Privacy Statement


Definitions

  • “SensiCardiac” means Diacoustic Medical Devices (Pty) Ltd trading as SensiCardiac, whose principal place of business is located at Octo Place A3, Electron Street, Techno Park, Stellenbosch, 7600, South Africa.
  • “R&D” means research and development activities performed by SensiCardiac on User data, including Personal Information, Heart Sound Recordings and Physician-Reported Information. These activities may include, among other things, improving our Services or Products and/or offering new products or services; performing quality control activities; conducting data analysis which may lead to and/or include commercialization with a third-party; and reference by other users and/or healthcare providers to better understand symptoms or conditions.
  • “Research” means scientific research that SensiCardiac performs alone or in conjunction with third-party contractors with the intent to publish in a peer-reviewed scientific journal. Research uses only Heart Sound and Physician-Reported Information from Patients who have consented as “consent” is defined in the applicable Consent Document. Research activities do not include R&D.
  • “Product” or “Products” means all equipment, hardware or devices that are manufactured or delivered or provided by SensiCardiac; including but not limited to the Littmann electronic stethoscope and any successor or subsequent version or model of any electronic stethoscope equipment, hardware or devices.
  • “Service” or “Services” means all software, website or web platform communication amenities or portals; any information or access to information provided or facilitated by SensiCardiac’s web-based portals or platforms to provide support for a Product or information derived or transmitted by a Product; and/or any other services provided by SensiCardiac.
  • “Third Party Service or Services” may or may not involve consulting or medical services provided by a physician or other healthcare provider, using Internet or telemedicine or other electronic communication.
  • “Third Party Use or Uses” may or may not involve consulting or medical services provided by a physician or other healthcare provider, using Internet or telemedicine or other electronic communication.
  • “User” or “Users” means any individual authorized by SensiCardiac to utilize the Services and Products provided by SensiCardiac, including those individuals acting on behalf of an authorized User, or individuals with legal authorization for the User.


SensiCardiac recognizes and understands the importance of privacy and respects our Users’ desire to store and access personal information in a private and secure manner.

This Privacy Statement applies to both the website (www.sensicardiac.com) and to any SensiCardiac desktop, laptop or mobile application and describes in detail how SensiCardiac manages, stores and utilizes Personal Information. SensiCardiac is committed to protecting the privacy of all Users’ Personal Information and providing a secure, user-controlled environment for the use of Services or Products. At the same time, the User shares responsibility for maintaining privacy and security—for example, by keeping the password private and secure.

SensiCardiac encourages all Users to read and familiarize themselves with this Privacy Statement. The Terms of Service explains that, by using the website and signing up for Services or Products, the User gives SensiCardiac permission to process, manage, and disclose Personal Information according to the provisions set forth in those documents and this Privacy Statement.

SensiCardiac requires that all Users, regardless if the use is in connection with an account or not, including individuals, companies, or other entities, who utilize Services or Products in any way must comply with all applicable privacy laws, including, but not limited to, HIPAA, HITECH, and all other applicable state/federal laws.

Personal Information

During the course of the User’s relationship with SensiCardiac, SensiCardiac collects several types of Personal Information. “Personal Information” means information that could be used to identify the User, either alone or in combination with other information. SensiCardiac collects such information from the User when he or she purchases our Services or Products, creates a personal account, completes surveys and forms, and/or when her or she communicates with or requests information from SensiCardiac. Personal Information collected online or through the mobile application can be combined with Personal Information collected offline. SensiCardiac collects five primary types of Personal Information through Services or Products and its website.

