Last Revised: July 2, 2020
Remmie, Inc. (“Remmie”, “Company” “we” or “us”) respect the privacy of the Users of our Services and are committed to protect the Personal Information that Users share with us in connection with the use of the Services.
We may collect three types of data and information from our Users:
- Personal Information, which is information that identifies an individual or may with reasonable effort identify an individual, either alone or in combination with other information, or may be of private or sensitive nature including Medical Information of a User, unless anonymised;
- Non-personal Information, which is non-identifying and non-identifiable information, without particular reference to the identity of the User from or about whom such information was collected; and
- Medical Information, which is any medical information, including physiological data of the body parts or organs, physiological data, diagnosis, tests, results, treatments, prescription, therapy, counseling, laboratory and any other health related information.
FOR THE AVOIDANCE OF DOUBT, ANY NON-PERSONAL INFORMATION CONNECTED OR LINKED TO ANY PERSONAL INFORMATION SHALL BE DEEMED AS PERSONAL INFORMATION AS LONG AS SUCH CONNECTION OR LINKAGE EXISTS. IN THIS CONTEXT IT IS IMPORTANT TO NOTE THAT MEDICAL INFORMATION MAY BE CATEGORIZED AS EITHER PERSONAL INFORMATION OR NON-PERSONAL INFORMATION IN ACCORDANCE WITH THE DEFINITIONS ABOVE AND THE CHARACTERISTICS OF EACH SPECIFIC ITEM OF MEDICAL INFORMATION.
- Personal Information which is collected when you interact with the Service. We collect Personal Information you provide to us when you access the Services or in the course of your use of the Services, including when you register and open an Account, when you provide additional information about yourself and/or about a User during your use of the Services, when you conduct an exam and communicate its results to a clinician via Services, or when you contact us directly.
More specifically we collect and use the following categories and types of information:
- Registration Information: When a User registers to the Services or updates their Account details, such User will be required to provide his/her contact information such as full name, e-mail address, phone number, full address, username and password. The User may also be required to input certain personal demographic details which are related to the Services provided such as date of birth, gender and family members.
- Medical Information Transmitted in the Course of Using the Services: the User’s Medical Information may be transmitted by or to you through your active and voluntary use of the Remmie Device, such as descriptions of medical/health status, audiovisual recording (e.g. images and videos of the ear drum), descriptions and images of human body organs and related symptoms and related materials, whether in real time or off-line and diagnosis of visits as inputted by clinician.
- Personal Information which is being collected by us automatically when you use the Services. This is information which we automatically receive from devices (including Remmie Device and mobile devices) and software that you use when you access or interact with our Services. This information includes IP address, Unique Device Identifier or other persistent user and/or mobile device token (as applicable), geolocation, device type, operating system, browser type and version, screen resolution, browser and keyboard language, the User's 'click-stream' and activities on the Services, the period of time the User visited the Services and related time stamps.
- Non-Personal Information collected through your use of the Services. We may be aware of your use of the Services, and may gather, collect and record the information relating to such usage, either independently or through the help of our third-party services as detailed below. We may also collect Non-personal Information through the analysis aggregation and anonymization of Personal Information provided by you.
You agree and acknowledge that, in providing Services, Remmie records and stores the audiovisual data and related information in connection with the your Personal Information communicated through the Services by you or on your behalf, and to you in the scope of your use thereof and that Remmie shall maintain and use such information in accordance with the terms hereof.
- Legal Basis of Use
- With your consent: We ask for your agreement to collect and process your information for specific purposes and you have the right to withdraw your consent at any time.
