Effective Date: October 17, 2018
We always seek to improve our Services to you, and that requires that we collect, store, share, and use information about you and your usage preferences. As we do so, we are absolutely committed to protecting your privacy and the security of your personal information.
DESCRIPTION OF SERVICES
BleuBeri is a patient-sided application designed for epilepsy sufferers and their caregivers. It allows users to measure and track the duration of seizures and the time between them. It also allows users to track medications and basic analytical trends that users can assess for themselves. Finally, the app can record important medical information that is generated during seizures, including audio recordings. In this Agreement, all these functions are included in the term “Services.” The term “Services” also includes all of BleuBeri’s mobile applications and related players, widgets, tools, software, personalized content, and other applications, as well as any other services and tools now known or later developed by BleuBeri.
LAWFUL BASIS FOR PROCESSING
When you enter into an agreement with us, either in hard copy or by clicking “I Accept” or similar language online, we will process your Data for the purposes of fulfilling the terms of our contract with you. In that case, our processing of your Data is based on the contract, so your withdrawal of consent will only be effective after the purposes for processing that Data have been fulfilled and after we no longer have a legal obligation to keep that Data.
In all cases, we will comply with applicable law and we will cease processing your Data after the legal obligation or other necessity passes.
The Services are directed solely to persons 18 years of age or older or of children under 18 who are supervised by a parent, guardian, or other caregiver. Other than for Data collected for the specific purpose of providing the Services to users, we do not knowingly collect Data from users who are under 13. If we become aware that we have gathered Data from a person under 13, except to provide the Services to such person, then we will attempt to delete such Data as soon as possible, subject to our obligations under applicable law. If you believe that we have gathered Data from a person under 13 in contravention of this policy, please contact us at email@example.com.
INFORMATION WE COLLECT AND HOW WE USE IT
A. Registration Data
Data Description: Registration Data consists of the name, e-mail address, and other contact information you provide us using the Services, both when you register your account and thereafter. Registration Data also includes your username, membership type (e.g., ad-supported or paid membership), and membership end date.
Lawful Basis for Processing: Our lawful basis for processing Registration Data is our contract with you. We can only provide the Services to you if we have the Registration Data, so we need to store and access that Registration Data during the term of our contract.
How We Use It and Who We Share It With: Registration Data is accessible only to us. We use it only to provide the Services to you. At times, we will share the Registration Data with third parties at your request or to fulfill requests that you make to us. We may use your Registration Data to offer goods or services to you, but only after obtaining your specific consent.
B. Medical Data
Data Description: Medical Data consists of all the information you input or record using the Services other than the Registration Data. It includes the recorded audio of any recording you make using the Services, medications taken, the frequency and duration of seizures, and all other records related to your health that are collected or processed by the Services.
Lawful Basis for Processing: Our lawful basis for processing Medical Data is (1) our contract with you and (2) our legitimate interest in improving our Services based on the Medical Data we receive from you.
How We Use It and Who We Share It With: Your Medical Data is accessible only to us, to you, and where it relates directly to a Vendor who also provides services in connection with our Services, to that Vendor, in which case we will obligate such Vendor by contract to protect the confidentiality of your Medical Data. We do not share Medical Data with other third parties, except at your specific request, but we may use Medical Data to make inferences that help us provide and improve the Services. We may also use Medical Data in an aggregated format that is not identifiable to any individual, and that aggregated information belongs solely to us. To the extent we are required to delete any Medical Data about you, we may still retain aggregated and anonymized information that may have originated as your Medical Data.
C. Usage Data
1. Data Description: Usage Data consists of the following and similar information:
Information about your interactions with the Services which includes the date and time of any requests you make. This also may include details of your use of Third-Party Applications and advertising you receive.
The timing of the information you post to the Services including messages you send and/or receive via the Services and your interactions with our customer service team, but not including the content of those interactions and messages, which would be included as Medical Data.
Technical data which may include URL information, cookie data, your IP address, the types of devices you are using to access or connect to the Services, including the hardware models, device IP address, operating systems and versions, software, file names and versions, preferred languages, unique device identifiers, advertising identifiers, serial numbers, device motion information, and mobile network information, as well as unique device IDs, device attributes, network connection type (e.g. WiFi, 3G, LTE, Bluetooth) and provider, network and device performance, browser type, language, information enabling digital rights management, operating system, and application version.
Motion-generated or orientation-generated mobile sensor data (e.g. accelerometer or gyroscope) required for the purposes of providing specific features of the Services to you.
2. Lawful Basis for Processing: Our lawful basis for processing Usage Data is (1) our contract with you and (2) our legitimate interest in improving our Services based on the Usage Data we receive from you.
3. How We Use It and Who We Share It With: Usage Data is accessible to us and to you. We do not share it with third parties, except at your specific request, but we may use Usage Data to make improvements to the Services. We may also use Usage Data in an aggregated format that is not identifiable to any individual, and that aggregated information belongs solely to us. To the extent we are required to delete any Usage Data about you, we may still retain aggregated and anonymized information that may have originated as your Usage Data.