  • “Registration Information” means information that SensiCardiac collects when the User purchases or signs up for our Services or Products. Examples of such information include the User’s name, credit card information, billing and shipping addresses, and contact information, such as email address and telephone number.
  • “Heart Sounds” means any heart sounds recorded using Services or Products.
  • “Self-Reported Information” means any information that the User provides to SensiCardiac, including, but not limited to, information about the User’s health conditions (e.g. VSD), other health-related information (e.g. pulse rate, blood pressure), personal traits (e.g., weight, height), ethnicity, and/or family history (e.g. similar information about family members). SensiCardiac collects this information if and when the User enters it into surveys, forms or features while signed in to an account. Self-Reported Information is included in Research only if the User provides written consent—as described in the applicable Consent Document—to its use for that purpose.
  • “User Content” means all information other than Heart Sound Data or Self-Reported Information generated by the User of SensiCardiac Services or Products and transmitted, whether publicly or privately, to SensiCardiac. User Content may include data, text, software, music, audio, photographs, graphics, video, messages, or other materials. For example, User Content includes posts made to the SensiCardiac community forums or emails to Customer Support. User Content does not include Heart Sounds or any Self-Reported Information.
  • “Web Behavior Information” means information related to how the User uses the SensiCardiac website (e.g. browser type, domains, page views) collected through log files, cookies, and web beacon technology.

How SensiCardiac Uses Personal Information

SensiCardiac collects and maintains Personal Information for all purposes necessary to ensure the regular operation of User accounts and/or availability of Services or Products. These purposes include, among other things, providing Services or Products to the User; improving Services or Products and/or offering new products or services; informing the User about events; inviting the User to participate in specific research projects; contacting the User to obtain testimonials or for other promotional purposes; performing quality control activities; conducting other R&D; and, with the User’s express written consent, conducting Research.

SensiCardiac may give Personal Information to third-party service providers, including companies, organizations, and individuals who help to provide, understand and improve Services or Products. For example, SensiCardiac may use service providers to help host the website, run the mobile application, send emails, implement marketing campaigns, measure the effectiveness of advertising, conduct surveys or polls, obtain testimonials, or otherwise help run or improve its business. In all instances, service providers act on SensiCardiac’s behalf and SensiCardiac requires by contract that they protect the confidentiality of any information provided to them.

Below is a description of additional ways in which SensiCardiac uses subsets of Personal Information.

How SensiCardiac Uses Registration Information

SensiCardiac uses Registration Information to authenticate the User’s website and mobile application visits and usage; to enable the User’s purchase(s); to communicate with the User about information, services, and products upon request; and to manage and improve the website, mobile application, software and Services or Products. The User may opt-out of optional communications, either through Services or Products or by contacting the Privacy Officer at privacy@sensicardiac.com.

How SensiCardiac Uses Heart Sound Data and Self-Reported Information

SensiCardiac uses Heart Sound Data and Physician-Reported Information to provide Users with SensiCardiac Services or Products, customize the User experience, and enhance its features.

If the User consents to participate in Research as described in the applicable Consent Document, SensiCardiac may include Heart Sound Data and Self-Reported Information in Aggregated Data disclosed to third parties for the purpose of publication in peer-reviewed scientific journals. Research is generally intended to advance Heart Disease knowledge and to create, commercialize, or undertake activities toward the practical applications of this learning to the improvement of health care. As a means towards those same goals, if the User consents to participate in Research, SensiCardiac may allow qualified research contractors to access the User’s individual-level Heart Sound Data and/or Self-Reported Information onsite at SensiCardiac’s offices for the purpose of conducting scientific research, provided that all such research contractors are supervised by SensiCardiac and subject to SensiCardiac’s access rules and guidelines. If the User consents to participate in Research, SensiCardiac may provide the User’s individual-level Heart Sound Data and/or Self-Reported Information to qualified researchers for the purpose of scientific research and publication in peer-reviewed scientific journals, which may result in commercial usage of such information. SensiCardiac will never use Registration Information for Research or R&D. If the User does not consent to participate in Research, SensiCardiac may still use the User’s Heart Sound Data and Physician-Reported Information for purposes such as quality control or other R&D activities. Heart Sound Data and Physician-Reported Information used for such purposes may be included in Aggregated Data disclosed to third-party research partners who will not publish the information in peer-reviewed scientific journals. Research partners may include commercial or non-profit organizations that conduct or support scientific/medical research or conduct or support the development of drugs or devices to diagnose, predict, or treat health conditions. These activities may also include reference by other users and/or healthcare providers to better understand symptoms or conditions.

