Last Updated: April, 20221. Introduction
Scanwell Health, Inc. (“Scanwell”, “us”, “our” or “we”
”) describes: (i) the types of information we may collect from you when you interact with us or use our services (“Services
By accessing or using our website: www.scanwellhealth.com (the “Website
”), the Scanwell mobile application (the “App
When do we collect your information?
This policy applies to all information we collect about you, including:
· via our Website and App;
· via email, text, and other electronic messages between you and Us (or our Website and App);
· when you interact with our advertising and applications on third-party websites and services;
· and/or from healthcare providers or other third parties who send us information about you (e.g., related to test results).
The specific types of information we collect depend upon the products and Services you use, how you use them, and the information you choose to provide via our Website, the App, or otherwise.The types of personal information that we collect.
The types of personal information we collect from or about you may include the following:
· Name, date of birth, email address, postal code, country of residence, and/or photos you send us or upload to our App;
· Log-in credentials if you create an account;
· Personal health information, including about your test results when you use one of our diagnostic tests;
· Information about your customer service and maintenance interactions with us;
· Any other information you choose to provide to us in connection with your use of the Services, via surveys or otherwise.Other information we collect through our Website and App
In addition to the above information, we may collect certain other non-personal information about your use of the Services and the devices you use to access the Services, as described in this Section.
The non personal information we collect automatically may include personal information or we may maintain it or associate it with your personal information that we have collected from or about you. We use this personal and non-personal information to help us to improve our Website and App and to deliver a better and more personalized service. For example, this information helps us to estimate our audience size and usage patterns, verify your location to ensure we can provide you with our Services, store information about your preferences, allowing us to customize our Website and our App according to your individual interests, or recognize you when you return to our Website and our App.
As discussed further below, we and third party companies that work on our behalf may use a variety of technologies, including cookies and similar tools, to assist in collecting this non-personal information.
· Our Website.
When you use our Website, we collect and analyze information such as your IP address, browser type, browser language, operating system, the state or country from which you accessed the Services, software and hardware attributes (including device IDs), referring and exit pages and URLs, platform type, the number of clicks, files you download, domain names, landing pages, pages viewed and the order of those pages, the amount of time spent on particular pages, the terms you use in searches on our sites, the date and time you use the Services, error logs, and other similar information.
· Our App.
When you use our App, we automatically receive certain information about the mobile phone, tablet, or computer used to access the App, including a mobile device identifier, IP address, operating system, version, Internet service provider, browser type, domain name and other similar information, whether and when you update the App, date and time of use, and how you use the App, including time spent in different portions of the App.
· Location Information.
When you use the Services, we and our service providers may automatically collect general location information (e.g., IP address, city/state and or postal code associated with an IP address) from your computer or mobile device. This information allows us to do things such as the following: enable access to content that varies based on a user’s general location (e.g., to provide you with accurate sales tax information and to deliver content customized to your location), analyze the use of our products and Services, etc. We will ask your permission before collecting your precise GPS location information. If you no longer wish for us and our service providers to collect and use GPS location information, you may disable the location features on your device by going to your device manufacturer settings.
To collect the information discussed in this Section, we and our service providers use web server logs, cookies, tags, SDKs, tracking pixels, and other similar tracking technologies. We use these technologies to offer you a more tailored online experience.
o A web server log is a file where website activity is stored.
o An SDK is a set of tools and/or code that we embed in our App and software to allow third parties to collect information about how users interact with the Services.
o A cookie is a small text file that is placed on your computer or mobile device when you visit a site, that enables us to: (i) recognize your computer/device; (ii) store your preferences and settings; (iii) understand the parts of the Services you have visited and used; (iv) enhance your user experience by delivering and measuring the effectiveness of content and advertising tailored to your interests; (v) perform searches and analytics; and (vi) assist with security and administrative functions.
o Tracking pixels (sometimes referred to as web beacons or clear GIFs) are tiny electronic tags with a unique identifier embedded in websites, online ads and/or email that are designed to: (1) collect usage information like ad impressions or clicks and email open rates; (2) measure popularity of the Services and associated advertising; and (3) access user cookies.
o Pages of our Website, screens of our App, and our emails may contain small electronic files known as web beacons (also referred to as clear gifs, pixel tags, and single-pixel gifs) that permit Scanwell, for example, to count users who have visited those pages, used those screens, or opened an email and for other related Website and App statistics (for example, recording the popularity of certain Website or App content and verifying system and server integrity)
· Our use of Social Media and Other Content Platforms.
