred to our secure data center servers in either the European Economic Area (EEA) or the United States, and processed in the EEA or United States, where the European Commission has determined that the data protection laws may not provide a level of protection equivalent to the laws in your jurisdiction. For the sake of clarity, all personal data collected from users in the EEA, will be stored and processed in servers located in the EEA and TTI will access such personal data from the United States.
As required by applicable law, TTI is committed to providing an adequate level of protection for your personal data and has secured your explicit consent to such transfer. With respect to onward transfer of personal data from the EEA by TTI to third parties who are based outside the EEA:
Whenever your personal data is transferred outside the EEA, we ensure a similar degree of protection is afforded to it by ensuring that appropriate safeguards are implemented.
TTI is obligated to ensure adequate protection of such personal data in any onward transfer, and therefore has entered into and will continue to enter into appropriate data processing and data transfer agreements based on language approved by the European Commission pursuant to Article 46(5) of the GDPR, such as the Standard Contractual Clauses (2010/87/EC and/or 2004/915/EC), which are available upon request at support@tti.care.
Implementing appropriate physical, technical and organizational security measures to protect personal data against accidental or unlawful destruction, accidental loss or alteration, unauthorized disclosure or access, and against all other unlawful forms of processing.
Taking other measures to provide an adequate level of data protection in accordance with applicable law.
Any onward transfer is subject to appropriate onward transfer requirements as required by applicable law.
WHAT SECURITY MEASURES AND CARE DO WE APPLY REGARDING PERSONAL INFORMATION?
We are concerned about safeguarding your personal information. TTI takes reasonable and appropriate precautions — including administrative, technical, and physical measures — to safeguard your personal information against loss, theft, and misuse, as well as against unauthorized access, disclosure, alteration, and destruction.
We process your personal data in a manner that ensures appropriate security of such data, including protection against unauthorized or unlawful processing, and against accidental loss, destruction or damage, using appropriate technical and organizational measures.
Service providers acting on TTI's behalf shall be obliged to adhere to confidentiality requirements no less protective than those set forth herein and will only receive access to your personal data as necessary to perform their functions.
Please be aware that, although we endeavor to provide reasonable security for information we process and maintain, no security system can prevent all potential data privacy and security breaches. It is important that you protect and maintain the security of your account credentials and you need to immediately notify us of any unauthorized use of your account.
If we learn of a data privacy or security breach, we may attempt to notify you electronically so that you can take appropriate protective steps. By using the Services or otherwise providing us with personal information, you agree that we can communicate with you electronically regarding security, privacy, and administrative issues relating to your use of the Services. We may post a notice on the Services if a data privacy or security breach occurs. We may also send an email to you at the email address you have provided to us in these circumstances. Depending on where you live, you may have a legal right to receive written notice of a data privacy or security breach.
WHAT SERVICE PROVIDERS DO WE USE FOR PROCESSING YOUR DATA?
As part of operating procedure, TTI may share personal information with some or all of the following service providers in order to operate the Services and carry out the purposes described above:
Amazon Web Services: Hosts Personal Information collected and data backups
PROFILING
TTI does not use in connection with the Services automated decision-making in a way that produces legal effects concerning you or which significantly affect you.
THIRD-PARTY AND EXTERNAL WEBSITES
The Services may include links to third-party applications, products, services, or external websites for your convenience and information. If you access those links, we are not responsible websites to which you are directed. TTI does not control these third-party websites or their privacy practices, which may differ from TTI's practices. The Privacy Policy does not cover the personal information you choose to provide to or that is collected by these third parties. You are encouraged to review the privacy policies of any third-party site you interact with and use reasonable prudence before you allow them to collect and use your personal information. TTI shall not be liable for any damages or harm suffered while visiting or using an external website.
In some cases, the Services may frame, mask or include components of third-party websites, services or content within our interface so that it may appear that you have not left the Services. In such cases, TTI will review the privacy practices of such websites, and will include such components or webpages only after determining that such websites maintain a comparable commitment to privacy as TTI.
PERSONS UNDER 18
We do not knowingly collect personal information from minors under the age of 18. If we learn that we have collected the personal information of a minor under 18 years old, we will take steps to delete the information as soon as possible.
COOKIES AND ADS
A cookie is a small text file that is stored on your device when you visit a website or other online service. Cookies allow a web page to store and retrieve information about the browsing habits of a user and may also be used to recognize the user. Most browsers accept cookies as a standard practice and offer controls to allow or block cookies in security settings.
