Qolty Privacy Policy

Introduction

This Privacy Policy is designed to inform users of the Qolty, Inc. (“Qolty”) website (www.Qolty.com), dashboard (research.Qolty.com), mobile application and services (collectively, the “Services” or “Service”) about how we gather and use personal information collected by us in connection with use of the Service. You may have been invited to use, download or install the Service from a third party as part of an ongoing study or research project or your healthcare provider (such third party, the “Institutional Client”), or you may have subscribed or downloaded and installed the Service for your personal use. We will take reasonable steps to protect user privacy consistent with the guidelines set forth in this Privacy Policy and with applicable U.S. laws. In this Privacy Policy, “user” or “you” means any individual using the Service, whether by downloading or browsing the Service, registering with us by creating an account, or participating in any other activities available through the Service. BY ACCESSING OR USING THE SERVICE, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTAND, AND AGREE TO BE BOUND BY THIS PRIVACY POLICY AND OUR TERMS OF SERVICE. IF YOU DO NOT AGREE TO THESE TERMS, DO NOT USE THE SERVICE.

What Information Do We Collect?

User Interaction Data: We may use mobile tracking technologies such as cookies, web beacons, pixel tags and clear GIFs, as well as embedded code in the Services itself, in order to operate the Service efficiently, and to collect data related to your usage of and interaction with the Service, and general use and interaction with your mobile device. All such collected data (collectively, “User Interaction Data ”) may include how and when you use your mobile device for communications with others, including mobile phone and text use, and your location and speed of movement while you use your mobile device. Such User Interaction Data may also include, but is not limited to, call information, SMS information (see Safeguards below), location samples, accelerometer samples, smartphone actions, and smartphone screen-time related to, or resulting from, your use of the Services. We do not access or collect the content of your mobile phone communications, such as conversations or text messages.

User Survey Data; Personal Information: We collect the following personal information in connection with the Service: (a) when you register to use the Service, whether in your individual capacity or on behalf of an organization, we may collect the personal information that is disclosed on our online registration form, such as your name, email address and other information detailed therein (the “Account Data”); (b) if you communicate with us by email, we will collect your email address; and (c) if you use the Services to respond to surveys and questions from an Institutional Client, we may collect the information you provide in your responses, such as health information (if any) (the “User Survey Data”). Such User Survey Data includes, but is not limited to, your answers or submissions to study surveys and health questionnaires, inferred health status for specific conditions, and survey alerts. The User Survey Data, together with the User Interaction Data, is referred to as “Unprocessed User Data.” We may also collect certain demographic information, such as age and gender, that may be disclosed by you. All of the Account Data, e-mail addresses, demographic information, and Unprocessed User Data is referred to in this Policy as “Personal Information”. Any health information that you provide is safeguarded in accordance with applicable U.S. laws.

How Do We Use the Information We Collect?

Creation of Processed Data: Qolty will use its proprietary technology and the Unprocessed User Data to compile personalized data profiles known as Qolty Data Profiles (“HDP”) for each user. Such HDP analysis, and other data processed from Unprocessed User Data (collectively, the “Processed User Data”), may be summarized or otherwise set forth in one or more written report(s) (the “Reports”). Such Processed User Data and Reports may be delivered to the applicable Institutional Client (and/or to you within the mobile application or through the applicable Service). The applicable Institutional Client may also be provided with User Survey Data.

Use of Personal Information: We will use and store Personal Information for the purpose of delivering the Service to you and where applicable, to Institutional Clients, and to analyze and enhance the operation of the Service. We store Personal Information, and where applicable, any information obtained from Institutional Clients for proprietary analysis and development of personalized HDP for each user for you or where applicable, the Institutional Client. Personal Information may also be used for the internal operational and administrative purposes of the Service. We will not sell or use Personal Information for purposes other than what is authorized pursuant to your End User License Agreement (“Terms of Use”). For example, we will not sell your identifying Personal Information to. For example, we will not sell your identifying Personal Information to third party direct marketers or advertisers. In order to share insights across Institutional Clients, allow for additional research and product development, and to garner insights about the data that we gather over time, Qolty may anonymize your Personal Information, or de-identify your health information in a way that meets the Health Insurance Portability and Accountability Act of 1996 (HIPAA) de-identification standard, so that the data will no longer be identifiable to you.