When you “like” or “follow” us on Facebook, Instagram, Twitter, LinkedIn, or other social media sites, we may collect some information from (or about) you including your name, email address, and any comments or content you post relevant to us. We also collect your information if you sign up for one of our promotions or submit information to us through social media sites. Please note that the information that you upload or otherwise provide through third party social media platforms such as Facebook, Instagram, and TikTok are subject to the privacy policies of these third parties for which Scanwell is not responsible.
· Information We Receive From Other Sources.
We work closely with third parties (including, for example, third party intermediaries, such as the physicians, medical professionals, and pharmacies with whom we partner to provide you with the Services and their health care services, sub-contractors in technical, advertising networks, analytics providers, and search information providers). Such third parties will sometimes provide us with additional information about you.
· Camera and Photos.
The App may require you to capture and upload photos to Scanwell’s servers using the camera on your mobile phone. To take and upload these photos, you will be prompted for camera permissions when using the App. Access to your camera is required when scanning the Scanwell scan card or QR code and again when scanning the completed test. After scanning, the App will discontinue use of your mobile phone’s camera. This is required to identify and validate your test, perform quality checks before capturing a photo, and interpret your test to provide you a result.3. How We Use Your Information
We use information that we collect about you or that you provide to us, including your personal information, for the following purposes:
· to carry out, improve, and manage the Services (including presenting our Website and App to you and sharing your diagnostic test results with you);
· to facilitate the provision of health care services to you by providing physicians or other health care providers, including telehealth providers, with your data solely in connection with the Services we provide to you;
· to provide diagnostic test results obtained as part of the Services to your health care provider(s) and/or to companies collaborating with Scanwell to offer diagnostic tests and/or to federal, state, and local public health authorities and/or other governmental authorities (if required by law) and/or research institutions (in the case of provider-initiated tests in the context of research studies);
· to provide you with information, products, and/or Services that you request from us or that we think might be of interest to you;
· to engage in research and data analysis to understand the effectiveness of our products and Services, to improve our products and Services, and to better understand our customer base (in some cases we may share your data with service providers such as Mixpanel in order to facilitate this analysis);
· to communicate with you about our products and/or Services, your use of our products and/or Services, or your inquiries related to products and/or Services;
· to communicate with you by email, postal mail, or phone about surveys, promotions, special events or our products and Services and those of our subsidiaries, affiliates, and parent companies and any of their related businesses and those of our third-party partners;
· to provide you with technical support and customer service;
· to verify your identity and administer your account, including processing your payments and fulfilling your orders;
· to measure or understand the effectiveness of advertising and content we serve to you and others, and to deliver and customize relevant advertising and content to you;
· to help us better understand your interests and needs, such as by engaging in analysis and research regarding use of our products and/or Services;
· to comply with applicable laws, regulations, court orders, subpoenas and/or governmental requests, where we believe it is necessary to do so;
· to protect the rights, property, or safety of Scanwell, our customers, or others;
· to establish, exercise, or defend our legal rights;
· to fulfill any other purpose for which you provide it;
· to carry out our obligations and enforce our rights arising from any contracts entered into between you and us, including for billing and collection purposes;
· to notify you about changes to our Website, our App, or our products / Services;
· in any other way we may describe when you provide the information; and
· for any other reasonable purpose of which we may notify you or to which you consent.Aggregate/De-Identified Data.
We may aggregate and/or de-identify any information collected about you so that such information can no longer be linked to you or your device (“Aggregate/De-Identified Information
”). We may use Aggregate/De-Identified Information for any purpose, including for research and marketing purposes, and may also share such data with any third parties, including advertisers, promotional partners, and sponsors.Your Consent.
We disclose your personal information and other non-personal information in the manner and for the purposes that are described in the sections below.Affiliates and Other Third Parties.
We may disclose your information with our affiliates as well as with third parties who provide certain services to us related to billing, sales, marketing, advertising, analytics, research, customer service, shipping and fulfillment, data storage, IT and security, fraud prevention, payment processing, and auditing and legal services.Business Transfers.
In connection with any possible business transaction or corporate restructuring, we may transfer customer data to a buyer (or potential buyer) or other successor in the event of a merger, divestiture, restructuring, reorganization, dissolution, or other sale or transfer of some or all of our assets, whether as a going concern or as part of bankruptcy, liquidation, or similar proceeding, in which personal information held by Scanwell about our customers is among the assets transferred. Public Forums.
