Neurogastrx, Inc. Mobile Application Privacy Policy.
Last Updated on January 10, 2020
Overview
Privacy is important to Neurogastrx, Inc. and its affiliates (“Neurogastrx”, “we” or “us”), and we are committed to maintaining privacy protections for our users. This Privacy Policy (“Privacy Policy”) explains how we collect, use and store the information we obtain from or about you when you use our Dragon Study mobile application (the “Dragon Study App”) and related Dragon Study secure web portal (the “Portal”, and collectively with the Dragon Study App, the “Platform”). This Privacy Policy is not a contract and does not create any legal rights or obligations. By using the Platform, you accept the Privacy Policy and you expressly consent to our collection, storage, use and disclosure of your information as described in this Privacy Policy.
The Dragon Study App is designed to help you report your symptoms and management of your medical condition as is required by your participation in the study. You will receive reminders to take your study medication and enter your daily dairy information. By participating in the study, you are agreeing to submit your data. However, you may voluntarily withdraw from the study at any time. If you withdraw from the study, study data collected prior to your withdrawal may still be processed along with other data collected as part of the study. Normally, no new information will be collected for the study database unless you specifically consent to provide such information. However, the law does require that any side effects that you experience are documented and reported. To complete the study findings, your long-term health status may also be obtained from public sources.
Your access to, and use of, the Dragon Study App for this research study is subject to the Dragon Study App Terms of this Privacy Policy.
Neurogastrx has created this Privacy Policy to explain what information we gather from you when you us the Dragon Study App, how we may use this information, the security approaches we use to protect your information, and how you can access and request modification of certain information that we may store about you. Please note that this Privacy Policy applies only to information collected via the Platform – it does not apply to information you disclose to Neurogastrx and its affiliates through other means. The use of your Personal Information for purposes of the study is governed by the Informed Consent Form that you signed at the time that you enrolled in the study and this Policy. This Policy is not intended to replace the consent you have provided in the study specific Informed Consent Form.
Medical Disclaimer: The information shared on the Platform, including the Dragon Study App is not intended or implied to be a substitute for professional medical advice, diagnosis or treatment. Neurogastrx is not a health care provider (e.g. physician, hospital, pharmacist, etc.), and you are encouraged to confirm any information obtained from or through this mobile app with the principal investigator or the Independent Review Board (“IRB”) and review all information regarding any medical condition or treatment with your physician. NEVER DISREGARD PROFESSIONAL MEDICAL ADVICE OR DELAY SEEKING MEDICAL TREATMENT BECAUSE OF SOMETHING YOU HAVE READ ON OR ACCESSED THROUGH THE MOBILE APPLICATION.
Neurogastrx does not recommend, endorse or make any representation about the efficacy, appropriateness or suitability of any specific tests, types of tests, products, procedures, genetic testing companies, treatments, services, opinions, health care providers, research institutions or other information that may be contained on or available through the mobile app.
Your Acceptance of This Privacy Policy and Changes to It
By accessing, viewing or otherwise using the Dragon Study App, you consent to the collection and use of your information by Neurogastrx in accordance with this Privacy Policy. If you do not agree to this Privacy Policy you may not use the Dragon Study App and you may withdraw your participation in the Dragon study at any time, as described further above. Neurogastrx reserves the right to change, modify, add or remove portions of this Privacy Policy at any time, without prior notice. Changes take effect on the date that appears on the revised Privacy Policy. If you use the Platform following a change in this Privacy Policy, your use will be understood to signal that you accept and agree to be bound by the changes. Accordingly, we urge you to review this Privacy Policy frequently for changes.
What information do we collect?
We collect limited personally identifiable information (“Personal Information”) in connection with administering the Dragon Study App or the study. Other non-individually identifiable information may be collected from you when you register on the Dragon Study App, respond to communication such as e-mails, or otherwise use the Neurogastrx App in any manner. For the purposes of this information sharing Platform, please note that Personal Information includes information you provide about yourself, your medical condition and current treatments for your medical condition.
To participate in our study or to use the Dragon Study App, you will be required to provide limited Personal Information. For example, when registering as a user on the Dragon Study App, we may ask you for your year of birth and relevant personal medical condition including such as medications you may taking.
We may collect and use mobile device identifiers, IP addresses and session identifiers to analyze trends, to administer the Dragon Study App, to track user activities related to their participation in the study.
At this time we do not use “cookies” to enhance your experience and gather information about visitors and visits to the Dragon Study App. Please refer to the “Do we use ‘cookies’?” section below for more information about cookies.