Aggregate Information: We will create statistical, aggregated data relating to our users and the Service for analytical purposes. Aggregated data includes data derived from Personal Information and obtained by Qolty from other sources in aggregated, anonymous form and does not identify any individual (such data, “Aggregate Information”). Subject to applicable laws and regulations, we use Aggregate Information to understand our customer base and to develop, improve and/or market our Services. We may provide Aggregate Information to third parties.

Legal Exception: Under certain circumstances, Personal Information may be subject to disclosure pursuant to judicial or other government subpoenas, warrants, or orders. As such, notwithstanding the above, we may in any event use Personal Information, Aggregate Information and any other information collected and created through the Service to the extent required by law or legal process, to resolve disputes, to enforce our agreements (including this Privacy Policy and the Terms of Use) with you, or if in our reasonable discretion use is necessary to protect our legal rights or to protect third parties.

Email and Other Communications: If you register and provide your email address, we may send you administrative emails. If you wish to opt out of these emails, you may do so by following the “unsubscribe” instructions in the email; provided however, Qolty may maintain the right to send you important emails about your account or the Services. Email and text messaging allows healthcare providers to exchange information efficiently for the benefit of users/patients. At the same time, we recognize that email and text messaging are not a completely secure means of communication because these messages can be addressed to the wrong person or accessed improperly while in storage or during transmission. Your use of the Service means that you agree and consent to the use of email and/or text messaging as an acceptable form of communication.

User Testimonials: We value your feedback on, and appreciate any testimonials about, our Services. If you send us any such feedback or testimonials, they shall be deemed, and shall remain, the property of Qolty and none shall be subject to any obligation of confidence on our part. However, Qolty shall obtain prior written approval of any usage of your identity or contact information, if Qolty wishes to reference you in connection with that feedback or testimonial.

What Information Do We Disclose to Third Parties?

Personal Information: We will not disclose your identifying Personal Information, including identifiable health information, to any third party except as follows: (i) Qolty may disclose your Personal Information to an Institutional Client on whose behalf the information was collected. (ii) Qolty may disclose your Personal Information to third party contractors engaged to provide services on our behalf (“Contractors”), such as performing marketing, analyzing data and usage of the Service, operating the Service or providing support and maintenance services for the Service, or providing customer service. We enter into confidentiality agreements with all Contractors that require Contractors to use the Personal Information they receive only to perform services for us. (iii) Qolty may otherwise disclose your Personal Information when we have your consent to share the information. In such cases, we will have written contracts in place with the third parties requiring them to comply with the applicable terms of this Privacy Policy and all applicable statutes, regulations and laws pertaining to the protection of such Personal Information.

Aggregate Information: We may disclose Aggregate Information (which has been de-identified) to third parties, such as the Institutional Client, potential customers, business partners, advertisers, and funding sources, as part of our business and operations. We may also license, sell, or otherwise use or provide Aggregate Information.

Network Operators: Use of the Service may involve use of the services of third party telecommunications carriers. Such carriers are not our contractors, and any information that a carrier collects in connection with your use of the Service is not “Personal Information” and is not subject to this Privacy Policy. We are not responsible for the acts or omissions of telecommunications carriers.

Additional Disclosures: We reserve the right to disclose any information we collect in connection with the Service, including Personal Information, (a) to a subsidiary or parent company or to any successor to our business as a result of any merger, acquisition, asset sale or similar transaction; and (b) to any law enforcement, judicial authority, or governmental or regulatory authority, to the extent required by law or if in our reasonable discretion disclosure is necessary to enforce or protect our legal rights or to protect third parties.

Third Parties: We reserve the right to use third parties to provide or support the Service.These third parties are used to provide a more efficient service to users/patients. Such third parties have their own policies and procedures around information security. Your use of the Service means that you agree and consent to the security and privacy policies of such third parties.