Certain features of our Services make it possible for you to share comments publicly with other users. Any information that you submit through such features is not confidential, and we may use and disclose it for any purpose (including in testimonials or other marketing materials). For example, if you submit a product review via our Website or App, we may display your review (along with the name provided, if any) on our online properties as well as on third-party websites. Any information you post openly in these ways will be available to the public at large and potentially accessible through third-party search engines. Accordingly, please take care when using these features.Legal Rights.
We may disclose your information when we believe in good faith that doing so is necessary to protect, enforce, or defend the legal rights, privacy, safety, or property of Scanwell, our affiliates, employees, agents, licensors, users, or any third party, or to comply with applicable law or legal process, including responding to requests from public and government authorities.Consent/At Your Direction.
We may disclose your information with your consent or at your direction, such as if you direct us to disclose your information to a healthcare provider or to a company collaborating with Scanwell to offer a diagnostic test.5. Transfer of Personal Information
We and our third-party vendors may use device identifiers and other automated technologies (including cookie identifiers on our Website), along with other collected information, to deliver content or tailor ads when you are on other devices, applications, or websites. These ads may be based, for instance, on the types of websites that you visit over time, the types of apps you have on your device, or de-identified information about you and your likely interests, based on your activities off of our Service. Sometimes, we (or our service providers) may use the information we collect—for instance, IP addresses and unique mobile device identifiers—to locate or try to locate the same unique users across multiple browsers or devices (such as smartphones, tablets, or computers), or work with providers that do this, to help identify visitors to the Website and serve advertising. If you wish to opt out of cross device tracking for purposes of interest-based advertising, you may do so through your device settings. Partners that we or others work with to do the above may track your activities over time (including across different apps or websites) by collecting information through automated means, and they may use this information, and other information they receive from us or other sources, to deliver advertisements to you.
Our Website and App use Facebook ad network and Google Adwords to provide you with advertising based on your use of our Website and App. You can learn how to opt-out of such use by Facebook at https://www.facebook.com/policies/cookies/ and by Google at https://policies.google.com/technologies/ads. You can learn more generally about interest-based advertising on the web, or opt out of receiving those ads, by visiting (i) the Network Advertising Initiative’s Consumer Opt-Out or (ii) the Digital Advertising Alliance’s Consumer Opt-Out to opt-out of receiving tailored advertising from companies that participate in those programs. To opt out of Google Analytics for display advertising or customize Google display network ads, you can visit the Google Ads Settings page. As to cross-app advertising, each operating system (e.g., iOS for Apple phones, Android for Android devices, and Windows for Microsoft devices) provides its own instructions on how to prevent the delivery of tailored in-application advertisements. You should view your device or system “Settings” to determine how you can opt out of use of your device identifier for “cross-app” personalized advertising.
Please note that to the extent advertising technology is integrated into our Services, you may still receive advertisements even if you opt-out. In that case, the advertising will not be tailored to your interests. Also, we do not control any of the above opt-out links or whether any particular company chooses to participate in these opt-out programs.7. Choices About How We Use and Disclose Your Information
When we share your personal information with third parties, we make commercially reasonable efforts to ensure that such third parties are under contractual obligations to use the personal information that we share with them only for providing the services to us and to maintain this information as strictly confidential. These third parties may, however, aggregate the information they collect with information from their other customers for their own purposes.
In addition, we strive to provide you with choices regarding the personal information you provide to us. We have created the following mechanisms to provide you with control over your personal information:
· Tracking Technologies and Advertising.
· Promotional Offers from Scanwell.
