Privacy Policy

Last Updated: March 1st, 2019

Welcome to Spect Inc., (“Spect”, “We”, “Us”, “Our”), a medical device and software company that enables medical professionals to assess ophthalmologic and retinal health in patients through the use of Our patented hardware and software (“Services”), provided by website located at www.getspect.com (“Site”), Our mobile ophthalmoscope hardware (“MOH” or “Hardware”), and Our EyeLogic software platform (“Software” or “Platform”, or “Application”) (collectively referred to as “Spect Services”).

We take Our users’ data privacy very seriously so please read this document carefully because this Privacy Policy (“Policy”), along with respective Our Terms of Use, incorporated by reference, describe the legally binding agreement between You (referred to hereinafter as, “You,” or “User,” or “Your”) and Us.

This Privacy Policy has been developed by Spect to describe Our intended use of any of Your protected health information (PHI), electronic personal health information (ePHI), Personal Information, Patient Information, Medical Clinic Data, user information, log-in credentials, navigational, financial and/or sensitive information (“Data”) acquired, stored and/or maintained through Your use of Our Services. This Policy governs Our data collection, processing and usage practices. It also describes Your choices and rights regarding use, access and correction of Your personal information. If You do not agree with the data practices described in this Privacy Policy, You shall not use the Services.

You acknowledge and agree that Your access and use of the Services, and acceptance of the Privacy Policy herein, are subject to Our Terms of Use incorporated herein by reference. If You are using the Spect Service on behalf of an individual or authorized legal entity other than yourself, You represent that You are authorized by such individual or entity to act on such individual or entity’s behalf, and that such individual or entity acknowledges the practices and policies outlined in this Policy.

By accessing the Services, You agree to comply with this Policy, and that Your visit and use of the Services, and any dispute directly arising out of Your use or misuse, shall be governed by this Policy. We may modify the terms of this Policy (including Our Terms of Use) at any time in Our sole discretion, by posting amended terms to this Policy to the Site, Application, or by sending You an e-mail to the email address You provided to Us upon signing up. Your continued use of the Services thereafter shall constitute immediate acceptance of all revised, modified and/or amended terms to this Policy. However, You should review the most up-to-date version of the Policy from time-to-time on the Site or Application. We will notify You of any material changes, amendments or modifications to the Policy through the Site or Application, or through other direct communication. In the event You choose not to agree and accept the new, modified or amended Policy, You shall cease use of any of the Spect Services.

Nothing in this Policy shall be deemed to confer any third-party rights or benefits. Additional terms may apply to certain services and products, and those additional terms shall become part of Your agreement with Us if You use those services and/or products. Our partners, affiliates, vendors, manufacturers, distributors, licensors and/or third party services may have additional privacy policy terms, restrictions, limitations and data collection and protection practices that You should review separately and independently from this Policy.

For the purposes of this Agreement, any terms not specifically defined in this Agreement shall have the meaning and definition given to them under the Health Insurance Portability and Accountability Act (HIPAA). Should You not understand Your obligations under HIPAA, if any, or Business, You are not authorized to use the Spect Services. If you do not agree with the terms of this Agreement, You shall not access and/or use the Services, nor interact with Our Website or any related Services.

If You have any questions about this Privacy Policy or Our treatment of the information You provide Us, please email Us at: ops@getspect.com.

Protected Health Information, HIPAA & Business Associate

We require that all healthcare providers, medical clinics, physicians, hospitals, medical staff and their personnel, employees, agents, vendors, and affiliates who use the Spect Services comply with this Policy, and all federal, state, or local government law, statute, rule, code, regulation, permit, ordinance, authorization, order, judgment or similar governmental requirement, including without limitation the Health Insurance Portability and Accountability Act of 1996 (HIPAA) and the California Confidentiality of Medical Information Act, Civil Code §56, et seq.

We are not a “covered entity” pursuant to HIPAA. However, pursuant to 45 CFR 160.103, We may be a “business associate” to Our Medical Clinics (defined below), who may be a “covered entity” and who may possess Individually Identifiable Health Information that is protected under HIPAA, the Privacy Rule, the Security Rule, and the HITECH Standards.

Protected health information (PHI) does not include information that has been de-identified in accordance with HIPAA ("De-Identified Health Information"), and does not include information that You submit to Us for purposes other than connecting You with the Medical Clinics.

As a Business Associate to Our Medical Clinics, We will appropriately safeguard the protected health information We receive and/or create on behalf of the covered entity and/or Medical Clinics. We will use the Data and information collected by the Medical Clinics only for the purposes of providing the Spect Services to the Medical Clinics and its Patients (defined below). We will safeguard the Data information from misuse, and will help the Medical Clinics comply with some of the their duties as a covered entity under the Privacy Rule. Medical Clinics that qualify as a covered entity, may disclose protected health information to Us in Our role as a Business Associate only to help the Medical Clinic carry out its health care functions, not for Our independent use or purposes, except as needed for the proper operations, management, research, development and administration of Spect Services.

Under HIPAA, a "covered entity" is required to provide its patients a Notice of Privacy Practices that describes how the covered entity uses and discloses PHI. As a result, the Medical Clinics shall provide Patients who use Spect Services a HIPAA Notice of Privacy Practices that describes how the Medical Clinics may use or disclose Patients’ PHI (the "Medical Clinic’s Notice of Privacy Practices").

