Proteus Digital Health

Privacy Policy

Effective Date: June 14, 2017

Proteus Digital Health, Inc. (“Proteus,“ “we”) is committed to protecting your privacy. We have prepared this Privacy Policy to describe to you our practices regarding the Personal Data (as defined below) we collect from users of our website, located at www.proteus.com (the “Site“), our software applications (“Software“), and services provided through the Site or Software (“Services“)*. The term “you” refers to the person visiting the Site.

  1. User Consent. By using or visiting our Site or by submitting Personal Data through our Site, Software or Services, you agree to the terms of this Website Privacy Policy and you expressly consent to the collection, use and disclosure of your Personal Data in accordance with this Privacy Policy.
  2. Children. Our Site, Software, and Services are not geared towards children under 13. Our Services may be used by children under the age of 13 only with the consent of a parent or guardian.
  3. Users Outside of the United States. Personal Data may be processed in the country in which it was collected and in other countries. By using the Site, Software or Services, you consent to the collection, transfer, use, storage and disclosure of your information as described in this Privacy Policy. Proteus complies with the U.S. – E.U. Safe Harbor Framework and the U.S. – Swiss Safe Harbor Framework as set forth by the U.S. Department of Commerce regarding the collection, use, and retention of personal data from European Economic Area member states and Switzerland. Proteus has certified that it adheres to the Safe Harbor Privacy Principles of notice, choice, onward transfer, security, data integrity, access, and enforcement. To learn more about the Safe Harbor program, and to view Proteus’ certification, please visit http://www.export.gov/safeharbor/
  4. Types of Data We Collect. “Personal Data” means data that allow someone to identify or contact you, including, for example, your name, address, telephone number, e-mail address, as well as any other information about you that is associated with or linked to any of the foregoing data. “Anonymous Data” means data not associated with or linked to your Personal Data; Anonymous Data does not, by itself, permit the identification of individual persons. We collect Personal Data and Anonymous Data, as described below.
    1. Information You Provide to Us. If you contact us via email, we will collect your name and e-mail address, as well as any other data included in the e-mail. If you register and use the Software, we will collect your name and all other data provided as part of the registration process. We also collect any information uploaded or otherwise input by you while using the Software and Services, including, but not limited to, information related to medications you are taking and other health-related information about you.
    2. Information Collected via Technology.
      1. To make our Site, Software and Services more useful to you, our servers (which may be hosted by a third party service provider) collect information from you, including your browser type, operating system, Internet Protocol (IP) address (a number that is automatically assigned to your computer when you use the Internet, which may vary from session to session), domain name, and a date/time stamp for your visit. We also use cookies and URL information to gather information regarding the date and time of your visit and the information for which you searched and which you viewed. “Cookies” are small pieces of information that a website sends to your computer’s hard drive while you are viewing a web site. We may use both session Cookies (which expire once you close your web browser) and persistent Cookies (which stay on your computer until you delete them) to provide you with a more personal and interactive experience on our Site. Persistent Cookies can be removed by following Internet browser help file directions. At this time, we do not recognize automated browser signals regarding tracking mechanisms, which may include “do not track” instructions. However, you can change some of your privacy preferences through your browser.
      2. We currently use Google Analytics. Google Analytics collects information anonymously and reports website trends without identifying individual visitors. Google Analytics uses its own cookie to track visitor interactions. Website owners can view a variety of reports about how visitors interact with their website so they can improve their website and how people find it. Please see the following links for more information about Google Analytics: http://www.google.com/privacy.html and http://www.google.com/analytics/tos.html
      3. We do not currently share any personal information of our Users with third parties for their direct marketing purposes. If our practices changes we will notify you as required by applicable law.
  1. Use of Your Personal Data
    1. General Use. We use your Personal Data to:
      1. identify you as a user in our system;
      2. conduct research
      3. improve our Site, Software and Services;
      4. provide the Services you request;
      5. send you administrative e-mail or other notifications;
      6. respond to your inquiries; and
      7. send you newsletters, surveys, offers, and other promotional materials related to Proteus products and services, including, but not limited to, the Site, Software and Services (“Promotional Emails“).
    2. Creation of Anonymous Data. We may create Anonymous Data records from Personal Data by excluding information (such as your name) that makes the data personally identifiable to you. We use this Anonymous Data to analyze request and usage patterns so that we may enhance the content of our Services and improve the performance of the Software and the Site. Proteus reserves the right to use Anonymous Data for any purpose and disclose Anonymous Data to third parties in its sole discretion.
    3. Aggregated Data. We use aggregated Personal Data and other data to conduct research and for other purposes.
  1. Disclosure of Your Personal Data. We disclose your Personal Data as described below and as described elsewhere in this Privacy Policy.
    1. Third Party Service Providers. We may share your Personal Data with third party service providers: to provide you with the Site, Software and Services; to conduct quality assurance testing; to provide technical support; and/or to provide other services to Proteus. These third party service providers are required not to use your Personal Data other than to provide the services requested by Proteus.
