Somatix Privacy Policy

August 2019

Somatix, Inc. (“Somatix,” “we” or “us”), the provider of the SmokeBeatTM Smoking cessation monitoring solution and the SafeBeingTM– remote patient monitoring solution (each, a “Solution” and together, the “Solutions”), the Somatix proprietary SERF (Social, Emotional, Rational and Financial) Incentive program, and any other current and future Somatix services and tools (each, a Somatix “Service”), highly values your privacy and has therefore set up this extensive privacy policy to help you better understand your rights and how your information is processed through the Solutions. If you do not agree to this Privacy Policy, please do not use the Solutions or other Somatix Services.

Unless otherwise indicated in a specific section of this Privacy Policy, all sections are applicable to all users of our Solutions and to all Services.

1.  Data You Provide to Us:

a. Registration Process:

In connection with registering for a Solution or Service, you may be requested to provide Somatix with certain personal information such as:

SmokeBeatTM: your email address, name, age, birthday, gender and certain data about your smoking habits.

SafeBeingTM: your email address, name, age, birthday, gender, certain data about your physique and health condition such as mobility, activity levels and details about your designated emergency contacts.

(collectively, the “Personal Information”).

You are under no obligation to provide Personal Information, however, not providing this Personal Information may prevent you from using certain features of the Solutions and other Services.

b. Automatic Data Collection:

The Solution applications: When users download, install and use one of our Solutions applications on their mobile phone or Wearable (as defined below), we automatically gather information, including without limitation, carrier providers, unique device identifiers, geo-location information (if allowed by the user), the types of mobile devices and operating systems accessing the Solutions (collectively, “Mobile Device Data”).

In addition, the Solutions start collecting data from the Wearables (as defined below) once you have installed a Solution application, and communicate this information to the Somatix server system.

For example, the SmokeBeatTM Solution collects information such as your smoking habits and other hand-to-mouth physical gestures. Your smoking habits information may include, among other things, the number of cigarettes you smoke, the number of inhales you make per cigarette, location of your smoking habits, and other social aspects and behavioral aspects of your smoking activities (collectively, “Smoking Habits Information”).

The SafeBeingTM Solution collects information about a user’s Activities of Daily Living (ADL), which includes, information about the user’s liquid consumption habits, medication consumption, walking and sleeping habits and other information with respect to their daily routine (collectively, the “ADL Information”). In order to terminate our data collection, you may remove the Solution application from your mobile device at any time.

c. Smartwatches and Wristbands (the “Wearables”):

The Wearables collect information about your hand-to-mouth gestures as well as other physical information and delivers it to the Solution application. This is done by the application on a continuous basis by receiving and analyzing the data extracted from sensors that exist on the wearable device, such as accelerometers and gyroscopes. If you do not wear the Wearable it cannot collect information about your activities, and thus such information is not conveyed onwards. If you forget your Wearable, you can always input the data manually directly to the Solution application.

d. Data We Collect About Others that You Share with Us:

In order to allow others to view or interact with the Services, such as through a Viewer Account or an Admin. Account (as defined in the Somatix’s Terms of Service) you will be required to provide us with their name, phone number and you may also provide us with their local address and email address. When you share these details with us, you are deemed to have secured all requisite permissions and approvals from such individuals to share such details for the aforesaid purpose.

Applicable to: All Services/All Solutions

2. Information you make public or share with Designated Third-Parties

Certain portions of the Solutions may provide you with options to publicly upload, post, transmit, display, perform or distribute content, or other information, including your Personal Information and your Smoking Habits Information. Please be aware that any information published in a public area will not be considered private and may be accessible to us or third parties and used by us or such third parties for any reason. You should exercise caution when making public any information (including Personal Information and Smoking Habits Information).

We offer this feature in order to enable those close to you, (such as family members, guardian, medical staff, etc.) to be able to view certain information collected on you within the course of the Services, for their purpose. However, we cannot control nor monitor the manner in which such information is used by such third parties, and you are thus required to review any such access permission periodically, and take additional measures in making sure that your information is not abused.

Applicable to: All Services

3. Third Party Services

Should you choose to create an account using your login details from another service e.g. Facebook, please be aware that Somatix may collect information from the third party service, that the third party service may collect information from Somatix and that the information you provide on either service may be visible to your friends and users of the other service. The Solution may link to or refer to websites or mobile device applications that we do not control. Please note that to the extent a user uses a Wearable where a third-party provides the operating system of such Wearable (e.g. Google or Apple), such third party also receives and collects information about your activities while you wear the Wearable.

