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Privacy Policy

Last Updated: October 30, 2023

This Privacy Policy to inform users of our policies and procedures regarding the collection, use, protection and disclosure of certain information received from your use of the Power of Patients website, located at Portal For Traumatic Brain Injury Data | Power Of Patients https://www.powerofpatients.com along with all related online services and products offered by Power of Patients  (“Site”), as well as all related websites, applications, and other services provided by us (collectively, together with the Site, our “Product”) and in connection with our customer, vendor, and partner relationships. This Privacy Policy is incorporated into and is subject to the Power of Patients Terms of Use. This Privacy Policy also tells you about your rights and choices with respect to your Personal Information, and how you can reach us to update your contact information or get answers to questions you may have about our privacy practices.

 

Registration with, use of, and access to the Product is subject to this Privacy Policy and our Terms of Use.  All terms not defined in this Privacy Policy will have the meanings set forth in the Power of Patients Terms of Use.

 

This Privacy Policy applies only to the Site.  This Privacy Policy does not apply to any products, services, applications, websites, or platforms provided by third parties not directly affiliated with Power of Patients that you may visit, e.g., via a link provided through the Site.  Power of Patients does not control the privacy policies of third-party products, services, applications, websites, or platforms to which we may provide links.  We encourage you to learn more about the online privacy and data security policies of third parties directly from such third parties, as their policies may differ from ours

 

PERSONAL INFORMATION WE MAY COLLECT

 

For the purpose of this Privacy Policy, “Personal Information” means any information relating to an identified or identifiable individual. We obtain Personal Information relating to you from various sources described below.

 

If you do not provide Personal Information when requested, you may not be able to benefit from our Product if that information is necessary to provide you with the service or if we are legally required to collect it.

 

We also collect other information that you provide as part of any registration and the administration and personalization of your account with us that does not identify you (“Non-Identifying Information”).  Non-Identifying Information includes, but is not limited to, your zip code (on its own) and individual preferences.  Certain Non-Identifying Information would be considered a part of your Personal Information if it were combined with other identifiers (for example, combining your zip code with your street address) in a way that enables you to be identified.  But the same pieces of information are considered Non-Identifying Information when they are taken alone or combined only with other non-identifying information (for example, your gender only or your viewing preferences).

 

PERSONAL INFORMATION PROVIDED BY YOU

 

Registration

 

If you desire to have access to certain sections of the Site or request to receive marketing materials, you may be required to become a registered user, and to submit the following types of Personal Information to Power of Patients your name, email address, cell phone number, full username, password, and zip.

 

Customer Support

 

We may collect information through your communications with our customer support team or other communications that you may send us and their contents.

 

Other

 

We may also collect your contact details when you provide them in the context of our customer, vendor, and partner relationships.

 

Personal Information Automatically Obtained from Your Interactions with the Product; Log or Usage Data

 

When you use our Product, our servers automatically record information that your browser sends whenever you visit a website (“Log Data”). This Log Data may include information such as the manufacturer and model of your device; your Internet Product Provider (ISP); your device’s Internet Protocol (“IP”) address (or other device identifier), browser type, and operating system; referring/exit pages; clickstream data; Site access times and dates, pages, or areas of the Site that you visit, the time spent on those pages, and information you search for on the Site; and other statistics.  Usage Data also includes geolocation data, which the Site collects and uses to facilitate search functionality, connectivity, and communication.   Usage Data may be non-identifying, or it may be associated with you.  Whenever we associate Usage Data with Personal Information, we will treat it as Personal Information.

 

Cookies and Similar Technologies

 

Like many websites, we also use “cookie” technology to collect additional website usage data and to improve the Site and our Product. “Cookies” are small data files assigned to your browser when you visit the Site which enable recognition of your browser and collect and store information about your use of the Products, as described above. A session cookie enables certain features of the Site and our service. A persistent cookie remains after you close your browser and may be used by your browser on subsequent visits to the Site. Persistent cookies can be removed by following your web browser help file directions. Most Internet browsers automatically accept cookies. 

 

Power of Patients may use both session cookies and persistent cookies to better understand how you interact with the Site and our Product, to monitor aggregate usage by our users and web traffic routing on the Site, and to improve the Site and our Product. We may also automatically record certain information from your device by using various types of technology, including “clear gifs” or “web beacons.” This automatically collected information may include your IP address or other device address or ID, web browser and/or device type, the web pages, or sites that you visit just before or just after you use the Product, the pages or other content you view or otherwise interact with on the Product, and the dates and times that you visit, access, or use the Product. We also may use these technologies to collect information regarding your interaction with email messages, such as whether you opened, clicked on, or forwarded a message, to the extent permitted under applicable law.