We may also collect and store certain other personally non-identifiable information. This information is collected passively using various technologies and cannot presently be used to specifically identify you.
As described, our information collection includes the following categories of Personal Information described in the California Consumer Privacy Act (“CCPA”):
- Identifiers, such as name, online identifier, Internet Protocol address, email address, and account name
- Personal information categories listed in the California Customer Records statute (Cal. Civ. Code § 1798.80(e)), such as name and medical information
- Protected classification characteristics under California or federal law, such as age (40 years or older) and medical condition
- Internet or other similar network activity, such as information on a consumer’s interaction with a the Dragon Study App
How do we use your information?
We may use the Personal Information and other data we collect from you when you register, respond to a survey, access or view the Dragon Study App, or use the Dragon Study App features in the following ways:
- To enforce the Neurogastrx Terms of App, enforce our rights, and to detect and protect against error, fraud and other unauthorized or illegal activities.
You understand that Neurogastrx is not a health care provider and, therefore, is generally not subject to the Privacy Rule under the Health Insurance Portability and Accountability Act (“HIPAA”). To the extent that HIPAA imposes requirements on health care providers, including your physician or study doctor, relating to individually identifiable health care information, those requirements may not apply to Neurogastrx.
We may also de-identify and aggregate your Personal Information for use outside of the Dragon study. Aggregated Data is information that has been combined with that of other users and analyzed or evaluated as a whole, such that no specific individual may be reasonably identified. “De-identified Information” is information that has been stripped of your identifiers, such as your name, contact information, and other identifying data, such that you cannot reasonably be identified as an individual.
The Dragon Study App is intended for United States residents only. You understand and agree that if you are using the Dragon Study App from a country outside the United States and provide Personal Information to Neurogastrx, you will be authorizing and consenting to the transfer of Personal Information about yourself to the United States. You understand that the privacy laws of the United States may be different from and not as comprehensive or protective as those in your country, and you agree that the transfer of your Personal Information to the United States occurs with your consent. Personal Information collected on the Dragon Study App may be stored and processed in the United States or abroad.
How We Communicate with You
When using the Dragon Study App, Neurogastrx will not communicate directly with you. Any communication you receive will be associated to the functionality of the Dragon Study App and reminders about completing you daily entries.
When you send email or other communications to Neurogastrx, we may retain those communications in order to process your inquiries, respond to your requests, and improve our App, our studies, and related products and services. When you send and receive messages, we may collect and maintain information associated with those messages.
We will also send you strictly Platform-related announcements on rare occasions when it is necessary to do so. For instance, if our App is temporarily suspended for maintenance, we might send you an email. Generally, you may not opt-out of these communications, which are not promotional in nature.
Based upon the Personal Information you provide us, we may send you a welcome email to verify your username and password. We will communicate with you in response to your inquiries. We will communicate with you by email or telephone, in accordance with your preference. You may contact us at info@neurogastrx.com.
Do we disclose the information we collect to outside parties?
Neurogastrx will share your information only as necessary to conduct the study except as follows:
- To our subsidiaries or affiliates, strategic partners and to third parties we engage to provide services on our behalf, such as web site hosting companies or companies who send communications to you on our behalf. Our agreements with these third parties require them to protect these data and prohibit these parties from using your Personal Information for any other purpose.
- To third parties who are involved in conducting our studies, including investigators, clinical research organizations, IRBs, laboratories or offsite testing facilities, offsite storage facilities or cloud service providers, government regulatory agencies who may need access to your Personal Information to ensure the studies are being conducted in accordance with law, good clinical practices and current International Council for Harmonization of Technical Requirements for Pharmaceuticals for Human Use (“ICH”) guidelines.
- In response to a subpoena or court order, or a request from a law enforcement or other government agency; to establish or exercise our legal rights, or to defend against claims; or to protect the safety or security of the public or of users of the Dragon Study App or study participants.
- In the event we merge with, or sell, or have a change of control of all or part of our business to a third party.
We do not sell your Personal Information and have not done so in the 12-months preceding the effective date of this policy.
Correcting and Updating Your Personal Information
You can correct or update your Personal Information by re-registering or by contacting the Dragon Study App administrator at info@neurogastrx.com. It may take us up to 30 days to process your request. Please refer to the study specific Informed Consent Form you have signed for detailed information describing the data we will collect from you on a daily basis.
