KeyWise Privacy Policy

Last revised: July 14, 2021

1. Introduction

This Privacy Policy describes how KeyWise collects and uses Personal Data about you through the use of our mobile applications, and through email, text, and other electronic communications between you and KeyWise.

KeyWise, Inc. (“KeyWise,” “we,” “our,” or “us”) respects your privacy, and we are committed to protecting it through our compliance with this policy.

This Privacy Policy (our “Privacy Policy”) describes the types of information we may collect from you or that you may provide when you visit KeyWise’s mobile applications, KeyWise AI or KeyWise Research (our “App”) and our practices for collecting, using, maintaining, protecting, and disclosing that information.

This App may be downloaded and used for your personal use or you may be offered access by certain third parties, including as part of your participation in various research studies (each a “Study”), by an organization you are a member of (“Member Organization”), or by your healthcare provider as part of a treatment plan or overall care plan (“Provider”), in each case for informational purposes to assist with continuous, objective and passive tracking of a user’s mood and cognition in real-time.

The terms in this Privacy Policy apply to the types of information collected through the App. If you are offered access to the App in connection with your participation in a Study, you will or may have already signed an Informed Consent Form. In the event of a conflict between the terms of this Privacy Policy and the terms of the Informed Consent Form, the Informed Consent Form terms shall prevail. If you are offered access to the App by your Provider, your Provider is responsible for providing you with a Notice of Privacy Practices describing its collection and use of your health information, not KeyWise. If you do not agree to be bound by the terms of the Notice of Privacy Practices, you are not authorized to access or use our App, and you must promptly delete our App.

This policy applies to information we collect:

  • on our App; and
  • in email, text, and other electronic messages between you and us or our App.

It does not apply to information collected by:

  • us through any other means, outside of or apart from the App, including on any other website operated by KeyWise or any third party;
  • any third party, including your healthcare provider, outside of or apart from the App, including through any other means; and
  • any third party, including through any application or content (including advertising) that may link to or be accessible from or on the App.

Please read this policy carefully to understand our policies and practices regarding your information and how we will treat it. If you do not agree with our policies and practices, your choice is not to use our App. By accessing or using our App, you agree to this Privacy Policy. This Privacy Policy may change from time to time (see Changes to Our Privacy Policy). Your continued use of our App after we make changes is deemed to be acceptance of those changes, so please check this Privacy Policy periodically for updates.

2. Children Under the Age of 18

Our App is not intended for children under the age of 18 and children under the age of 18 are not permitted to use our App. We will remove any information about a child under the age of 18 if we become aware of it.

Our App is not intended for children under 18 years of age. No one under age 18 may provide any information to or through the App. We do not knowingly collect Personal Data from children under 18. If you are under 18, do not use or provide any information in our App or on or through any of their features, including your name, email address, or any screen name or user name you may use. If we learn we have collected or received Personal Data from a child under 18 without verification of parental consent, we will delete that information. If you believe we may have collected information from a child under 18 without parental consent, please contact us at info@keywise.tech.

3. Information We Collect About You and How We Collect It

We collect different types of information about you, including information that may directly identify you, information that is about you but individually does not personally identify you, and information that we combine with our other users. This includes information that we collect directly from you or through automated collection technologies.

Generally

When using our App, we may collect certain limited information by which you may be personally identified; that is about you individually but does not personally identify you; and about the equipment you use to access our App (collectively, “Personal Data”).

  • User Provided Information. Information by which you may be personally identified, such as name, e-mail address, biometric information (e.g., keystroke data and patterns and acceleration), age, race, national origin, gender, other information when you respond to surveys and feedback forms in the App.
  • User Contributions Transmitted Through the App. You also may provide information to be transmitted to other users of the App or third parties (collectively, “User Contributions”). Your User Contributions are transmitted to others at your own risk. Although we limit access to certain pages, please be aware that no security measures are perfect or impenetrable. Additionally, we cannot control the actions of other users of the App with whom you may choose to share your User Contributions. Therefore, we cannot and do not guarantee that your User Contributions will not be viewed by unauthorized persons.
  • Information Collected by Automatic Data Collection Technologies. As you navigate through and interact with our App, we may use automatic data collection technologies to collect information about your connection date and time, type (i.e., iOS or Android), model, operating system, and operating system version of your mobile device, and as you navigate through and interact with our App, we may use automatic data collection technologies to collect certain information about your browsing actions and patterns.
    • Biometric Information. Details of the user’s individual typing and keystroke patterns, which are used to create a profile of a user’s mood and cognition in real-time.
    • Usage Details. Details of the user’s access to and use of the App, including traffic data, location data, logs, and other communication data and the resources that the end user accesses and uses on or through the App.
    • Device Information. Information about the user’s mobile device and internet connection, including the device’s unique device identifier, IP address, operating system, browser type, mobile network information, and the device’s telephone number.
    • Real-Time Location Data. The App collects real-time information about the location of your device. You are given the option to allow or not location tracking when you download the app. If you do not allow location tracking we will not collection your location data.
  • Information from Third Parties. We may obtain information about you from other sources, such as your Member Organization, Provider or if you are Study participant, your research team, to supplement information provided by you. This supplemental information allows us to verify information provided to us and to enhance our ability to provide you with our services.