Applicable to: All Services

4. How Do We Use the Information?

Somatix may process your Personal Information, Mobile Device Data, Smoking Habits Information and ADL Information (together, the “Information”) in order to provide, maintain, improve and protect the Services and users, learn about your use of the Solution application and provide you with new services and features. The Information acquired is subjected to analysis and cross-reference with your user profile and history, in order for the Solution analytics to provide you with the right insights to take better care of your health by issuing personalized incentives.

If you contact us, we may keep records of your communication to assist us in resolving your issues. We may also use your contact information by text, email or other communication to inform you about our Services, such as changes, improvements and new releases. We will provide you with a choice for opting out of receiving any mailings and other communications, and we will ask for your consent for use of your Personal Information other than as listed in our Privacy Policy.

Applicable to: All Services/All Solutions

5. Who are the Third Parties Who Have Access to the Information?

In order to provide you with certain Services, Somatix may share with third parties certain Information that is not personally identifiable. Any Information which is personally identifiable Information may be shared with third parties only when:

  • We have your prior consent to disclose such information;
  • We need to disclose such information to fulfill a transaction you have requested;
  • Legal Purposes: (i) we are required to disclose such Information to authorized officers of a court in order to comply with valid legal process, (ii) to act in other circumstances in which Somatix believes the Services are being used illegally or in the commission of a crime, (iii) when necessary either to protect the rights or property of Somatix or to protect the rights of its users or (iv) to enforce and/or investigate terms of service violations;
  • We need to send such information to a third-party contractor, company, partner or affiliated company that works with Somatix in helping us operate the Somatix Services and provide our Services to you and is subject to applicable confidentiality requirements. Your prior consent will also be required in these circumstances. Further, in such circumstances we will only provide these companies with the Information they need in order for us to deliver the Services; or
  • As otherwise specified in this Privacy Policy.

Applicable to: All Services/All Solutions

6. How We Work with Storage Providers and Analytics Providers

We may use from time to time third-party analytics providers such as Google Analytics. Analytics providers are third-party companies that collect information when people use the apps and the Somatix platform. Google Analytics provides users with information about how it collects and uses information and choices for opt-out. For more info please see Google Analytics.

AppsFlyer provides mobile advertising and marketing analytics platform to app developers. For more info please see AppsFlyer.

Also, we may use third party cloud services, such as Amazon Web Services. Cloud services are remote storage services. Amazon’s privacy policy can be found at: http://aws.amazon.com/privacy/.

Applicable to: All Services/All Solutions

7. Can You Remove or Amend any Personal Information?

To request to remove any identifiable Information from our servers and system, you may contact us at the email address provided below under “How to Contact Us”, provided, however, that Somatix may charge you the cost of such removal. At any time, you can stop the collection of your information by uninstalling the Solution application and refraining from using the Services.

We do not store any of your personal health information (PHI) that is communicated through our Services by other entities, such as Electronic Health Records (EHR), in order to provide you with the Services (such as your prescriptions or other personal medical information). PHI is only stored by an Admin or Account operator. Accordingly, if you wish to request the removal or amendment of any PHI, please send your request to such Admin or Account operator.

8. Location of the Use of the Services

The Services are intended to be used solely in the of the United States of America, and we make no representation that the Service is appropriate or in compliance with any of the laws (especially privacy laws) in any other country, geographic area or jurisdiction outside the United States of America.

9. Age of Users

The use of our Services is subject to age restrictions as set forth in our Terms of Service.

10. Changes to this Privacy Policy

Somatix may update this Privacy Policy from time to time, therefore you should review this Policy periodically. If there are significant changes to Somatix’s information practices, you will be provided with appropriate online notice, such as notification through the Service. Your continued use of the Services following the date indicated in which the amended Privacy Policy is published shall be an indication of your acceptance of such new Privacy Policy.

11. How to Contact Us

If you have any questions or concerns about the Somatix Privacy Policy or its implementation, you may contact us at this email address: [email protected]

Copyright (c) 2019 SOMATIX, Inc. ALL RIGHTS RESERVED