    2. Affiliates and Acquisitions. We may share some or all of your Personal Data with our parent company, subsidiaries, joint ventures, or other companies under a common control (“Affiliates”), in which case we will require our Affiliates to honor this Privacy Policy. If another company acquires our company, business, or our assets, that company will possess the Personal Data collected by us and will assume the rights and obligations regarding your Personal Data as described in this Privacy Policy.
    3. Other Disclosures. Regardless of any choices you make regarding your Personal Data (as described below), Proteus may disclose Personal Data if it believes in good faith that such disclosure is necessary
      1. in connection with any legal investigation;
      2. to comply with relevant laws or to respond to subpoenas, court orders, warrants, or similar documents issued by a court having jurisdiction and served on Proteus;
      3. to protect or defend the rights or property of Proteus or users of the Services; and/or
      4. to investigate or assist in preventing any violation or potential violation of the law, this Privacy Policy, Terms of Use for the Site, or the Software License Agreement for the Software.
  1. Third Party Websites. When you click on a link to any other website or location, you will leave our Site and go to another site and another entity may collect Personal Data or Anonymous Data from you. We have no control over, do not review, and cannot be responsible for, these outside websites or their content. Please be aware that the terms of this Privacy Policy do not apply to these outside websites or content, or to any collection of data after you click on links to such outside websites. If you engage with our Site content through third-party social networking sites, we may have access to certain information associated with your social media account such as your name, email address, photograph, birthday, location, and people you follow or like. For information on controlling access to your personal information through social networking sites, you should review their privacy policies and terms of use. You may choose to import information from other applications.
  2. Your Rights Regarding Your Personal Data.
    1. We may periodically send you Promotional Emails (as described above). When you receive Promotional Emails from us, you may indicate a preference to stop receiving further Promotional Emails from us and you will have the opportunity to “opt-out” by following the unsubscribe instructions provided in the e-mail you receive or by contacting us directly (please see contact information below). Despite your indicated e-mail preferences, we may send you service-related communications, including notices of any updates to our Terms of Use for the Site, Privacy Policy or Software License Agreement for the Software.
    2. If at any time Proteus wishes to use or disclose your Personal Data in a way or for a purpose other than described in this Privacy Policy, Proteus will give you the opportunity to choose (opt-out) whether your personal data may be used for a purpose other than the purposes that are set forth in this Privacy Policy.
    3. Access to Personal Data. If you wish to have access to the Personal Data that we have concerning you, or to have incorrect information updated please email us at privacy@proteus.com We will respond to your request within 30 days.
    4. Retention and Deletion of Personal Data. We will retain your information for as long as your account is active to provide your Services. You may request that we delete your Personal Data, but please note that we may be required to keep this information and not delete it under applicable law (or to keep this information for a certain time, in which case we will comply with your deletion request only after we have fulfilled such requirements). When we delete any information, it will be deleted from the active database, but may remain in our archives. We may retain your information as necessary to comply with our legal obligations, resolve disputes, enforce our rights, or similar purposes. Following any deletion request, we may retain data related to your account in aggregate form in case you want to reactivate your account at some point in the future.
  3. Security of Your Personal Data. Proteus is committed to protecting the security of your Personal Data. We use a variety of industry-standard security technologies and procedures to help protect your Personal Data from unauthorized access, use, or disclosure. No method of transmission over the Internet, or method of electronic storage, is 100% secure, however. Therefore, while Proteus uses reasonable efforts to protect your Personal Data, Proteus cannot guarantee its absolute security.
  4. Contact Information. Proteus welcomes your comments or questions regarding this Privacy Policy and any request you may have to access, correct or delete your Personal Data. Please contact us at the following email address: privacy@proteus.com If you wish to contact us by postal mail, please use the following mailing addresses, as appropriate:In the United States:Proteus Digital Health, Inc.
    Attention: Privacy Department
    2600 Bridge Parkway
    Redwood City, CA 94065
  5. Disputes. Proteus is committed to resolving complaints about your privacy and our collection or use of your personal data. If you have any inquiries or complaints regarding this Privacy Policy you should first contact Proteus at: privacy@proteus.com For disputes over Proteus’ compliance with the EU Safe Harbor Principles that remain unresolved, Proteus has elected to use JAMS as an independent dispute resolution mechanism. If you do not receive timely acknowledgment of your complaint, or we do not satisfactorily address your complaint, please visit the JAMS website at: http://www.jamsadr.com/file-safe-harbor-claim/ for more information and to file a complaint.
  6. Changes to This Privacy Policy. This Privacy Policy is subject to occasional revision, and if we make any material changes in the way we use your Personal Data, we will notify you by sending you an e-mail to the last e-mail address you provided to us, if any, and/or by prominently posting notice of the changes on our Site. Any changes to this Privacy Policy will be effective upon the earlier of thirty (30) calendar days following our dispatch of an e-mail notice to you or thirty (30) calendar days following our posting of notice of the changes on our Site. These changes will be effective immediately for new users of our Site, Software or Service, as applicable. Changes to this Privacy Policy may affect our use of Personal Data that you provided us prior to our notification to you of the changes. If you do not wish to permit changes in our use of your Personal Data, you must notify us prior to the effective date of the changes. Continued use of our Software, Site or Service, following notice of such changes shall indicate your acknowledgement of such changes and agreement to be bound by the terms and conditions of such changes.