4. How We Use Your Information

We use your Personal Data for various purposes described below, including to:

  • provide our App to you;
  • provide our services to you;
  • provide you with information you request from us;
  • enforce our rights arising from contracts; and
  • notify you about changes.

We use information that we collect about you or that you provide to us, including any Personal Data:

  • to present our App and its contents and services to you;
  • to provide you with information, products, or services that you or your Provider, Member Organization, or Study research team requests from us or that may be of interest to you;
  • to process, fulfill, support, and administer requests for services requested by you or your Provider, Member Organization, or Study research team;
  • to personalize your App experience and to deliver content and product and service offerings relevant to your interests, including targeted offers and ads through our App;
  • for internal testing, research, analysis, and product development, including to develop and improve our App, and to develop, improve, or demonstrate our products and services;
  • to help maintain the safety, security, and integrity of our App, products and services, databases and other technology assets, and business;
  • detecting security incidents, protecting against malicious, deceptive, fraudulent, or illegal activity, and prosecuting those responsible for that activity;
  • debugging to identify and repair errors that impair existing intended functionality;
  • short-term, transient use, provided the personal information that is not disclosed to another third party and is not used to build a profile about you or otherwise alter your experience outside the current interaction, including, but not limited to, the contextual customization of ads shown as part of the same interaction;
  • to contact you in response to a request;
  • to understand our users usage patterns;
  • to improve our App, and to help develop new applications, procedures, and commercial products;
  • where you have received access to the App through your participation in a Study, as set forth in the Informed Consent Form; and
  • to fulfill any other purpose for which you provide it and for any other purpose with your consent.

All matters relating to the App shall be governed by and construed in accordance with the internal laws of the State of Illinois without giving effect to any choice or conflict of law provision or rule (whether of the State of Illinois or any other jurisdiction).

Some information KeyWise collects constitutes protected health information (“PHI”) under the U.S. Health Insurance Portability and Accountability Act (“HIPAA”) and Illinois State law. KeyWise will use and disclose PHI only as permitted under HIPAA.

5. Disclosure of Your Information

We do not share, sell, or otherwise disclose your Personal Data for purposes other than those outlined in this Privacy Policy. We disclose your Personal Data to a few third parties, including:

  • your Provider, if you are offered access to the App by your Provider;
  • to your research Study team, if you are a Study participant;
  • to service providers;
  • to a company we merge, acquire, or that buys us, or in the event of change in structure of our company of any form;
  • to comply with our legal obligations;
  • with your consent; and
  • to enforce our Terms of Use or other agreements with your Provider, Member Organization, or research Study team.

We do not share, sell, or otherwise disclose your Personal Data for purposes other than those outlined in this Privacy Policy or as set forth in the Informed Consent Form. However, we may disclose information about our users that has been combined to result in de-identified information.

We may disclose Personal Data that we collect or you provide as described in this Privacy Policy:

  • to your Provider as part of a treatment or overall care plan and your insurer or other benefit program;
  • to affiliates and service providers we use to support our business and who are bound by contractual obligations to keep Personal Data confidential and use it only for the purposes for which we disclose it to them. The services provided by these organizations include providing IT and infrastructure support services;
  • to a 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 Data held by KeyWise - about our App users are among the assets transferred;
  • to fulfill the purpose for which you provide it. For example, to transmit your User Contributions to other users, upon your request;
  • for any other purpose disclosed by us when you provide the information and with your consent;
  • to comply with any court order, law, or legal process, including to respond to any government or regulatory request;
  • to enforce or apply our Terms of Use and other agreements with your Provider, Member Organization, or research Study team, such as for billing and collection purposes; and
  • if we believe disclosure is necessary or appropriate to protect the rights or safety of our users.