 

Third parties such as google and other browsers and search engines may also use cookies and other tracking technologies to collect information about your use of the Site, including content you have viewed.  We do not currently have an agreement with those services but may in the future use this information.

 

You can instruct your browser, by editing its options, to stop accepting cookies or to prompt you before accepting a cookie from the websites you visit. Please note that if you delete, or choose not to accept, cookies from the Product, you may not be able to utilize the features of the Product to their fullest potential.

 

Third Party Web Beacons and Third-Party Buttons

 

We may display third-party content on the Product, including third-party advertising. Third-party content may use cookies, web beacons, or other mechanisms for obtaining data in connection with your viewing of the third-party content on the Product. Additionally, we may implement third party buttons, such as Facebook “share” buttons, that may function as web beacons even when you do not interact with the button. Information collected through third-party web beacons and buttons is collected directly by these third parties, not by Power of Patients. Please consult such third party’s data collection, use, and disclosure policies for more information.

 

Tracking

Some Web browsers may be configured to send Do Not Track signals to online platforms, or Users may use similar mechanisms, to indicate a User’s preference that certain web technologies not be used to track the User’s online activity.  Power of Patients makes no guaranty that the Site will operate with such browsers.

 

Links to Other Websites

 

Our Site contains links to other websites. The fact that we link to a website is not an endorsement, authorization, or representation of our affiliation with that third party. We do not exercise control over third party websites. These other websites may place their own cookies or other files on your computer, collect data or solicit Personal Information from you. Other sites follow different rules regarding the use or disclosure of the Personal Information you submit to them. We are not responsible for the content, privacy and security practices, and policies of third-party sites or services to which links or access are provided through the Product. We encourage you to read the privacy policies or statements of the other websites you visit.

 

HOW WE MAY USE YOUR PERSONAL INFORMATION

 

We may use the Personal Information we obtain about you to:

 

•communicate with you about your trending health conditions;


• communicate with you to verify your account and for informational and operational purposes, such as account management, customer service, or system maintenance, including by periodically emailing you service-related announcements;
• tailor our Product (e.g., we may use cookies and similar technologies to remember your preferences);


• publish your content, comments, or messages on internal networks for learning purposes and social media platforms;


• aggregate your Personal Information for analytical purposes;


• provide customer support;


• operate, evaluate, and improve our business (including by developing new products and services; managing our communications; determining the effectiveness of our advertising; analyzing how the Product is being accessed and used; tracking performance of the Product; debugging the Product; facilitating the use of our Product);


• send you marketing communications about products, services, offers, programs and promotions of Power of Patients, and affiliated companies;


• ensure the security of our Product;


• manage our customer, service provider and partner relationships;


• enforce our agreements related to our Product and our other legal rights; and


• comply with applicable legal requirements, industry standards and our policies.

If you are located in the European Economic Area, we may process your Personal Information for the above purposes when:

 

• you have consented to the use of your Personal Information, For example, we may seek to obtain your consent to send you marketing communications.


• we need your Personal Information to provide you with services and products requested by you, or to respond to your inquiries,


• we have a legal obligation to use your Personal Information, or


• we have a legitimate interest in using your Personal Information. In particular, we have a legitimate interest in using your Personal Information to ensure and improve the safety, security, and performance of our Product, to anonymize Personal Information and carry out data analyses.

 

Our underlying technologies use inferences or calculations, using available data, to create information specific to you.  We create and collect this information for the purpose of providing our Product to you

 

HOW WE SHARE YOUR PERSONAL INFORMATION

 

We may disclose the Personal Information we collect about you as described below or otherwise disclosed to you at the time the data is collected.  We reserve the right to determine that whether prior to such disclosure we will require one or more written consents from you or any third parties in the form that we supply.

 

Health Care Professionals

 

We may share your Personal Information with physicians, therapist, and any other health care provider if you have authorized us to send your reports. This may include disclosure within any team of medical professionals and Personal Information will be shared in a reporting format and not individual records. You authorize us and any third-party with whom we have provided information pursuant to this Privacy Policy, Terms of Use and your User or Subscriber Agreement to contact you for the purposes set forth in this Privacy Policy and Terms of Use.  Information that is protected under the Health Insurance Portability and Accountability Act, as modified, and its implementing regulations (“HIPAA”), if any, will be protected in compliance with those requirements to the extent required under HIPAA.

 

Research Studies.

 

We may also use your Personal Information to help us to evaluate whether you might qualify to participate in certain research Studies or potentially benefit from a particular treatment option.  We also may contact you to (1) obtain additional information from you that we may need to make such evaluations, or to obtain required written authorizations from you that will be needed for your participation in a Study if you decide to do so (2) provide you with information about any Study or a treatment option or (3) answer any questions that you may have.  