Accessing and Updating Your Personal Information

Whenever you use our Services, we aim to provide you with access to your Personal Information. If that information is wrong, we strive to give you ways to update it quickly, or to delete it – unless we have to keep that information for legitimate business or legal purposes. You may send us an email to support@Qolty.com requesting that we remove your account and delete all of your Personal Information, that we stop collecting data from your mobile phone, or to otherwise provide us with the necessary changes to update your Personal Information. We aim to maintain our Services in a manner that protects information from accidental or malicious destruction. Subject to applicable law, your identifying Personal Information shall be deleted from our records within 90 days of your request or the termination of the Terms of Use you enter with us. Notwithstanding, we have the right to continued use of any Aggregate Information or de-identified information even if we have deleted the underlying Personal Information. Furthermore, even when your Personal Information is deleted from Qolty’s system, you acknowledge data is not removed from existing HDPs, the Processed User Data or Reports that were built off of that data, including those that may have been previously provided to Institutional Clients.

Privacy Settings

Qolty is happy to allow you to review or amend your email address or account information held in our database, at any time. Please contact us by sending an email to: support@Qolty.com. If you would like your account permanently removed from our database, please contact us at support@Qolty.com. We will promptly terminate your account, and you will no longer receive emails from Qolty. Termination of your account will not result in the deletion of any Aggregate Information and de-identified information that Qolty holds relating to you, and we will retain this information and may use and disclose it in accordance with this Privacy Policy. As stated above, applicable laws may require Qolty to retain certain information following termination of your account. Qolty may still contact users who have deleted their information for administrative purposes in connection with the Services.

General

Security: We use reasonable security precautions to protect the security and integrity of your Personal Information in accordance with this Privacy Policy and applicable law. However, no Internet transmission is completely secure, and we cannot guarantee that security breaches will not occur. Without limitation of the foregoing, we are not liable for the actions of hackers and other unauthorized third parties that breach our security procedures. Nor are we responsible for other breaches to your Personal Information outside our control, such as resulting from loss, theft or unauthorized use of your mobile device or third party systems.. You are responsible for maintaining the security of your login ID and password. If you believe that your login ID or password have been compromised you should immediately change your password and contact support. Qolty is not responsible if someone else accesses your account through registration information they have obtained from you or through a violation by you of this Privacy Policy or your Terms of Use.

Safeguards: We have implemented the following technical safeguards to minimize the potential risk of a privacy breach: – During analysis, data is linked only to coded identifiers for the participants, and not to any personal identifiers. – Contents of SMS messages or phone calls are not captured. Only SMS and phone call events are logged. – Incoming and outgoing phone numbers and names from your contacts are stored encrypted. – Raw audio is not captured or stored. – Email addresses used during the Mobile Application install process and to send notifications will be inaccessible for analysis, and stored in encrypted form.

Links: The Qolty Service may contain links to other websites. Qolty is not responsible for the privacy practices or the content of those websites. Users should be aware of this when they leave our Service and are encouraged to review the privacy statements of each third party website. This Privacy Policy applies solely to information collected by the Service.

Amendments: Qolty may modify or amend this Privacy Policy from time to time. If we make any material changes, as determined by Qolty, in the way in which Personal Information is collected, used or transferred, such changes to this Privacy Policy will be available via a link to the most current terms of the Qolty Privacy Policy (which can be found at Qolty’s website for the Services). Notwithstanding any modifications we may make, any identifying Personal Information collected by Qolty from you will be treated subject to applicable laws and regulations. The date last revised appears at the top of the Privacy Policy. Changes take effect immediately upon posting.

Do Not Track Browser Requests: Qolty does not use services that track your behavior across the Web. Therefore, our Service does not alter its behavior or change its services upon receiving Do Not Track requests from your web browser.

Children: Qolty does not knowingly collect or maintain personally identifiable information from persons under 13 years of age, and no part of the Service is directed at persons under 13. If you are under 13 years of age, then please do not use the Service. If Qolty learns that personally identifiable information of persons less than 13 years of age has been collected without verifiable parental consent, then Qolty will take the appropriate steps to delete this information. To make such a request, please contact us at support@Qolty.com.

General Inquiries and Concerns: To submit a general inquiry or concern, please contact us at support@Qolty.com or write to us at the following address: Qolty, Inc. 6382 La Sierra Ave., Riverside, CA 92505

Service Visitors from Outside the United States: Qolty and its servers are located in the United States and are subject to the applicable state and federal laws of the United States. If you choose to access or use the Service, you consent to the use and disclosure of information in accordance with this Privacy Policy and subject to such laws.

This Privacy Policy was last updated on: January 1, 2016.