Welcome to the Otsuka Precision Health, Inc. (“OPH/we/us/our”) Privacy Notice (“Privacy Notice”) for the ElevmiTM smartphone application and associated online services (“Application”). This Application is intended for use by individuals caring for loved ones with Alzheimer’s, dementia, or similar conditions. This Privacy Notice applies to users of the Application (“you/your”) and explains how your information is collected, used, shared, and protected by OPH.
This Application is not subject to the Health Insurance Portability and Accountability Act and is instead governed by the terms of this Privacy Notice.
Please read this Privacy Notice carefully, as it describes how we may use and disclose your personal information (“PI”). From time to time, we may supplement this Privacy Notice with additional information about our privacy practices related to a particular feature of the Application. We may also request express consents related to certain uses and disclosures of your PI, such as when you register an account in the Application. If you do not agree with the terms of this Privacy Notice, please refrain from using the Application. Please see our Terms of Use regarding your legal rights in any dispute involving our Application.
The Application must be installed on your mobile device for use and certain PI as described in this Privacy Notice will be received by OPH, its third-party partners; and services providers, as described in this Privacy Notice. To begin using the Application, you will need to enter your email address and verify your email address by entering the one-time password (OTP) access code provided to you. You will then be prompted to create a user account with your first name and ZIP Code. In order to protect your privacy, do not share your mobile phone passwords, PIN, pattern lock codes, or the Application one-time password (OTP) access codes sent to your verified email address with anyone.
As part of the onboarding process in the Application, you will have the option to consent to participate in receiving notifications via push notifications. Where you have consented to receive such notifications, you authorize us to make or initiate notifications to your mobile phone. You acknowledge and understand that any push notifications you consent to receive from OPH may be unencrypted and carry some risk that the information in the messages could be read by an unauthorized person. You further acknowledge and understand that we cannot guarantee the security and confidentiality of the unencrypted communications that we send to you, and we are not responsible for any unauthorized access that occurs during or after the transmission of the communications to you.
We collect a few categories of PI through the Application, including: (1) information you affirmatively provide to us about you and your Loved One; and (2) device and user activity information that is automatically collected by the Application, as further described below.
(ii) detect security incidents; (iii) resist malicious, deceptive, or illegal actions; (iv) ensure the physical safety of individuals; (v) for improvement of the services and Application;
(vi) perform or provide internal business services; or (vii) verify or maintain the quality or safety of a service or device.
We may also collect information that does not identify you or your device and may de- identify your PI so that it no longer identifies you or your household in compliance with applicable laws, this Privacy Notice, and the Terms of Use for the Application (collectively, "De-identified Information"). This may include general usage and statistical information. De-identified Information is not PI and is therefore outside the scope of this Privacy Notice.
We use and share your PI outside OPH, including with third-party partners and service providers, as described in this Privacy Notice, in a manner consistent with your consent choice, and otherwise pursuant to the Terms of Use. Specifically, we may use and share your PI consistent with applicable laws for the following purposes:
We may also use PI as we believe to be necessary or appropriate for certain essential purposes, including:
We use and share your PI as described in this Privacy Notice and the Terms of Use for the Application, and otherwise pursuant to your consent or direction. Specifically, we may use and share your PI consistent with applicable laws for the following purposes:
We may share certain PI with your healthcare provider as permitted by you.
We may access and share your Application usage data with our affiliates and third-party partners and service providers, including customer support, when you contact customer support for help setting up your Elevmi account, help using the Application, or any other questions regarding the Services.
We may share your PI with our affiliates and third parties, including to perform technology, business, or other professional functions for us (examples include software development, information technology services, maintenance and hosting of our Application, Application improvements, performance and analytics providers, communications services, and other such vendors). We only provide such affiliates and third parties with information so they can perform required functions.
We also may disclose PI about you for the essential purposes identified above, including but not limited to where we are required to do so by law or legal process, to comply with our legal obligations in connection with the Application, to prevent harm or financial loss, to investigate or address fraudulent or illegal activity, or for safety and security reasons.
We reserve the right to transfer the information we maintain in the event we sell or transfer all or a portion of our organization or assets. If we engage in such a sale or transfer, we will make reasonable efforts to direct the recipient to use your personal information in a manner that is consistent with this Privacy Notice.
We are committed to protecting the privacy and security of your information. We may use and share your Application data for the purposes described in this notice and in a manner consistent with your privacy choices.
Accessing your Application Information. You can access all most of the information you have input into the Application at your convenience once you have completed the onboarding process and you start using the Application under “More” and then by tapping the “History” icon in the main menu. You can access any information you input during the onboarding process under “More” and then by tapping the “Profile” icon on the main menu. You can also request a copy of all of the PI you input into the Application and your privacy choices made in the Application by calling us at 1-833-468-7852 or emailing us at privacyofficer@otsuka-oph.com.