In all instances whereby SensiCardiac may use or share the Patient’s Personal Information stripped of Personally Identifiable Information without the User or Patient’s consent, as described in this Privacy Statement, the User or Patient may opt-out of the sharing of this information, either through our Services or Products or by contacting our Privacy Officer at privacy@sensicardiac.com.

How SensiCardiac Uses User Content and Web Behavior Information

SensiCardiac uses User Content to provide our Services or Products and improve Users’ overall experience. For example, posts made to the SensiCardiac community forums are publicly displayed to other Users. By submitting, posting or displaying User Content, all Users give SensiCardiac a non-exclusive license to use any User Content submitted, posted, or displayed on or through the Services or Products, as further described in Section 13 of the Terms of Service. SensiCardiac may make User Content available to other companies, organizations, or individuals with whom SensiCardiac has contractual relationships, and to use User Content in connection with the provision of those services. SensiCardiac, in performing the required technical steps to provide the Services or Products to our users, may also (a) transmit or distribute User Content over various public networks and in various media; and (b) make such changes to User Content as are necessary to conform and adapt that content to the technical requirements of connecting networks, devices, services, or media.

Web Behavior Information is collected through log files, cookies, and web beacon technology during a visit to the SensiCardiac website. SensiCardiac uses Web Behavior Information to improve Services or Products, which may include disclosure of aggregated Web Behavior Information to third-party non-profit and/or commercial research partners who will not publish that information in peer-reviewed scientific journals.

Log Files. When the User visits the SensiCardiac website or uses the mobile application, SensiCardiac gathers certain information automatically and stores it in log files. This information includes Internet Protocol (IP) addresses, browser type, Internet Service Provider, referring/exit pages, operating system, date/time stamp, and clickstream data (i.e. a list of pages or URLs visited). This information may be linked to the User’s profile ID or order number. SensiCardiac uses this information to analyze trends, administer the site, track users’ movements around the site, identify and resolve issues, and gather demographic information about the user base as a whole.

Cookies. The SensiCardiac website uses cookies.

Web Beacons. A web beacon is a clear graphic image that is loaded by a web browser when it accesses a website and that records a User’s visit to a particular web page. SensiCardiac, or third parties that work for SensiCardiac, may place cookies and web beacons on the website, in emails, and in advertisements that appear on other websites or in emails sent by others that mention SensiCardiac products and services with SensiCardiac’s permission. The purpose of the web beacons is to support operation of the website and to offer additional products and services through targeted advertisements. For example, SensiCardiac may use beacons to determine when someone views a web page, count how many individuals visit the website after clicking advertisements placed on other websites, or count how many people have purchased products from the website after viewing an advertisement SensiCardiac placed. Web beacons may also help SensiCardiac determine the effectiveness of an email campaign because the beacons can count the number of individuals who open an email or forward it to others. SensiCardiac uses this Web Behavior Information to better tailor our marketing efforts and may also use this information to customize content on the website, enable a shopping cart, or conduct research. Third parties only collect anonymous Web Behavior Information through the use of web beacons, allowing statistical analysis relating to the performance of advertising.

Web beacons can be disabled by customizing and/or preventing a web browser from loading them, but there is not currently a standard method for doing so.

How to Opt-Out of Internet Tracking

SensiCardiac offers Users to opt-out of Internet tracking. Users must
email privacy@sensicardiac.com with their request or select the unsubscribe option within an email.