We use, and allow certain third parties to use, cookies and other similar technologies to provide our Services, to help collect data, personalize content, and to analyze use of the Service. Cookies are small text files placed on your device that uniquely identify your device and which a website can transfer to a user’s hard drive to keep records of his or her visit to a website. We, or third parties, may use session cookies or persistent cookies. Session cookies only last for the specific duration of your visit and are deleted when you close your browser. Persistent cookies remain on your device’s hard drive until you delete them or they expire. Different cookies are used to perform different functions, which we explain below:
Essential. Some cookies are essential for the operation of our Services in order to enable you to move around our websites and app and use their features, such as accessing secure areas. Without these cookies, we cannot enable appropriate content based on the type of device you are using. These cookies cannot be opted out.
Browsing and Functionality. These cookies allow us to identify your account and navigate the Services and the different options or services it offers and remember choices you make on our websites, such as your preferred language and the country from which you are visiting, and provide other more personalized features such as remembering medication and dosage information, sharing content as appropriate to your treatment, or provide attribution to sessions.
Performance and Analytics. These cookies allow us to analyze, predict, and improve the performance of our products and services.
There are several ways to manage cookies. You can instruct your browser to refuse all cookies or to indicate when a cookies is being sent. The “help” feature on most browsers provide information on how to accept cookies, disable cookies or notify you when receiving new cookies. Please note, however, that many of the cookies we use are “strictly necessary” cookies. By blocking or deleting these, you will not be able to access certain features of our Services.
With respect to web cookies and similar technologies that are not strictly necessary for our provision of the Services, TTI seeks consent from users in the EEA based on a separate Cookies Policy. If you are located outside of the EEA, you consent to our Cookies Policy if you continue to use the Service.
EEA USERS COOKIES POLICY AND COOKIES DECLARATION
If you are a resident of the EEA we will ask for your consent to store any non-essential cookies on your device, provided that if you are logged into your account, the cookies that enable you to share information deemed necessary for the applicable Project, and for your ability to use the Service, do not require your consent unless they also enable tracking.
The General Data Protection Regulation (GDPR) does not require your consent to place essential/necessary cookies on your device if they are required for the operation of the Services and in connection with the Project, or where the cookie is strictly necessary to perform the Services as requested by the user. Other types of cookies are there to improve your experience and to collect analytics data about how the Service is used. You can, at any time, change or withdraw your consent from these.
ACCESS TO PERSONAL INFORMATION
You can help ensure that your contact information and preferences are accurate, complete, and up to date by contacting us using the information below. For other personal information, we make good faith efforts to provide you with access so you can request that we correct the data if it is inaccurate or delete the data if TTI is not required to retain it by law or for legitimate business purposes. We will attempt to respond to your request within 30 days or sooner where required by law. As permitted by applicable law, we may decline to process requests where the data is required to be retained by law, required for legitimate clinical, medical or treatment purposes, or jeopardizes the privacy of others.
PRIVACY POLICY UPDATES AND NOTIFICATION
TTI may update its Privacy Policy from time to time to reflect changes to our information management practices. Changes would become effective 48 hours from the time the modifications are announced on the Services. If we make material changes to this Privacy Policy, we will notify you here, by email or by means of a notice to your account. In addition, please check the "Last Updated" date at the top of this Privacy Policy, which will indicate when the last changes have been made to this Privacy Policy. To the maximum extent permitted by applicable law, your continued use of the Services after such modifications are announced on the Services constitutes your acceptance of such modifications.
DISPUTES AND AGREEMENT TO ARBITRATE
GENERAL
Except where and to the extent prohibited by law, by using the Services, you and we agree that, if there is any controversy, claim, action, or dispute arising out of or related to your use of the Services, or the breach, enforcement, interpretation, or validity of this Privacy Policy or any part of it (“Dispute”), both parties shall first try in good faith to settle such Dispute by providing written notice to the other party describing the facts and circumstances of the Dispute and allowing the receiving party thirty (30) days in which to respond to or settle the Dispute. Notice shall be sent to:
Us, at Treatment Technologies & Insights, Inc., 300 North Continental Boulevard, Suite 420, El Segundo CA 90245, or
You, at the address we have on file for you.
Both you and we agree that this dispute resolution procedure is a condition precedent that must be satisfied before initiating any litigation or filing any claim against the other party. IF ANY DISPUTE CANNOT BE RESOLVED BY THE ABOVE DISPUTE RESOLUTION PROCEDURE, YOU AGREE THAT THE SOLE AND EXCLUSIVE JURISDICTION FOR SUCH DISPUTE WILL BE DECIDED BY BINDING ARBITRATION ON AN INDIVIDUAL BASIS. EXCEPT WHERE AND TO THE EXTENT PROHIBITED BY LAW, ARBITRATION ON AN INDIVIDUAL BASIS MEANS THAT YOU WILL NOT HAVE, AND YOU WAIVE, THE RIGHT FOR A JUDGE OR JURY TO DECIDE YOUR CLAIMS, AND THAT YOU MAY NOT PROCEED IN A CLASS, CONSOLIDATED, OR REPRESENTATIVE CAPACITY. Other rights that you and we would otherwise have in court will not be available or will be more limited in arbitration, including discovery and appeal rights. All such dispute shall be exclusively submitted to JAMS (www.jamsadr.com) for binding arbitration under its rules then in effect, before one arbitrator to be mutually agreed upon by both parties.