D. Payment Data
1. Data Description: Payment Data is the information necessary for us to process your payments for premium Services. Payment Data will vary depending on the payment method you use (e.g. direct via your mobile phone carrier or by invoice) but will include information such as:
Date of birth;
Credit or debit card type, expiration date, and certain digits of your card number;
Address and postal code; and
Mobile phone number
2. Lawful Basis for Processing: Our lawful basis for processing Usage Data is (1) our contract with you and (2) our legitimate interest in improving our Services based on the Usage Data we receive from you.
3. How We Use It and Who We Share It With: We only use Payment Data to facilitate payment, and we only communicate it to those parties who are strictly necessary for that purpose.
E. Supplemental Mobile Data
1. Data Description: Supplemental Mobile Data consists of the following and similar information:
Your precise mobile device location - If you give us permission to access your precise location, this enables us to access your GPS or Bluetooth to provide location-aware functionality in the Services. Please note that this does not include your IP address. We use your IP address to determine non-precise location, for example, what country you are in to comply with our licensing agreements;
Your voice data - If you give us permission, this enables us to access the voice commands captured via your device microphone to enable you to interact with the Services with your voice. Please note you will always have the ability to turn off the microphone feature;
Your contacts - If you give us permission to access your contacts, this enables us to access individual contacts stored on your device to help you find friends who use the Services;
The Company user profile includes age, gender, and other personal characteristics use for the purpose of delivering certain features; and
Your photos - If you give us permission to access your photos or camera, we will only access images that you specifically choose to share with us and metadata related to those images, such as the type of file and the size of the image. We will never scan or import your photo library or camera roll.
2. Lawful Basis for Processing: Our lawful basis for processing Supplemental Mobile Data is (1) our contract with you and (2) our legitimate interest in improving our Services based on the Supplemental Mobile Data we receive from you.
3. How We Use It and Who We Share It With: We only use Supplemental Mobile Data when you specifically authorize it, and we only share it with those parties who are strictly necessary for the purpose you have authorized.
A. Current and Potential Employees
We often use the services of third parties to help us to recruit new employees and independent contractors and to manage our interactions with current employees and independent contractors. We do our best to contractually ensure that these third-party service providers comply with the policies we have adopted. However, we can’t guarantee their compliance in every case.
Our lawful basis for processing Data about potential and current employees and independent contractors is our contract with them and our legitimate interest in processing that Data, both to facilitate the formation of a formal relationship and to manage that relationship once it is formed. We only use employment Data for the direct purpose of the employment or independent contractor relationship, and we cease using it as soon as that relationship ends. However, we may keep and process that Data after the relationship ends when we are required to do so by applicable law or to preserve legal claims that may arise.
Many of our clients are caregivers of individuals who suffer from epilepsy. If you are a caregiver, you may use the Services for the purposes of assisting such a person. In doing so, the Services may record information about you in connection with the patient. Your Data falls under the same categories listed above as the Data provided by patients and is protected and used under the same lawful bases and following the same policies listed above. However, you also agree to protect the confidentiality of the Data about the patient with which you come in contact in the process of using the Services. If you use their Data for any other reason, you must be able to prove that you have obtained their specific consent to such use or that you have another lawful basis for such use.
SHARING YOUR INFORMATION
Except where a specific limitation is noted above, we may share your Data as follows:
At Your Instruction. If you request us to make your Data available to a third party, and such request furthers the purposes of our Services, we will do so.
Sharing with Vendors and Service Providers. In certain cases, we use the services of third- party vendors and service providers to assist us in providing the Services. We may share your Data with such vendors and service providers solely for that purpose, and we will require those parties to abide by our privacy policies.
Service Providers. We may sometimes use a third party to provide specific Services on our behalf, including sending e-mails to our members, conducting member surveys, processing transactions or performing statistical analysis of our Services. In these cases, we may provide certain personal information, such as your name and e-mail address and other financial information necessary for the service to be provided. However, these third parties are required to maintain the confidentiality of this information and are prohibited from retaining, sharing, storing or using this information for any other purposes.
Business Transitions. In the event that we go through a business transition, such as a merger, acquisition, liquidation or sale of all or a portion of our assets, the information we have about you will, in most instances, be part of the assets transferred. We reserve the right to transfer that information in connection with such transactions without notice to you. We will not obtain your consent for such a transfer.
Legal Disclosure. We may disclose your Information if required to do so by law or in the good faith belief that such action is necessary to conform to applicable law, comply with a judicial proceeding, court order or legal process served on us, protect and defend our rights or property, or investigate, prevent or take action regarding illegal activities, suspected fraud, situations involving potential threats to the physical safety of any person, or violations of our terms of service.
Publicly Disclosed Data. Certain items of Data are always publicly available, such as your username, people who follow your playlists, and the playlists you follow.
If we ever plan to use any Data in the future for any other purposes not identified above and we do not have a separate lawful basis for that processing, we will only do so after obtaining your specific consent.