*PLEASE NOTE: Because of the distinct features of our Discover product, we have prepared a Discover Product Privacy Policy which describes our practices specifically in regards to the use of Discover. Please see www.proteus.com/privacy for the Discover Product Privacy Policy.

Proteus Discover® Product Privacy Policy

Effective Date: October 10, 2017

Proteus Digital Health,® Inc. (“Proteus”) provides a medication adherence and activity measurement service to individual consumers (“Consumer”) through the combined use of an ingestible sensor taken with medications, a wearable patch, and possibly other devices such as a telemetric blood pressure cuff or weight scale (availability subject to change), with information accessible via Proteus mobile app or a browser-based portal (the mobile app and browser access constituting the “Portal”). The sensor-enabled medications, the wearable patch and the Portal are collectively referred to as the Service. Consumer may invite one or more people (such as medical professional, spouse, parent, etc.) who are considered “Caregivers,” each of whom will have some level of access to Consumer’s personal information. Depending on the Consumer’s needs and the version of the Portal used, one of these Caregivers might be granted access to the Portal. The Privacy Policy applies to personal information collected through Consumer’s use of the Service and use of the Portal by Consumer or Caregivers.

Proteus is committed to protecting the privacy of personal information collected from Consumer and Caregivers (collectively “Users” or individually “You”), in accordance with HIPAA and other applicable state and federal laws. This Privacy Policy provides details of Proteus’ privacy practices. Please read this Privacy Policy carefully. By using the Service or accessing the Portal, you expressly consent to the collection, use and disclosure of your personal data in accordance with this Privacy Policy. Users under the age of 13 may only use the Service with consent from their parents, which must be provided to us before the User begins using the Service. Your use of the Portal or the Service, and any dispute over privacy, is subject to this Privacy Policy and the Terms of Use.

  1. What Data will Proteus collect and how will that Data be used?

Data We Collect Directly From You. Your use of the Portal requires registration. The initial registration data is limited to basic identifiers such as your name, email address, and other data. We collect data from you that you have voluntarily submitted. For Users under the age of 13, their parents will be asked to provide consent permitting us to collect registration information, analytical data and any of the other data we collect from Users. A parent may revoke his or her authorization at any time and may request that we discontinue our use of any data collected from that parent’s child under the age of 13. Please see the section titled “Choices Regarding Your Data” below for more information. Please note that revoking your authorization to collect data may result in the User no longer being able to use the Services. We collect analytical data generated by the Service. Data required for use of the Service will be identified as such. The following are other examples of personal data that Proteus might collect about you:

  • Registration data (e.g., name, email address, and password and from the Consumer and other optional information provided such as – phone number, gender, height, weight, and date of birth).
  • Data generated by the Service during use (e.g., information about when medications are taken, physical activity levels, rest patterns, other physiologic metrics, patch connection to the body and the mobile app, patch battery status, etc.);
  • Data relating to your use of the Service (e.g., smart notifications, alerts, and permission settings, depending on the functionality of your version of the Portal), your receipt of smart notifications and alerts, and your access to the Portal;
  • Data that you provide when responding to questionnaires and surveys; and Data about you when you contact Proteus (for example with a question about the Service or Portal) or if we contact you in connection with the Service or Portal.

Data We Collect Automatically. We automatically collect “Log Data” about your use of the Portal through cookies, web beacons, and other technologies, including: your domain name; your operating system; your browser type and operating system; web pages you view; links you click; your IP address; internal service provider (ISP); referring/exit pages; date/time stamp; and the length of time you use any portion of the Portal and different actions you perform when using the Portal. We also collect “Log Data” about your use of the mobile app, including: mobile device ID; location and language data; device name and model; operating system type, name, and version; your activities within the mobile app; and the length of time that you are logged into the Portal through the mobile app. We may combine this data with other data that we collect about you.

Data We Receive From Others. Depending on the type of Service being provided to you and the authorization that you provide, we may receive additional data about you from your healthcare team, including: basic data such as age, gender, and height; and medical adherence data.  In order for your healthcare team to share such information with us, you must authorize such sharing.  You may revoke that authorization at any time.  At the time of your registration for the Service, you will receive a form of authorization.  You are not required to sign or accept the authorization in order to receive the Services.

Combined Data. Data generated by the Service will be combined with other data to improve the Service.

Use of Personal Data. Personal data will be used to:

  • provide you with the Service;
  • enable the Service to send smart notifications and alerts in accordance with Portal functionality and User settings;
  • contact you with administrative/service related notices;
  • investigate, and assist you with, any questions or complaints that you may have about the Service or Portal; and/or
  • contact you for feedback, opinions and suggestions related to the Service and Portal via email, Portal surveys, telephone calls and other similar means. Your participation in such feedback activities is voluntary.

Use of Combined Data. Combined data with no personal identifying information will be used to:

  • conduct research and product development;
  • carry out market research;
  • to improve clinical care and contribute to medical science and literature;
  • analyze use of the Service and Portal;
  • analyze the performance of the Service and Portal;
  • enhance the Service and Portal and to develop new products and services; and/or
  • support Proteus’s commercial product offering.

Use of Log Data. We use Log Data for:

  • analysis;
  • optimizing the Portal; and
  • resolving technical issues.

Push Notifications. We send push notifications to notify you of product related data. If you no longer wish to receive these types of communications, you may turn them off at the device level. However, by doing so, you may alter the way the Service operates. To ensure you receive proper notifications, we will need to collect certain information about your device such as operating system and user identification data. We will send application updates to your device, which you can decide whether or not to install depending on your device’s setting. If you have a Proteus provisioned device, updates will usually install automatically if the Service is active.

  1. Disclosing Your Data

Proteus will not share data about you with third parties except as described in this Privacy Policy. Subject to the laws of applicable states and jurisdictions, Proteus may disclose your data:

  • to our service providers who are involved in providing the Service or Portal; these third parties will not use personal data other than to provide the services requested by Proteus;
  • where there is a change in the ownership of Proteus or Proteus assets (e.g., another company acquires Proteus’s business or assets, whether by merger, sale of assets, sale of stock, through bankruptcy, or otherwise), to the new owners; the new owners will assume the rights and obligations regarding your data as described in this Privacy Policy;
  • in aggregate or de-identified format with third parties for marketing, advertising, research, analytical, or similar purposes;
  • to researchers by your participation in surveys, but we will not share personal data for research purposes without your prior consent;
  • in connection with any legal investigation or where Proteus (or our service providers) are required to do so by law, regulation or legal proceedings or to respond to subpoenas, court orders, warrants or other similar documents issued by a court having jurisdiction; and/or
  • to protect or defend the rights or property of Proteus, our service providers, or other users.
  1. Enabling Caregivers to see Consumer Data

If you are a Consumer, you can allow people you trust, such as your designated healthcare professionals or family members, to become Caregivers. You can allow access to your data via the Portal. You may choose Caregivers to receive smart notifications and alerts regarding data that is collected or generated by use of the Service. The extent to which a Consumer can manage each Caregiver’s access rights will vary based on Portal version and features. Consumer may also terminate or change a Caregiver’s access at any time, subject to Consumer’s Internet connectivity at that moment. Each Caregiver’s access will automatically terminate upon termination of Consumer’s access to the Service. Details of how Consumer can manage each Caregiver’s access can be found in the Help section of the Portal.