Some information KeyWise collects constitutes protected health information (“PHI”) under the U.S. Health Insurance Portability and Accountability Act (“HIPAA”). As set forth above, your Provider will provide you with a Notice of Privacy Practices describing its collection, use, and disclosure of your health information, not KeyWise, Inc. KeyWise will use and disclose PHI only as permitted in KeyWise’ agreements with your Provider and we only collect the PHI we need to fully perform our services and to respond to you or your Provider. We may use your PHI to contact you to the extent permitted by law, to provide requested services, to provide information to your Providers and insurers, to obtain payment for our services, to respond to your inquiries and requests, and to respond to inquiries and requests from your Providers and benefits program. We may combine your information with other information about you that is available to us, including information from other sources, such as from your Providers, insurers or benefits program, in order to maintain an accurate record of our participants. PHI will not be used for any other purpose, including marketing, without your consent.

6. Choices About How We Use and Disclose Your Information

You may withdraw your consent at any time. If you do take away your consent, no new information will be taken, and you may also request that no new analysis on your information will be done. You may review and change your personal information by logging into the App and visiting your “User Profile” settings.

If you are offered access to the App through a Study, we will collect Personal Data through the App, which will be used for the purpose of the Study as described in the Informed Consent Form and may help develop new applications, procedures, and commercial products.

With respect to any PHI KeyWise may obtain, you have certain rights under HIPAA to access your data, to restrict use and disclosure of it, to request communication methods, to request corrections to your data, to receive an accounting of disclosures and to receive notice of any breach.

You can review and change your Personal Data by logging into our App and visiting your “User Profile” in the settings section of our App.

If you have any questions about the collection and use of information about you or would like to exercise rights that you may have regarding this information, please contact us at support@keywise.tech for more information or to request any of the above, or for information about HIPAA rights, to exercise any of your privacy rights, or to offer concerns, complaints or suggestions.

We do not control the collection and use of your information collected by third parties described above in Disclosure of Your Information. These third parties may aggregate the information they collect with information from their other customers for their own purposes.

We have created mechanisms to provide you with control over your Personal Data:

  • Promotional Offers from KeyWise. If you do not wish to have your email address used by KeyWise 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 KeyWise as a result of your use of our services.

7. Do Not Track Signals

We currently do not use automated data collection technologies to track you across websites. We currently do not honor do-not-track signals that may be sent by some browsers.

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, but we currently do not use automated data collection technologies to collect information about your online activities over time and across third party websites or other online services (behavioral advertising).

8. Data Security

Information transmitted over the Internet, including through our App, cannot be completely secure, but we strive to protect your Personal Data. You can help protect your Personal Data and other information by keeping your password to our App confidential.

We have implemented measures designed to secure your Personal Data from accidental loss and from unauthorized access, use, alteration, and disclosure. We use encryption technology for information sent and received by us through the App.

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 completely secure. Although we work diligently to try and protect your Personal Data, we cannot guarantee the security of your Personal Data transmitted to our App. Any transmission of Personal Data is at your own risk. We are not responsible for circumvention of any privacy settings or security measures contained on the App or in your operating system.

9. Data Retention Periods

We retain your Personal Data for as long as you keep your account open. In some instances, we may keep it after you close your account, for example we may keep it:

  • on our backup and disaster recovery systems;
  • for as long as necessary to protect our legal interests; and
  • and to comply with other legal requirements.

KeyWise will retain your Personal Data for the entire time that you keep your Account open. After you close your Account, we may retain your Personal Data:

  • for as long as necessary to comply with any legal requirement;
  • on our backup and disaster recovery systems in accordance with our backup and disaster recovery policies and procedures;
  • for as long as necessary to protect our legal interests or otherwise pursue our legal rights and remedies;
  • for as long as provided in the Informed Consent Form (which is applicable if you are a Study participant); and
  • for data that has been aggregated or otherwise rendered anonymous in such a manner that you are no longer identifiable, indefinitely.

10. Changes to Our Privacy Policy

We will post any changes to our Privacy Policy on our App. If we make material changes to our Privacy Policy, we may notify you of such changes through the App and invite you to review the changes.

We may change this Privacy Policy at any time. It is our policy to post any changes we make to our Privacy Policy on this page with a notice that the Privacy Policy has been updated on the App’s home screen. If we make material changes to how we treat our users’ Personal Data, we will notify you through a notice on the App’s home screen. The date this Privacy Policy was last revised is identified at the top of the page. You are responsible for periodically accessing the App and reviewing this Privacy Policy to check for any changes.

11. Contact Information

You may contact us through the contact information below.

If you have any questions, concerns, complaints or suggestions regarding our Privacy Policy for information about HIPAA rights, to exercise any of your privacy rights, or to offer concerns, complaints or suggestions or otherwise need to contact us, you may contact us by email at support@keywise.tech.

© 2022 KeyWise. All Rights Reserved