The arbitrator, and not any federal, state, or local court or agency, shall have exclusive authority to resolve any dispute arising under or relating to the interpretation, applicability, enforceability, or formation of this Privacy Policy, including any claim that all or any part of this Privacy Policy is void or voidable.
COMPLAINTS AND DISPUTE RESOLUTION IN THE EU
If you are an EU resident and have any complaint or concern regarding your personal data under this Privacy Policy, or arising under the Privacy Policy, please contact us at support@tti.care. We suggest that you put in the subject line of any email or communication "Privacy Policy" or "Privacy Complaint." We will respond within 30 days. If this does not resolve your concern, you have the following option: If you have an unresolved privacy or data use dispute or concern that we have not addressed satisfactorily, you can raise the issue with the local Data Protection Authority in the EU as applicable regarding personal data, which will then be taken up by the relevant EU Data Protection Authority with the US Department of Commerce to resolve the issue.
You also agree that, in the event any dispute or claim arising out of or relating to your use of the Services or this Privacy Policy that does not relate to your personal data (personal data), or that is not covered by the previous paragraph, you and TTI will attempt in good faith to negotiate a written resolution of the matter directly between the parties. You agree that if the matter remains unresolved for forty-five (45) days after notification (via certified mail or personal delivery) that a dispute exists, all parties shall join in mediation services in Los Angeles, California with a mutually agreed mediator in an attempt to resolve the dispute. Should you file any arbitration claims, or any administrative or legal actions without first having attempted to resolve the matter by mediation, then you agree that to the maximum extent permitted by applicable law, you will not be entitled to recover attorneys' fees, even if you would otherwise be entitled to them.
YOUR CALIFORNIA PRIVACY RIGHTS
California Civil Code Section 1798.83 permits users of the Services who are California residents to request certain information regarding our disclosure of their personal information to third parties for those third parties’ direct marketing purposes. To make such a request, please contact us at the address mentioned below. We do not share your information with third parties for their direct marketing purposes unless you consent to such disclosure.
ASSIGNMENT
In the event that all or part of our assets are sold or acquired by another party, or in the event of a merger, you grant us the right to assign your personal information collected via the Services.
CONTACTING US
We value your opinions. If you have any general questions or comments for TTI, please contact us at:
Attention: Privacy c/o Legal Dept.
300 North Continental Boulevard, Suite 420
El Segundo CA 90245
USA
Or via e-mail at support@tti.care
PROJECT PRIVACY POLICY
PROJECT: Wave Active Surveillance App
In addition to and without limiting any of the terms and conditions in the Privacy Policy, if you have agreed to participate in the pilot entitled “Wave Active Surveillance App” (“Project”), these Project Privacy Terms, provide information about how we, and our related companies, collect, use, share and transfer personal information that you, as a user of the TTI Services, log into the Services in connection with the Project, and any other personal information that we process (collect, use or store) about you in connection with the Project, and what rights you have regarding your personal information.
In general, "personal data" and "personal information" as defined by applicable law, based on your explicit consent (and sometimes other legal bases) will reside on our secure servers in the EEA and access by TTI from the United States.
WHAT PERSONAL INFORMATION/DATA DO WE COLLECT IN CONNECTION WITH THE PROJECT?
In particular, in connection with the Project we collect the following information from and about you:
Information You Give Us. We may also collect, store and use certain health information that you elect to provide or upload to us through the Services, including diagnosis information, test results and medical exam reports (i.e., Periodic Test Results, Biopsy and MRI Information), Health Questionnaire Responses, symptoms, treatment information, activities and experiences. In using the Services, you are free to skip any non-required questions or data fields that make you feel uncomfortable. You are also free to stop using the Services at any time.
Information Automatically Collected. We may collect certain information automatically, including, but not limited to, the type of mobile device you use, your mobile devices unique device ID, the IP address of your mobile device, your mobile operating system, the type of mobile Internet browsers you use, and information about the way you use the Services, including the sections and features of the Services you viewed or used, and how long you spent on a particular section or feature.
Information We Get from Others. We may obtain information about you from other sources such as your designated health care professionals that encourages your use of our Services in connection the diagnosis, surveillance and/or treatment of prostate cancer related symptoms, including any direct communications between you and the designated healthcare professionals and any other relevant information in connection with the diagnosis, surveillance and/or treatment of prostate cancer related symptoms. We may add this to information we obtain from the Services and process it in accordance with the additional terms included at the end of this Privacy Policy.