If you do not wish to have your email address used by Scanwell to promote our own products and Services, you can opt-out at any time by clicking the unsubscribe link at the bottom of any email or other marketing communications you receive from us. This opt-out does not apply to information provided to Scanwell as a result of a product purchase or your use of our Services.8. Your Rights Regarding Your Information and Accessing and Correcting Your Information; Retention of Data
You can review and change most portions of your personal information by logging into our App and visiting your account profile screen. You may also notify us through the email address provided in Section 17 below of any changes or errors in any personal information we have about you to ensure that it is complete, accurate, and as current as possible or to delete your account. If you wish to delete certain required information that forms part of your account, we may need to delete your account in order to delete that personal information. We may also not be able to accommodate your request if we believe it would violate any law or legal requirement or cause the information to be incorrect. Except as otherwise set forth herein and subject to your rights under Section 12 below, Scanwell retains personal informational, test results and other information collected hereunder for as long as your account remains active. In response to an account owner’s account deletion request, Scanwell will anonymize or otherwise delete personal information associated with the account. Certain information, however, may not be deleted in accordance with applicable exceptions under provincial, state, or federal law, such as data contained in backup tapes or archives, kept pursuant to legal obligations, needed to detect security incidents and protect against malicious, deceptive, fraudulent, or illegal activity, or prosecute those responsible for that activity, needed for debugging to identify and repair errors that impair existing intended functionality, and that must be kept for internal reporting and analysis purposes. Test results and other unidentifiable data regarding tests conducted are retained and associated with an anonymized “dummy” account, so that this information is no longer linked to the original account owner. These dummy accounts are used for quality assurance and research and development purposes.9. Do Not Track Signals
We may use automated data collection technologies to collect information about your online activities over time and across third-party websites or other online services (behavioral tracking). Some web browsers permit you to broadcast a signal to websites and online services indicating a preference that they “do not track” your online activities. At this time, we do not honor such signals and we do not modify what information we collect or how we use that information based upon whether such a signal is broadcast or received by us.10. Information About Children
While we may collect information about children under the age of 13 from such children’s parent(s) or legal guardian(s), and we may allow parents and legal guardians to authorize their children who are 14 - 17 years of age to use a sub-profile created by the applicable parent or legal guardian, the Services are not otherwise designed for minors under the age of majority in their place of residence. We do not knowingly collect or solicit personal information of minors. If you are a minor, please do not attempt to register for the Services or send any personal information about yourself to us without the permission of your parent or legal guardian. If we learn that we have collected personal information from a minor, we will delete that information as required by law. If you believe that a minor may have provided us personal information, please contact us at email@example.com. Data Security
We have implemented physical, technological, and procedural measures designed to secure your personal information from accidental loss and from unauthorized access, use, alteration, and disclosure. We use encryption technology for information sent and received by us.
The safety and security of your information also depends on you. Where you have chosen a password for the use of our App, you are responsible for keeping this password confidential. We ask you not to share your password with anyone.
Unfortunately, the transmission of information via the internet is not always secure. Although we do our best to protect your personal information, we cannot guarantee the security of your personal information transmitted to our Website or on or through our App. Any transmission of personal information is at your own risk. We are not responsible for circumvention of any privacy settings or security measures contained on the Website, in your operating system, or in the App.12. Access to Personal Information; Withdrawing Consent
You can ask to access the personal information that we have about you. If you want to review, verify, delete, or correct your personal information, please contact us. We may request specific information from you to enable us to confirm your identity and right to access, as well as to search for and provide you with the personal information that we hold about you. If you require assistance in preparing your request, please contact us.
Your right to access the personal information that we hold about you is not absolute. There are situations where applicable law allow or require us to refuse to provide some or all of the personal information that we hold about you. In addition, your personal information may have been destroyed, erased, or made anonymous in accordance with our record retention practices. In the event that we cannot provide you with access to your personal information, we will endeavour to inform you of the reasons why, subject to any legal or regulatory restrictions.
If you are based on California or Nevada, you have other rights with respect to your personal information. Please see below for more information that may be applicable to you.13. Privacy Information for California Residents
If you are a California resident, California law requires us to provide you with some additional information regarding how we collect, use, and share your “personal information” (as defined in the California Consumer Privacy Act (“CCPA
”)). Categories of personal information we collect and disclose.
· Identifiers and contact information (e.g., name, address, email address, account names)
· Commercial and transactional information (e.g., information about your purchases)
· Financial information (e.g., credit card info collected by our payment processors)
· Internet or other network or device activity (e.g., IP address, browsing history, app usage)
· Geolocation information (e.g., general location and precise location, with your permission)
· Demographic and statistical data (e.g., your gender, interests based on products and services you use)
· Physical characteristics (e.g., photos of you)
· User-generated content (e.g., information you choose to post in our online forums)
· Customer service data (e.g., information you provide through a chat or call with Scanwell’s Support Team)
We collect the categories of personal information identified above from the following sources: (1) directly from you; (2) through your use of the Services; (3) affiliates; and/or (4) third parties such as social networks and third-party intermediaries such as physicians, medical professionals, and pharmacies.
The business purposes for which we use the personal information we collect are: to manage, facilitate, and improve the Services; for research, marketing, and analytics; to communicate with users; for technical support and customer service; for security and fraud prevention; and for legal compliance and defense.