Withdrawal from Future Collection of PI. You can stop future processing of your PI Application by selecting “Delete Account” in the Application under “More” by tapping the “Profile” icon on the main menu or discontinuing your use of the Application. Uninstalling the Application from your device using the standard uninstall process available on your device will not operate to delete your account and any PI collected prior to your uninstall may continue to be retained by us and used or shared as described in this notice, unless you delete your account in the Application as described above and then contact us to request that we delete the prior information as indicated below in the “Deletion of Application Account Information” section, we have processed prior to your uninstallation of the Application.
and other requirements of applicable laws. Any PI collected prior to the processing of your offline request may be retained by us and used or shared in accordance with your consent choices and as described in this notice.
Updating User Information. Within the Application you will be able to update or edit most your profile information and your Loved One’s information, once you have completed the onboarding process and you start using the Application under “More” and then tapping the “Profile” icon in the main menu. You can tap the “History” icon in the main menu to modify any previously logged Observations, completed Check-ins, or information in Notes. If you want to update or modify the email address you use to set up your Application account you must contact customer support at 1-833-468-7852. If you want to delete the email address you used to set up your Application account, your sole and exclusive remedy is to delete your account in the Application as indicated below in the “Deletion of Application Account Information” section and create a new account.
In addition to your privacy choices as described in the section above, we provide any additional privacy rights with respect to our collection, use or disclosure of your PI afforded by applicable laws (including but not limited to the California Consumer Privacy Act and similar laws in other states):
You may request a copy of the following: (1) Categories of PI we collected about you in (at least) the last 12 months; (2) the categories of sources from which the PI is collected;
(3) the business or commercial purpose for collecting the PI; (4) the categories of third parties with whom we shared PI in (at least) the last 12 months; and (5) the specific pieces of your PI we have collected, used or disclosed.
You may request that we provide you access to your PI that we have collected. In addition, you may ask for a copy of your PI in a portable and readily usable format that allows you to transmit your PI to another entity. Note that requests for copies of your PI are limited to the extent the request is not feasible.
You may request that we (and our service providers) delete your PI by following the instructions set out above in the Deletion of Application Account Information section.
You may request that we correct any inaccurate PI we maintain about you.
We do not “sell” your PI to third parties as that term is used in the California Consumer Privacy Act or similar laws in other states and only share PI with service providers and others as described above. Similarly, we do not use your PI for purposes of targeted advertising or profiling to make decisions that would produce legal or similarly significant effects concerning you.
You can submit any such privacy requests by calling us at 1-833-468-7852 or email at privacyofficer@otsuka-oph.com. Shortly after you (or your Agent) submit a request, we will contact you (usually via email) with instructions on how to verify the submitted request before we process your request. We will fulfill these requests in our reasonable discretion subject in all cases to the deadlines and other requirements of applicable laws. Users in certain states have the right to appeal our decisions on these requests. To appeal our decision on your request, you may contact our Privacy Office using the contact information provided below. We may not, and will not, discriminate against anyone for exercising their privacy rights. We do not provide a financial incentive or a price or service difference to anyone in exchange for collection, retention, or sale of their PI.
For Nevada residents, please note that we do not sell PI as defined by Nevada law, but you can submit any privacy requests to us via the contact information provided below.
We will retain the PI described in this Privacy Notice for as long as necessary for the purposes for which it was collected, to resolve disputes, establish legal defenses, conduct audits, pursue legitimate business purposes, enforce our agreements, and comply with applicable laws.
Our Application is primarily intended for use within the United States. While our primary data centers are in the United States, we may transfer information outside of the United States. By providing your PI, you consent to any transfer and processing in accordance with this Privacy Notice and understand that we operate under applicable laws within the United States.
As noted in our Terms of Use, the Application is only intended and permitted for use by individuals at least 18 years of age. Minor children are not eligible to use the Application, and we ask that they do not submit any PI to us. We do not knowingly attempt to solicit or receive any information from minor children and if you become aware that a minor has provided us with any PI through the Application, please contact us at privacyofficer@otsuka-oph.com. We will endeavor to delete such information from our files within a reasonable time.
Our Application may contain links to third party websites or applications. Please be aware that we are not responsible for the content or privacy practices of such third parties’ websites,
applications, or services, and we encourage you to read the privacy statements of any such parties.
This Privacy Notice may be updated from time to time in our discretion. We will post any revised Privacy Notice to the Application and the changes will be effective upon posting. We encourage you to review the Privacy Notice periodically.
If you have any questions regarding our privacy practices in connection with the Application, contact us either phone at 1-833-468-7852, via email at: privacyofficer@otsuka-oph.com, or by regular mail to: Otsuka Precision Health, Inc., Attn: Privacy Officer, 508 Carnegie Center Drive Princeton, NJ 08540
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