Information Sharing

SensiCardiac allows Users to connect with their healthcare provider(s), patient(s), other Users, contacts, and Third Party Service providers, through its “sharing” and “email” features. For some features, opt-out is required to avoid notifications. In addition, Users may choose to disclose, through other means not associated with SensiCardiac, any part of the User’s Personal Information to friends and/or family members, groups of individuals, third- party service providers, healthcare providers, and/or other individuals. SensiCardiac recommends that Users make such choices carefully.

Personal Information, once released or shared, can be difficult to contain. SensiCardiac does not share or assume any responsibility or liability for any consequences resulting from a User’s disclosure of Personal Information with a third-party. Likewise, if a User has access to the Personal Information of another User through a shared account, the User has a responsibility to protect the privacy of that person. It is important that the User does not share Personal Information with anyone and keep it secure.

Information Disclosure

SensiCardiac does not sell, lease, or rent individual-level Personal Information without the User’s express written consent. As a general rule, SensiCardiac will not disclose individual-level Personal Information to any third-party, except under the following circumstances:

  • Partners or service providers (e.g. credit card processors or affiliate healthcare providers) process and/or store Personal Information in order to help SensiCardiac provide, understand, or improve Services or Products.
  • If the User consents to participate in Research, qualified research contractors may access the User’s individual-level Heart Sound Data and Self-Reported Information for the purpose of conducting scientific research, provided that all such research contractors are supervised by SensiCardiac and subject to SensiCardiac’s access rules and guidelines.
  • If the User consents to the use of individual-level data, qualified researchers (who must comply with certain requirements) may access the User’s individual-level heart sounds and/or Self-Reported Information for the purpose of scientific research, which could lead to commercial use.
  • The User has provided express written consent for SensiCardiac to do so.

SensiCardiac may disclose the User’s Personal Information for the following reasons:

  • Contact information. SensiCardiac will ask for and require the User’s express written consent to allow partner organizations (not including service providers) direct access to Registration Information.
  • Commercial partnerships. SensiCardiac may enter into commercial arrangements to enable partners to provide Services or Products to their customers and/or to provide Users’ access to their products and services. SensiCardiac will not provide any individual-level Personal Information to these commercial partners without the User’s express written consent. SensiCardiac may include Self-Reported Information and Heart Sound Data in the form of Aggregated Data in disclosure to these commercial partners even if the User does not consent to participate in Research.

Information Disclosure Required By Law

Under certain circumstances, Personal Information may be subject to disclosure pursuant to judicial or other government subpoenas, warrants, or orders, or in coordination with regulatory authorities. The User acknowledges and agrees that SensiCardiac is free to preserve and disclose any and all Personal Information to law enforcement agencies or others if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with legal or regulatory process (such as a judicial proceeding, court order, or government inquiry) or obligations that SensiCardiac may owe pursuant to ethical and other professional rules, laws, and regulations; (b) enforce the SensiCardiac TOS; (c) respond to claims that any content violates the rights of third parties; or (d) protect the rights, property, or personal safety of SensiCardiac, its employees, its Users, its clients, and the public. In the event SensiCardiac is required by law to disclose Personal Information, SensiCardiac will notify the User through the contact information provided to SensiCardiac in advance, unless doing so would violate the law or a court order. As relates to SensiCardiac’s IRB- approved research, SensiCardiac has obtained a Certificate of Confidentiality from the National Institutes of Health. If the User chooses to participate in SensiCardiac’s IRB-approved research, SensiCardiac will withhold disclosure of Personal Information involved in such research in response to judicial or other government subpoenas, warrants or orders in accordance with the Certificate of Confidentiality.

Linked Websites

SensiCardiac provides links to third-party websites operated by organizations not affiliated with SensiCardiac. SensiCardiac does not disclose Personal Information to organizations operating linked third-party websites. SensiCardiac does not review or endorse, and is not responsible for, the privacy practices of these organizations. SensiCardiac encourages all Users to read the privacy statements of each and every website Users visit. This Privacy Statement applies solely to information collected by SensiCardiac.