Opt-Out Choices
To “opt-out” of any consents previously given to us, send an e-mail to info@neurogastrx.com. Notwithstanding this right to request to cease utilizing the Dragon Study App and to have us not share Non-Personal Information with third parties, we retain the right to maintain and process information provided by you on and through the Dragon Study App during your participation in the clinical study, and disclose such information to comply with its reasonable business and legal obligations.
Do we use “cookies”?
We do not use tracking cookies at this time, but we might in the future. Cookies are small files that a site or its service provider transfers to your computer’s hard drive through your Web browser or mobile device that enables the site’s or service provider’s systems to recognize your browser and capture and remember certain information. We may use secure cookies for session management, (“Session Cookies”), but Session Cookies do not collect or store Personal Information and are only stored temporarily. Information gathered by Session Cookies is not retained after the browser is closed. In the future, if we choose to use tracking cookies, we will update this policy with information on the types we use and how we use them.
“Do Not Track”
Our Neurogastrx App currently does not respond to “Do Not Track” (“DNT”) signals.
Safeguarding Your Personal Information
Neurogastrx has in place measures to safeguard and help prevent unauthorized access and maintain data security of Personal and Non-Personal Information. However, no commercial method of information transfer over the Internet or electronic data storage is known to be 100% secure. As a result, we cannot guarantee the absolute security of any Personal Information submitted to or otherwise collected during your use of the Dragon Study App. Accordingly, you understand and agree that you transmit all data, including Personal Information, to us at your own risk.
Privacy and Third Party Links
This Privacy Policy applies solely to information collected by the Dragon Study App. At this time, we do not provide links to third party sites through the Dragon Study App. If this changes, we will update this section of the Privacy Policy.
Children’s Privacy
The Dragon Study App is intended only for use by adults. We do not knowingly collect information directly from children under the age of 18. If you have reason to believe that a child under the age of 83 has provided Personal Information to us through the Dragon Study App, we will endeavor to delete that information from our databases.
Retention of Your Personal Information
We will store the Non-Personal Information you provide for as long as we believe is necessary or appropriate (i) to carry out the purpose(s) for which we collected it, or (ii) to comply with applicable laws, contracts, or other rules or regulations.
Questions and Feedback
If you have any questions, comments, and concerns about the Dragon Study App. Please contact the study Investigator or Coordinator.
California Privacy Rights
Under the California Consumer Privacy Act (“CCPA”), California residents may have certain privacy rights, including the rights to: (i) request additional disclosures about the Personal Information and obtain a copy of that information, i.e., a “Request to Know,” sometimes called the Right to Access; (ii) request deletion of Personal Information, i.e., a “Request to Delete Information,” sometimes called the Right to Be Forgotten or the Right to Erasure; and (iii) opt out of the sale of Personal Information if we were to sell Personal Information, i.e., a “Request to Opt Out.” Since we do not sell your Personal Information, you are already opted-out of any sales.
How to Exercise Privacy Rights
If you wish to exercise any of these rights please email info@Neurogastrx.com with “Request for California Privacy Information” on the subject line and in the body of your message. The rights described herein are not absolute and we reserve all of our rights available to us at law in this regard. For example, we are permitted in most instances to keep your information for internal research purposes, and will also maintain and share information in de-identified form. If we retain your personal data only in de-identified form, we will not attempt to re-identify your data in response to a rights request.
We do not discriminate against you, for example, by offering a different level of service, for exercising any of these rights.
If you make a request related to personal data about you, we will need to verify your identity. To do so, we will request that you match specific pieces of information you have provided us previously, as well as, in some instances, provide a signed declaration under penalty of perjury that you are the individual whose personal information is the subject of the request. If it is necessary to collect additional information from you, we will use the information only for verification purposes and will delete it as soon as practicable after complying with the request. For requests related to particularly sensitive information, we may require additional proof of identification. If you make a request through an authorized agent, we will require written proof that the agent is authorized to act on your behalf. We will process your request within the time provided by applicable law.
California Shine the Light
Additionally, under California’s “Shine the Light” law, California residents who provide Personal Information in obtaining products or services for personal, family or household use are entitled to request and obtain from us once a calendar year information about the customer information we shared, if any, with other businesses for their own direct marketing uses. If applicable, this information would include the categories of customer information and the names and addresses of those businesses with which we shared customer information for the immediately prior calendar year (e.g. requests made in 2017 will receive information regarding 2016 sharing activities).
To obtain this information from Neurogastrx please send an email message to info@Neurogastrx.com with “Request for California Privacy Information” on the subject line and in the body of your message. We will provide the requested information to you at your e-mail address in response. Not all information sharing is covered by the “Shine the Light” requirements and only information on covered sharing will be included in our response.