TECHNOLOGIES WE USE
The technologies we use for automatic Data collection may include the following:
Flash Cookies. Certain features of our Services may use local stored objects (or Flash cookies) to collect and store information about your preferences and navigation to, from and on our Services. Flash cookies are not managed by the same browser settings as are used for browser cookies.
Web Beacons. Pages of the Services and our e-mails may contain small electronic files known as web beacons (also referred to as clear gifs. pixel tags and single-pixel gifs) that permit the Company, for example, to count users who have visited those pages or opened an e-mail and for other related website statistics (for example, recording the popularity of certain website content and verifying system and server integrity).
YOUR CHOICES REGARDING OUR USE AND DISCLOSURE OF YOUR DATA
We only use your Data for marketing purposes if you give us your specific consent. If, after giving your consent, you wish to opt-out of our sharing of your information with third parties for the third parties’ direct marketing purposes, or if you wish to stop receive marketing e-mails from us, please follow the instructions below. (Note that if you are a resident of the European Union, we will never use your personal data for third-party marketing purposes unless you have clicked on a box online to expressly give consent for such use.)
Receiving electronic communications from us: If you no longer want to receive marketing- related emails from us on a going-forward basis, you may opt-out of receiving these marketing- related emails by sending a request for list removal to firstname.lastname@example.org.
Our sharing of your Data with unaffiliated third parties for their (or their customers') direct marketing purposes: If you would prefer that we do not share your information on a going-forward basis with unaffiliated third parties for their direct marketing purposes, you may opt-out of this sharing by emailing email@example.com from the email that you have signed up or used in receiving the Services.
We will try to comply with your request(s) as soon as reasonably practicable. Please also note that if you do opt-out of receiving marketing-related emails from us, we may still send you messages for administrative or other purposes directly relating to your use of the Services, and you cannot opt-out from receiving those messages.
PRIVACY FOR EU RESIDENTS
The GDPR also requires that we have a lawful basis for our processing of any personal data about an individual residing in Europe. For an individual browsing our website or otherwise accessing our
For employees and other authorized users operating in their role as administrators or users of our services, our lawful basis is the legitimate interest we have in providing the services to their employer.
If you are a client or customer who accesses the Data of third parties in connection with your services rendered to us, you, your employees, and your other authorized users agree to be bound by the provisions of the GDPR with respect to any Data with which you come in contact using Services, including without limitation the personal data belonging to individuals with whom you communicate or whose personal data you access using the Services. Specifically, you agree that you, your employees, or other authorized users will:
A. Never access, process, transfer, view, use, or store any Data of any third party without express authorization, and then only for purposes directly related to fulfilling your contractual obligations under your agreement with any third party (“Data Secrecy”);
B. Keep all Data strictly confidential and disclose Data only on a strict need-to-know basis to other employees or authorized users only as required for fulfilling an individual’s contractual obligations (“Confidentiality”); however, you agree that you shall not disclose or otherwise make accessible Data under any circumstances to anyone who has not been obliged to Data Secrecy and Confidentiality.
C. Ensure that your obligations of Data Secrecy and Confidentiality are observed forever, both during and after the expiration and/or termination of any agreement with us or any contractual relationship you may have with an employer or other party.
D. Upon our request to provide Company with satisfactory evidence that you have complied with your obligations of Data Secrecy and Confidentiality as set forth in this agreement.
The GDPR also requires us to take appropriate technical and organizational measures to protect the security of Data belonging to residents of Europe. We make commercially reasonable efforts to ensure the privacy and security of the Data of our European visitors and customers, and we are happy to give you a complete description of our most current efforts, if you will write us at firstname.lastname@example.org.
The security of your Data is important to us. We use commercially reasonable efforts to store and maintain your Data in a secure environment. We take technical, contractual, administrative, and physical security steps designed to protect Data that you provide to us. We have implemented procedures designed to limit the dissemination of your Data to only such designated staff as are reasonably necessary to carry out the stated purposes we have communicated to you.
ACCESS AND ACCURACY
You have the right to access the information we hold about you in order to verify the information we have collected in respect to you and to have a general account of our uses of that information. Upon receipt of your written request, we will provide you with a copy of your information, although in certain limited circumstances we may not be able to make all relevant information available to you, such as where that information also pertains to another user. In such circumstances we will provide reasons for the denial to you upon request. We will endeavor to deal with all requests for access and modifications in a timely manner.
We will make every reasonable effort to keep your information accurate and up-to-date, and we will provide you with mechanisms to update, correct, delete or add to your information as appropriate. As appropriate, this amended information will be transmitted to those parties to which we are permitted to disclose your information. Having accurate information about you enables us to give you the best possible service.
You can help by keeping us informed of any changes such as a change of your personal contact information. If you would like to access your information, if you have any questions, comments or suggestions of if you find any errors in our information about you, please contact us at email@example.com. If you have a complaint concerning our compliance with applicable privacy laws, we will investigate your complaint and if it is justified, we will take appropriate measures.