User Testimonials

SensiCardiac posts testimonials on our website from consenting Users, and may use testimonials in other formats consistent with consent received. User testimonials may contain personally identifiable information. SensiCardiac may use Personal Information in order to contact the User to obtain a testimonial and obtain the User’s express written consent via email or agreement sent via fax, .pdf or mail prior to using such testimonial and/or using the User’s name along with the testimonial.

Choices Regarding User Information

The User can opt-out of receiving certain messages or notifications from SensiCardiac by contacting the Privacy Officer at privacy@sensicardiac.com. The User can also click the “unsubscribe” button at the bottom of promotional email communications. Please note that the User may not opt-out of receiving non-promotional messages regarding the User’s account, such as technical notices, purchase confirmations, or Services- or Products-related emails.

At the User’s written request, SensiCardiac will close the User’s account and will remove Personal Information. See the section below titled “Account Closure and Correction of Personal Information.”

The User can enable, disable or delete cookies on the User’s internet browser. Please note that if the browser is set to disable cookies, the User may not be able to access secure areas of the website and other parts of the website may also not work properly.

Account Closure and Correction of Personal Information

If the User wishes to stop participating in Services or Products, the account may be closed by sending a request to SensiCardiac Support via email at support@sensicardiac.com. When closing an account, SensiCardiac removes all personal identifiable information associated with Heart Sound Data. In addition, SensiCardiac retains limited Registration Information related to the User’s order history (e.g., name, contact, and transaction data) for accounting and compliance purposes.

Personal Information and Registration Information can be changed, corrected, or updated in the Account Settings page or within the mobile app.

Newsletter and Email Communications

To stop or start receiving the newsletter or marketing emails, select Unsubscribe at the bottom of any of the emails or contact us
at privacy@sensicardiac.com.

Children’s Privacy

SensiCardiac is committed to protecting the privacy of children as well as adults. Neither SensiCardiac nor any of its Services or Products are designed or intended to attract children under the age of 13. A parent or guardian, however, may collect an information from, create an account for, and provide Self-Reported Information on behalf of his or her child. The parent or guardian assumes full responsibility for ensuring that the information that he or she provides to SensiCardiac about his or her child is kept secure and that the information submitted is accurate.

Security

SensiCardiac takes seriously the security of all Users’ personal information. To prevent unauthorized access to or disclosure of User accounts, to maintain data integrity, and to ensure the appropriate use of information, SensiCardiac uses a range of reasonable physical, technical, and administrative measures to safeguard Personal Information in accordance with current technological and industry standards.

Please recognize that protecting Personal Information is also the responsibility of the User. SensiCardiac asks all Users to be responsible for safeguarding the User’s password, secret questions and answers, and other authentication information used to access our Services or Products. Users should not disclose authentication information to any third-party and should immediately notify SensiCardiac of any unauthorized use of the password. SensiCardiac cannot secure and assumes no liability for Personal Information that is released by the User or that the User asks SensiCardiac to release to third parties, such as a healthcare provider.

Business Transitions

In the event that SensiCardiac goes through a business transition such as a merger, acquisition by another company, or sale of all or a portion of its assets, Personal Information will likely be among the assets transferred. In such a case, Personal Information would remain subject to the promises made in any pre-existing Privacy Statement.

Changes to This Privacy Statement

This Privacy Statement was last updated on June 30, 2015. Whenever this Privacy Statement is changed in a material way, a notice will be posted as part of this Privacy Statement and on the customers’ account login pages for 30 days. In addition, all Users will receive an email with notification of the changes.

Contact Information

Please address all questions about the information contained in this statement to SensiCardiac’s Privacy Administrator at privacy@sensicardiac.com, or at the following address:

Privacy and Security Officer
Diacoustic Medical Devices
Octo Place A3, Techno Park
Stellenbosch, 7600
South Africa

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