- Purpose of Use
We may use the Personal Information that we collect about you for the following purposes:
- To provide and operate the Services, including without limitation, enabling Users to perform an ear infection analysis remotely without the need to meet a clinician face-to-face and enabling clinicians to collect health-related information and have it available for future review and other functions or services as otherwise described to you at the time of collection;
- To send you updates, notices, notifications, and additional communications regarding the Services;
- To be able to manage your Account and provide you with customer support services which may include at Remmie’s discretion, review of your examination data and audiovisual recordings to detect any incorrect use of the Services and upon such detection having our support team contact you through the Remmie App to provide you with support for correction of such use;
- To study and analyze the information on an aggregated, statistical basis to discover patterns and anomalies, to study complications and treatment methods and improvements, and other medical/clinical related research and development;
- To enable us to further develop, customize and improve the Services based on Users’ common preferences, uses, attributes and anonymised data;
- To enable us to provide our Users with a better user experience, with more relevant and accurate information, services, third party services, features and functionalities, statistical and research purposes;
- To prevent, detect, mitigate, and investigate fraud, security breaches or other potentially prohibited or illegal activities; and
To comply with any applicable rule or regulation, to protect our legal interests and/or respond to or defend against (actual or potential) legal proceedings against us or our affiliates.
Remmie will not share or otherwise allow access to any Personal Information it collects to any third party, except in the following cases:
- Law enforcement, legal proceedings, and as authorized by law: We may disclose Personal Information to satisfy any applicable law, regulation, legal process, subpoena or governmental request;
- Our Affiliated Companies: In the case where Remmie is undergoing any change in control, including by means of merger, acquisition or purchase of all or substantially all of its assets, we may share Personal Information with the parties involved in such event. If we believe that such change in control might materially affect your Personal Information then stored with us, we will notify you of this event and the choices you may have via e-mail and/or prominent notice on our website or Services;
- Third Party Services: We partner with certain third parties to provide selected services that are used to facilitate and enhance the Services (“Service Providers"). Such Service Providers may have access to, or process on our behalf Personal Information which we collect, hold, use, analyze, process and/or manage. These Services Providers include hosting, database and server co-location services (e.g. Amazon Web Services), data analytics services (e.g. Google Analytics), payment processors (e.g. Shopify), session replay records for app analytic purposes such as crashes, functionality and usability, remote access services, data and cyber security services, fraud detection and prevention services, e-mail and text message distribution and monitoring services, customer support and call center services, and our business, legal and financial advisors. We remain responsible for any Personal Information processing done by Service Providers on our behalf, except for events outside of our reasonable control;
- Clinicians and Third-Party Professionals: We may share with or allow clinicians of your choice access to your Personal Information. Additionally, if your clinicians, if so permitted under applicable law, determines that they require clinical/medical consultation with a third party clinicians, we may share your Personal Information with such third party professional, in order to provide you with the Services.
For avoidance of doubt, Remmie may, at its own discretion, transfer and disclose to third parties or otherwise use Non-personal Information, including Medical Information which has been anonymised.
The Services are intended for Users located within the United States. If you choose to use the Services from the European Union or other regions of the world with laws governing data collection and use that may differ from U.S. law, then please note that you are transferring your personal information outside of those regions to the United States for storage and processing. Also, we may transfer your data from the U.S. to other countries or regions in connection with storage and processing of data, fulfilling your requests, and performing the Services. By providing any information, including Personal Information, in the course of the use of the Services, you consent to such transfer, storage, and processing.
If for any reason you wish to (i) modify, update, suspend the processing, revise and/or delete your Personal Information stored with us and identifying to you, (ii) ask for our confirmation as to whether or not we process your Personal Information, or (iii) delete your Account from the Services, you may do so by contacting Remmie through Services’ appropriate channel (certain changes may be performed through the Remmie App while all changes and deletions of Accounts may be done by contacting Remmie support at firstname.lastname@example.org). Subject to our records retention policies, we will delete any such Personal Information pursuant to any applicable privacy laws or otherwise de-identify any such Personal Information and thereby transform it to become Non-Personal Information.
Subject the limitations pursuant to applicable law and if entitled for the same thereunder, you may also be entitled to obtain the Personal Information you directly provided us (excluding data we obtained from other sources) in a structured, commonly used, and machine-readable format and may have the right to transmit such data to another party. We may provide such access through the Services.
If you wish to exercise any of these rights, contact us at email@example.com. When handling these requests, we may ask for additional information to confirm your identity and your request.
To find out whether these rights apply to you and on any other privacy related matter, you can contact your local data protection authority if you have concerns regarding your rights under local law.