  1. Cookies and Other Tracking Mechanisms

We and our third party service providers use cookies and other tracking mechanisms to track data about your use of the Portal or Services. We may combine this data with other data we collect from you (and our third party service providers may do so on our behalf).

Currently, our systems do not recognize browser “do-not-track” requests. You may, however, disable certain tracking as discussed in this section (e.g., by disabling cookies).

Cookies. A cookie is a small text file that is stored on a user’s computer for record-keeping purposes. Some cookies allow us to make it easier for you to navigate our Portal, while others are used to enable a faster log-in process or to allow us to track your activities on the Portal. There are two types of cookies: session and persistent cookies.

  • Session Cookies. Session cookies exist only during an online session. They disappear from your computer when you close your browser or turn off your computer. We use session cookies to allow our systems to uniquely identify you during a session or while you are logged into the Portal. This allows us to process your online transactions and requests and verify your identity, after you have logged in, as you move through the Portal.
  • Persistent Cookies. Persistent cookies remain on your computer after you have closed your browser or turned off your computer. We use persistent cookies to track aggregate and statistical information about User activity and to retain login information.

Disabling Cookies. If you access the Portal from the Internet instead of our mobile app, your web browser may be set to automatically accept cookies, but if you prefer, you may edit your browser options to block them in the future. The Help portion of the toolbar on most browsers will tell you how to prevent your computer from accepting new cookies, how to have the browser notify you when you receive a new cookie, or how to disable cookies altogether. Visitors to the Portal who disable cookies will be able to browse certain areas of the Portal, but some features may not function.

  1. Third Parties

Google Analytics

We use Google Analytics, a web analytics service provided by Google, Inc. Google Analytics uses cookies to help analyze how Users use the Portal. Please see the following link for more information on Google’s web analytics services http://www.google.com/analytics.

We may from time to time use alternative or additional service providers that provide similar services.

Third Party Websites and Applications

When you click on a link to any other website or location, you will leave the Portal and go to another site and another entity may collect data from you. We have no control over, do not review, and are not responsible for, these outside websites or their content. Please be aware that the terms of Proteus’ Privacy Policy do not apply to these outside websites or content. You may choose to import information from other applications and in doing so, please consult their privacy policies or terms of use.

  1. Choices Regarding Your Data

You have the right to request a copy of personal data we have about you. If you would like a copy of some or all of that information, please contact Proteus at the address below. Each Consumer should be able to access most of the data via the mobile app (patients) or the Portal (health care providers).

You may ask Proteus to correct or remove data that is inaccurate by contacting us at the address below. When you login to the mobile application or Portal, you can change certain details directly.

Parents of Users under the age of 13 have the right to refuse to permit further collection of their child’s information, and the use and maintenance of such information, even if the parent had previously consented to our collection and use of the data. A parent can revoke his or her consent to further collection, use and maintenance by us of information about his or her children by contacting us through the methods described in the section titled, “Contacting Us About Your Data.” Please note that revoking consent to collect and use data may result in a User no longer being able to use the Services.

Subject to applicable law, parents of Users under the age of 18 may have the right to access certain or all of the User’s information. Please contact us for more information.

We will send you smart notifications and alerts via email, push notification, and/or SMS in accordance with Consumer’s settings and the Portal version. If you are the Consumer, you may change your smart notifications and alerts settings to stop these smart notifications and alerts. If you are a Caregiver, when you receive these smart notifications and alerts, you may indicate a preference to stop receiving them and you will have the opportunity to “opt-out” by following the unsubscribe instructions provided in the message you receive or replying “STOP” to the short message service (“SMS”) you receive or by contacting us directly (please see contact information below). By accepting an invitation from the User to be a Caregiver, you consent to receiving SMS messages as described above. You understand that your wireless carrier’s standard rates apply to these messages.