LEGAL BASIS OF PROCESSING
Explicit Consent: We obtain your explicit consent before establishing your account and obtaining personal data to facilitate the doctor-patient interactions, information sharing and the tracking of any treatment, and also to permit the access of your personal information from the United States.
Contractual Basis: Our processing activities are conducted in order to fulfill our contractual obligations to you. Once you agree to use the Services and approve the Terms of Use, which is a contract, and this Privacy Policy, there is also a "contractual basis" set forth in Article 6(1)(b) of the GDPR, which allows processing of personal data as necessary for the performance of a contract.
Legitimate Interests: Our processing activities are conducted for the legitimate purpose of operating our business, including to improve and develop our services, for fraud prevention purposes, and to improve user experience. When we collect minimal personal data from you so that you can establish an account on the Services and we can communicate with you, or to provide good customer service and technical support of the Service, we may also rely on the "legitimate interests" basis for such personal data processing under Art. 6(1)(f) of the GDPR. In these cases, we will ensure that your privacy and other fundamental interests do not override our legitimate interests.
Consent: TTI relies on your opt-in consent with respect to cookies that are not strictly necessary and for any direct marketing emails or purely promotional use of your personal data, per Article 6(1)(a) of the GDPR; we have taken steps to meet obligations under GDPR.
HOW DO WE USE YOUR PERSONAL INFORMATION/DATA IN CONNECTION WITH THE PROJECT?
We use your personal information for two basic purposes: (1) to inform the Active Surveillance Decision Making Process, and to help patients communicate more effectively with their care team; and (2) in an anonymized form to better understand the experiences of patients who are identified as candidates for Active Surveillance in an effort to better support them during their decision making process. In particular, we use your personal information as follows:
To provide our Services to you.
For Active Surveillance of your prostate health conditions.
To send periodic reminders to you about uploading your test results and medical exam reports (i.e., Periodic Test Results, Biopsy and MRI Information).
To send you periodic reminders to you to respond to Health Questionnaire Responses.
To send test and questionnaire results to your designated Health Care Provider as well as the team of Expert Radiologists and Urologists.
To respond to comments and questions and provide customer service.
To send information (by email, SMS message, or application-based notifications) including confirmations, technical notices, updates, security alerts, and support and administrative messages.
To communicate to you (by email, SMS message, or application-based notifications) about promotions, upcoming events, and other news about products and services offered by us and selected partners.
To link or combine user information with other personal information.
To protect, investigate, and deter against fraudulent, unauthorized, or illegal activity.
If you are using the Services in connection with a Project, the terms in the Project Privacy Terms detail the purposes and how your personal data is used in connection with the Project.
WHAT PERSONAL INFORMATION DO WE SHARE OR DISCLOSE?
TTI will not disclose your personal data to third parties, except in the following circumstances and in accordance with applicable laws:
With your explicit consent. This consent includes sharing your personal data as follows:
We may send a summary of uploaded test and questionnaire results to your designated Health Care Provider as well as the team of Expert Radiologists and Urologists for the sole purpose of determining whether or not you are a candidate for active surveillance.
If the team of Expert Radiologists and Urologists determines you are a candidate for Active Surveillance, we may grant your designated Health Care Provider, Expert Urologist, and Expert Radiologist with access to monitor your personal data while the platform is in use by you.
If you are a diagnosed prostate cancer patient receiving treatment, we may share your personal information with your Health Care Provider for as long as the Health Care Provider deems it necessary.
Pursuant to contractual or legal agreements with you or for other legitimate purposes.
As required by applicable law or lawful requests by public authorities, including, without limitation, in response to any government or regulatory agency request, to cooperate with law enforcement requirements and/or investigations, to meet national security requirements or upon receipt of any court order.
To courts and public authorities to protect you, TTI or third parties from harm, including fraud or instances where somebody's physical safety is at risk.
To a prospective or actual purchaser or seller with respect to TTI's business in the context of a merger, acquisition or other reorganization or sale of TTI's business or assets or a line of business. TTI's would seek appropriate protection for information in these types of transactions. TTI will attempt to notify you by email and/or a prominent notice on the Services of any change in ownership and the choices you may have regarding your personal information, once it is legally permissible to do so.
To third-party service providers, agents or independent contractors who help us maintain our websites and applications, and provide other administrative services to us. These third parties are subject to appropriate nondisclosure agreements to ensure confidentiality.
WHAT ANONYMIZED INFORMATION DO WE SHARE OR DISCLOSE?
We also share information about your use of the Service with Bayer Aktiengesellschaft, Kaiser-Wilhelm-Allee 1, 51373 Leverkusen, Germany.
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