 

Treatment Options

 

We also use your Personal Information for general, medical and market research purposes, and to promote Treatment Options that might be suitable for your condition or to connect you with resources and legal services providers. 

 

Anonymized Data

 

Anonymization is a data processing technique that removes or modifies personally identifiable information; it results in anonymized data that cannot be associated with any one individual. It’s a critical component of our commitment to privacy.   We may share such anonymized data obtained through our Product including data obtained from questionnaires and other inputs arranged as statistical data regarding health activities with other users and experts participating in the community through the health support applications.   Such data and experiences shall be anonymized and shared with other users and experts in the health and research. Intellectual property rights and copyrights for all such anonymized data obtained through the Product belong to Power of Patients. The specific Personal Information submitted by belongs to you.   We will never sell your name or address.

 

It is part of the mission of Power of Patients to enable the health care community to use the anonymized data collected through the Product, which may include anonymized versions of data that you submit, to develop and bring to market new treatments, therapeutics, diagnostics, and standards of practice that will benefit the community of people who have suffered injuries or have conditions.  In connection therewith, by using the platform, you hereby grant to Power of Patients and its affiliates the right to anonymize your Personal Information and to use, reproduce, perform, screen, transmit, communicate, dictate, display, distribute, transfer, lend, translate, adapt, etc. such anonymized data free of charge, non-exclusive, no regional restrictions for an unlimited period of time.   You waive any moral rights to such anonymized data.

 

Product Providers

 

We engage certain trusted third parties to perform functions and provide services to us, including hosting and maintenance, error monitoring, debugging, performance monitoring, billing, customer relationship, database storage and management, fulfillment, web analytic, direct marketing campaigns, research, email management and deployment and improvement of the features or functionality; or to assist us in analyzing how the Site is being used.   We may share your Personal Information with these third parties, but only to the extent necessary to perform these functions and provide such services. We also require these third parties to maintain the privacy and security of the Personal Information they process on our behalf.

 

Compliance with Laws and Law Enforcement

 

Power of Patients cooperates with government and law enforcement officials or private parties to enforce and comply with the law. To the extent permitted under applicable law, we may disclose any information about you to government or law enforcement officials or private parties as we believe is necessary or appropriate to investigate, respond to, and defend against claims, for legal process (including subpoenas), to protect the property and rights of Power of Patients or a third party, to protect Power of Patients against liability, for the safety of the public or any person, to prevent, restrict or stop activity that we believe, in our sole discretion, may be or may become any illegal, unethical, fraudulent, abusive, or legally actionable activity, to protect the security or integrity of the Product and any equipment used to make the Product available, or to comply with the law.

 

Business Transfers

 

Power of Patients may sell, transfer, or otherwise share some or all of its assets, including Personal Information, in connection with a merger, acquisition, reorganization, sale of assets, or similar transaction, or in the event of insolvency or bankruptcy. You will have the opportunity to opt out of any such transfer if the new entity’s planned processing of your information differs materially from that set forth in this Privacy Policy.

 

Other Third Parties and Third-Party Websites

 

We may share Personal Information with our headquarters and affiliates, and business partners to whom it is reasonably necessary or desirable for us to disclose your data for the purposes described in this Privacy Policy. We may also make certain non-Personal Information available to third parties for various purposes, including for business or marketing purposes or to assist third parties in understanding our users’ interest, habits, and usage patterns for certain programs, content, services, advertisements, promotions, and functionality available through the Product.

 

Certain content, services and advertisements offered to you through the Site are served on, or contain links to, websites hosted and operated by a company other than Power of Patients ("Third-Party Websites"). Power of Patients does not share your personal information with these Third-Party Websites without your consent, but you should be aware that any information you disclose to these Third-Party Websites once you access these Third-Party Websites is not subject to this Privacy Policy. Power of Patients does not endorse and is not responsible for the privacy practices of these Third-Party Websites. You should review the privacy policy posted on the Third-Party Website to understand how that Third Party Website collects and uses your information

 

Aggregate Site Use Information.

 

We may release aggregate User information (without revealing any Personal Information about you) to advertisers and other third parties in order to promote or describe use of the Site.