Proteus may use geo-location technology through the Service, but does not record your location information. If you no longer wish to allow us to this technology in our application, you may turn this off at the device level.

We may periodically send Users free newsletters and promotional messages. When you receive newsletters or promotional communications from us, you may indicate a preference to stop receiving further communications from us and you will have the opportunity to “opt-out” by following the unsubscribe instructions provided in the message you receive or by contacting us directly (please see contact information below). Despite your indicated preferences, we may send you Service related communication, including notices of any updates to our Terms of Use or Privacy Policy. Please note that it may take up to 10 business days for us to process opt-out requests.

We do not currently share any personal information of our Users with third parties for their direct marketing purposes. If our practices changes we will notify you as required by applicable law.

  1. Children Under 13

The Service may be used by children under the age of 13 only if they are registered by a parent or guardian in accordance with applicable laws. Parents of Users under the age of 13 will be required to provide consent as described in the section titled “What Data will Proteus collect and how will that Data be used?” and will be permitted to revoke their consent to further use and maintenance of information about their child as described in the section titled “Choices Regarding your Data.”

  1. Retention of Your Data

Proteus will keep your data for as long as your account is active or as long as it is necessary to fulfill the purposes for which it was collected, as necessary to comply with our legal obligations, to resolve disputes, enforce our rights or similar purposes, or to the extent permitted or required by law.

  1. Security

Proteus uses a variety of security technologies and procedures designed to help protect data from unauthorized access, use, or disclosure. Any sensitive data transmitted through Proteus applications will be encrypted during transmission. No method of transmission over the Internet, or method of electronic storage, is 100% secure, however. Therefore, Proteus cannot guarantee its absolute security.

Each user is responsible for keeping their individual password secure and confidential. You should take all necessary steps to ensure the confidentiality of your passwords to avoid third parties gaining unauthorized access to Consumer’s data. Proteus accepts no responsibility for any loss, damage or harm arising as a result of Consumer or Caregivers sharing or disclosing passwords to others. Please contact us immediately via email or the postal address listed below if you suspect that there has been any unauthorized access to your account.

  1. Changes to This Privacy Policy

This Privacy Policy is subject to occasional revision, and if we make any material changes in the way we use personal data, we will notify you as required by applicable law. Any changes to this Privacy Policy will be effective upon the earlier of thirty (30) calendar days following our dispatch of the communication (email or push notification) or thirty (30) calendar days following our posting of notice of the changes on the web access to the Portal. These changes may be effective immediately for new users. In any event, changes to this Privacy Policy may affect our use of personal data that you provided us prior to our notification to you of the changes. If you do not wish to permit changes in our use of this data, you must notify us prior to the effective date of the changes that you wish to cease using the Service and/or Portal. Continued use of the Service and/or Portal, following notice of such changes shall indicate your acknowledgement of such changes and agreement to be bound by the terms and conditions of such changes.

  1. Disputes

Proteus is committed to resolving complaints about your privacy and our collection or use of your personal data. Users with inquiries or complaints regarding this Privacy Policy should first contact Proteus at: privacy@proteus.com.

  1. Contacting us about Your Data

Please contact Proteus Customer Support if you have any questions about the data that Proteus holds about you and for any request you may have to access, correct or delete your personal data. Please contact us at the following email address: privacy@proteus.com.

If you wish to contact us via postal mail, our address is provided below.

Proteus Digital Health, Inc., 2600 Bridge Parkway, Redwood City, CA 94065, United States

Customer Support:

U.S. Phone: +1 855 255 5858
English language support available

All geographies, Helpdesk Email: support@proteus.com

*PLEASE NOTE: This Discover Product Privacy Policy specifically pertains to our practices in regards to data we collect from users of our Discover product, because of the distinct features of Discover. For Proteus’ general Privacy Policy, which describes our practices in regards to data we collect from other sources than Discover, please see www.proteus.com/privacy.

Contact Us

For general inquiries regarding Proteus or our products:

Proteus Digital Health, Inc.
2600 Bridge Parkway
Redwood City, CA 94065
P.
+1.650.632.4031
F.
+1.650.632.4071
3956 Point Eden Way
Hayward, CA 94545
P.
+1.650.637.6403