To open an Account on our Services, you must be over the age of eighteen (18). Without relieving you of your responsibility to comply with the TOU and the terms hereof we reserve the right (without obligation) to request proof of age at any stage so that we can verify that minors under the age of eighteen (18) are not using our Services.
If you have added and listed a User under the age of 18, you hereby declare to Remmie that you are the parent or legal guardian of such User or that you are a clinician authorized to provide care for such User:
- For Parents or Guardians. If you are a parent or guardian you may use the Services, to provide Personal Information on behalf of your child or dependent who is under the age of eighteen (18) by adding and listing them under your Account. In such case, you (in your capacity as parent or guardian) assume full responsibility for ensuring that the information that you provide to Remmie about your child or dependent is kept secure and accurate.
- For Clinicians: If a User is under the age of eighteen (18), you hereby declare that you have all of the required consents, approvals, and rights to provide health services to such User including the receipt, access, processing, transmitting, displaying and providing Personal Information on the minor’s behalf.
In the event that it comes to our knowledge that a person under the age of eighteen (18) is using our Services, not in accordance with the abovementioned terms, we reserve the right to prohibit and block such User from accessing our Services and will make all efforts to promptly delete any Personal Information with regard to such User.
When you access or use the Services, we may use industry-wide technologies which store certain information on the Remmie Device and/or your smartphone or other mobile device (“Local Storage”) and which will allow us to enable automatic activation of certain features, and make your Services experience much more convenient and effortless.
If you provide us with your contact details through the Services, for the purpose of receiving from Remmie different offers with respect to the Remmie Services, you hereby agree that we may use such contact details, in order to contact you, inform you regarding our products and
services which may interest you, and send you other marketing material, including news and updates by transmission to the e-mail address or phone number you have provided.
You may withdraw your consent by sending us a written notice via email to the following address: firstname.lastname@example.org.
We take a great care in implementing and maintaining the security of the Services, and our Users’ Personal Information. Our Services, or parts thereof, are hosted on Amazon Web Services, which provides advanced security features. Remmie employs industry standard procedures and policies to ensure the safety of its Users’ Personal Information, and prevent unauthorized use of any such information, including secured transmission protocols and AES 256-bit encryption. However, we do not and cannot guarantee that unauthorized access will never occur.
We urge you to use the strongest password combination available on your mobile device and employ reasonable physical security means to protect unauthorized access.
Our privacy practices are intended to comply with our obligations as a Business Associate with respect to your health care provider under the Health Insurance Portability and Accountability Act of 1996 ("HIPAA"). We will maintain the privacy of your Personal Information as required by HIPAA and by any Business Associate Agreement we might have with your healthcare provider. We encourage you to review your healthcare provider’s Notice of Privacy Practices, which describes how your Provider may use and disclose your personal health information (“PHI”) to us and others.
The following notice is made pursuant to Section 181.154 to the Texas Health and Safety Code to the extent applicable - Subject to and in accordance with the terms hereof, PHI may be stored, processed, conveyed, and in some instances, disclosed in an electronic format. Remmie will provide you with a written notice and request a separate authorization in the event of electronic disclosure other than for the purpose of treatment, payment, health care operations, or as otherwise authorized or required by state or federal law.
The Services are not directed to children under 13 (or other age as required by local law), and we do not knowingly collect Personal Information from children without the permission of a parent or guardian. If you learn that your child has provided us with Personal Information without your consent, you may contact us as set forth below. If we learn that we have collected any Personal Information in violation of applicable law, we will promptly take steps to delete such information and terminate the child’s account.
By contacting us, you represent that you are free to do so and that you will not knowingly provide Remmie with information that infringes upon third parties’ rights, including any intellectual property rights. You further acknowledge that notwithstanding anything herein to the contrary, any and all rights, including intellectual property rights in such information provided, shall belong exclusively to Remmie, and Remmie may use or refrain from using any such information at its sole discretion.
You should not share any Medical Information when communicating with Remmie’s support and customer service team. Medical Information should be shared with clinicians, and the designated support and customer service teams are not healthcare professionals and cannot offer medical advice.