 

HOW WE PROTECT YOUR PERSONAL INFORMATION

 

Power of Patients is concerned about safeguarding the confidentiality of your Personal Information. We employ administrative and electronic measures designed to appropriately protect your Personal Information against accidental or unlawful destruction, accidental loss, unauthorized alteration, unauthorized disclosure or access, misuse, and any other unlawful form of processing of the Personal Information in our possession. Please be aware that no security measures are perfect or impenetrable. We cannot guarantee that information about you will not be accessed, viewed, disclosed, altered, or destroyed by breach of any of our administrative, physical, and electronic safeguards, subject to requirements under applicable law to ensure or warrant information security. Because of this, any information you transmit to Power of Patients, you do so at your own risk.  

 

We will make any legally-required disclosures of any breach of the security, confidentiality, or integrity of your unencrypted electronically stored Personal Information to you via email or conspicuous posting on our Site in the most expedient time possible and without unreasonable delay, consistent with (i) the legitimate needs of law enforcement or (ii) any measures necessary to determine the scope of the breach and restore the reasonable integrity of the data system, and any other disclosures that may be required under applicable law.

 

We also take measures to delete your Personal Information or keep it in a form that does not permit identifying you when this information is no longer necessary for the purposes for which we process it unless we are required by law to keep this information for a longer period. When determining the retention period, we take into account various criteria, such as the type of products and services requested by or provided to you, the nature and length of our relationship with you, possible re-enrollment with our products or services, the impact on the services we provide to you if we delete some information from or about you, mandatory retention periods provided by law and the statute of limitations.

 

YOUR RIGHTS AND CHOICES

 

If you decide at any time that you no longer wish to receive marketing communications from us, please follow the unsubscribe instructions provided in any of the communications. You may also opt out from receiving commercial email from us by sending your request to us by email at help@powerofpatients.com.   Please be aware that, even after you opt out from receiving commercial messages from us, you will continue to receive administrative messages from us regarding the Product.

 

You may choose to opt out of Power of Patient’s disclosing Personal Information about them to third parties for marketing purposes.  If you do not want us to share your Personal Information with such third parties, please send us your name, email address, street address and phone number help@powerofpatients.com. Your opt out request will be processed within 30 days of the date it was received

 

You have the right to request access and receive information about the Personal Information we maintain about you, to update and correct inaccuracies in your Personal Information, to restrict or object to the processing of your Personal Information, to have the information blocked, or deleted, as appropriate, or to exercise your right to data portability to transfer your Personal Information to another company. Those rights may be limited in some circumstances by local law requirements.  Please send us your name, email address, street address and phone number help@powerofpatients.com and we will use our reasonable efforts to provide information within 30 days of your request.

 

Where required by law, we obtain your consent for the processing of certain Personal Information collected by questionnaires, cookies, or similar technologies, or used to send you direct marketing communications, or when we carry out other processing activities for which consent may be required. If we rely on consent for the processing of your Personal Information, you have the right to withdraw it at any time and free of charge. When you do so, this will not affect the lawfulness of the processing before your consent withdrawal.

 

To update your preferences, ask us to remove your information from our mailing lists, delete your account or submit a request to exercise your rights under applicable law, please contact us at info@powerofpatients.com.

 

DATA STORAGE AND TRANSFER

 

Personal Information that we collect may be transferred to, and stored at, any of our affiliates, partners or service providers which may be inside or outside the European Economic Area (“EEA”) and Switzerland, including the United States. By submitting your personal data, you agree to such transfers. Your Personal Information may be transferred to countries that do not have the same data protection laws as the country in which you initially provided the information. When we transfer or disclose your Personal Information to other countries, we will protect that information as described in this Privacy Policy.

 

CHILDREN’S PRIVACY

The Site is not directed to persons under 13. If a parent or guardian becomes aware that his or her child has provided us with Personal Information without their consent, he or she should contact us at help@powerofpatients.com. We do not knowingly collect Personal Information from children under 13. If we become aware that a child under 13 has provided us with Personal Information, we will delete such information from our files.

 

UPDATES TO THIS PRIVACY POLICY

 

This Privacy Policy may be updated from time to time for any reason. Each version will apply to information collected while it was in place. We will notify you of any modifications to our Privacy Policy by posting the new Privacy Policy on our Site and indicating the date of the latest revision. You are advised to consult this Privacy Policy regularly for any changes.

 

In the event that the modifications materially alter your rights or obligations hereunder, we will make reasonable efforts to notify you of the change. For example, we may send a message to your email address or generate a pop-up or similar notification when you access the Product for the first time after such material changes are made. Your continued use of the Product after the revised Privacy Policy has become effective indicates that you have read, understood, and agreed to the current version of this Privacy Policy.

 

HOW TO CONTACT US

 

Power of Patients, LLC is the entity responsible for the processing of your Personal Information. If you have any questions or comments regarding this Privacy Policy, or if you would like to exercise your rights to your Personal Information, you may contact us by emailing us at info@powerofpatients.com.

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