In the previous twelve months, we may have shared certain categories of personal information with vendors and third parties for business purposes. We may share your personal information with our service providers, our affiliates, and with other entities for legal and fraud prevention. We may also share certain personal information with health care providers and other third parties at your direction or with your consent, such as (1) identifiers and contact information; (2) diagnostic test results; (3) commercial and transactional information; and (4) customer service data.
If you are a California resident, the CCPA allows you to make certain requests about your personal information. Specifically, the CCPA allows you to request us to:
· Inform you about the categories of personal information we collect or disclose about you; the categories of sources of such information; the business or commercial purpose for collecting your personal information; and the categories of third parties with whom we share/disclose personal information.
· Provide access to and/or a copy of certain information we hold about you.
· Delete certain information we have about you.
The CCPA further provides you with the right to not be discriminated against (as provided for in applicable law) for exercising your rights. Please note that certain information may be exempt from such requests under California law. For example, we need certain information in order to provide the Services to you. We also will take reasonable steps to verify your identity before responding to a request.
If you are a California resident and you would like to exercise any of your data rights under California law, please email us at firstname.lastname@example.org or visit our request portal at https://www.scanwellhealth.com/legal/ccpa. Please include your full name, email address and residential address associated with your use of our Services, along with the rights you would like to exercise, so that we can process your request in an efficient manner. If you would like to receive a copy of your medical record in connection with your request, please indicate that in your email message. By requesting your medical record in this way, you are agreeing to receive your medical record in an unencrypted email message.Sale of Personal Information.
The California “Shine the Light” law gives residents of California the right under certain circumstances to request information from us regarding the manner in which we share certain categories of personal information (as defined in the Shine the Light law) with third parties for their direct marketing purposes. We do not share your personal information with third parties for their own direct marketing purposes without your explicit consent.14. Privacy Information for Nevada Residents
Under Nevada law, certain Nevada consumers may opt out of the sale of “personally identifiable information” for monetary consideration (as such terms are defined under Nevada law) to a person for that person to license or sell such information to additional persons. We do not engage in such activity; however, if you are a Nevada resident who has purchased services from us, you may submit a request to opt out of any potential future sales under Nevada law by sending an email to email@example.com. Please note we will take reasonable steps to verify your identity and the authenticity of the request. Once verified, we will maintain your request in the event our practices change.
15. Information on the rights of residents of Quebec regarding the protection of his or her personal information under the Act respecting the protection of personal information in the private sector (“Private Sector Act”)
If you are a physical person residing in Quebec, we may collect by any lawful means any information that identifies you (hereinafter your “Personal Information”), to the extent that we have a serious and legitimate interest to do so.
For the purposes of the Private Sector Act, if you are an individual residing in Quebec, we collect the following Personal Information:
- Full name, date of birth, e-mail address, mailing address, country of residence, and/or photos you upload to our App or send us;
- your login and password when you create an account;
- your personal health information, including test results when you use one of our diagnostic tests;
- your geolocation information (IP address, province or country from which you view pages on the Website, the link between your IP address and your postal code associated with your computer or cell phone);
- the number of times you click to like a page on social networks such as Facebook, Instagram, Twitter, LinkedIn, the pages you follow on social networks as well as the name, e-mail address with its accounts;
- the information you provide when you sign up for one of our promotions or submit information to us via our social networking pages;
- the information about you that we obtain from third parties with whom we work with to provide Services to you; including additional information that these third parties may provide regarding you;
- photos you take or upload to servers using a camera on your mobile phone;
- the time spent on the Website and the way you use our App.
We may process your Personal Information for any of the following legitimate purposes:
- Because we need to perform a contract with you such as when you use our Services;
- Because you have given us your consent to do so;
- Because the processing is in our legitimate interest and does not override your rights;
- For payment processing purposes;
- To comply with the law.
If you reside in Quebec, you have certain rights to protect your Personal Information. In certain circumstances, you have the following protection rights:
- The right to access, update or obtain a copy of your Personal Information that we have about you;
- The right to rectify inaccurate, incomplete or ambiguous Personal Information;
- The right to delete Personal Information that is outdated or not justified by the purpose of the file;
- The right to withdraw your consent.
Please note that we may ask you to verify your identity before responding to these requests.
You have the right to complain to the Commission d’accès à l’information
(the “CAI”) about our collection and use of your Personal Information by using the forms available at : https://www.cai.gouv.qc.ca
If the information collected from residents of Quebec does not fall under the exceptions provided for by law which would allow communication and use of such information without consent from the data subject, we commit to obtain your prior consent for this communication and use before the information is transmitted.16. Third Party Privacy Practices
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