HIPAA also requires a covered entity to obtain a patient authorization that satisfies certain requirements in order for the covered entity or its business associates to use or disclose PHI in certain ways. In order to ensure that the Medical Clinics and Spect are able to effectively provide their respective services to both the Medical Clinics and Patients, and that You are able to utilize the full functionality of the Service, the Medical Clinics and/or Spect may need to use or disclose Patient PHI in ways that would require the Medical Clinic to obtain an authorization under HIPAA. As a result, the Medical Clinic has obtained or will obtain from Patient a patient authorization (a “Patient Authorization”) that authorizes the Medical Clinics and Spect to use and disclose Patient PHI in certain ways that may not be described in this Privacy Policy or the Medical Clinic Notice of Privacy Practices.

To the extent that Spect is in fact a “business associate” of the Medical Clinics, Our use and disclosure of Patient PHI will comply with HIPAA and any Patient Authorization. Any information that does not constitute PHI may be used or disclosed in any manner permitted under this Privacy Policy or by law.

You hereby agree, that if We are a Business Associate of Our Medical Clinics, We shall have the right to access, collect, acquire, analyze, retain, and use the Data that We are provided through the Medical Clinic’s use of the Spect Services, solely for business purposes, including, without limitation, referrals, patient timelines, patient notifications, future prescription recommendations, and research and development for further features, services, and/or products. We will never sell Your Data to third parties, vendors, and/or partners without Your prior written consent.

Types of Users

There are two types of users that may register, use and have access to certain applicable services of the Spect Services;

  1. Medical Clinics: Medical Clinics shall be defined as any “covered entity” pursuant to HIPAA, including, without limitation, medically licensed facilities, health care providers, physicians, hospitals, and medical clinics that has executed a Business Associate Agreement (“BAA”) with Spect. (“Medical Clinics”). Medical Clinics shall have access to both the Hardware and the Software of Spect Services upon terms outlined in the End User License Agreement (EULA) located at www.getspect.com/eula.
  2. Patients: Patients shall be defined as any individual or person over the age of eighteen (18) or accompanied by a legal guardian, seeking professional and licensed medical services from a Medical Clinic,. Patients shall only have access to use the Platform in order to provide Spect with their basic personal information, agree to the Terms of Use and this Policy, and access their medical records and Data collected and maintained by Spect.

Use by Minors

Spect Services is intended for use by individuals who are at least 18 years of age or such older age as may be required by applicable state laws in the jurisdiction in which an individual utilizes the Spect Service. However, if You are a parent or legal guardian of a minor child, you may, in compliance with the Terms of Use, consent to use of Spect Services by such minor child provided that such minor child is at least thirteen (13) years old, or, if such minor child is under the age of thirteen (13), You may, in compliance with the Terms of Use, use Spect Services on behalf of such minor child. Any information You provide Us on behalf of Your minor child will be treated in accordance with this Privacy Policy. We do not knowingly collect information from individuals under the age of thirteen (13). If We learn that We have received any information from an individual under the age of thirteen (13) instead of from such individual’s parent or legal guardian, We will only use that information to respond directly to that minor (or a parent or legal guardian) to inform him or her that he or she cannot use Spect Services directly and must have a parent or legal guardian use the Spect Services on his or her behalf, and subsequently We will delete such information and Data from Our own servers.

Information We May Collect: Medical Clinic

If You are a Medical Clinic, We may collect information through Your access and/or use of the Spect Services. The information We collect from You will only be used for furthering and bettering Our business analytics, methods, processes, customer services, product design and functionality, new features, new products, research and development and the like. We do not store personally identifiable information, PHI, or ePHI for purposes other than operating the Spect Services and complying with legal regulations and the law. Some of the information We may collect includes, without limitation:

  1. Patient information that You have legally provided to Us, such as Patient sensitive and personal information, PHI, ePHI, data which makes a person personally identifiable, including without limitation, their name, address, social security number, date of birth, signature, medical information, insurance information, medical records and medical history, retinal screening videos and images taken by using the Spect Services, medical history, medication list and information, prescription list and information, pharmacy information, billing information, credit card information, marital status, and laboratory, x-ray, and imaging diagnoses (“Patient Information”);
  2. Your first and last name, company name, medical licensure information, providers and staff names’, NPI, DEA numbers, efax number, fax numbers, medical insurance information, medical director information and name(s), phone number, location, address, email address, login credentials, passwords, educational information, professional information, images and photos (“Medical Clinic Data”);
  3. Information about Your computer and Your visits to this Site such as Your geographical location, browser type, referral source, length of visit and pages viewed (“Navigational Information”). We use Navigational Information to operate and improve the Spect Services;
  4. Credit card and billing information (“Payment Information”) processed through a third party payment gateway;
  5. Visitor data directly or through third party services such as Google Analytics, in order to better understand visitor behavior, demographics, locations, page views, time spent on the Site, and other metrics and analytics used to provide and improve the Spect Services.
  6. Log Files when You use Our Services may automatically be collected about Your computer hardware and software. This information can include Your IP address, browser type, domain names, internet service provider (ISP), the files viewed on our site (e.g., HTML pages, graphics, etc.), operating system, clickstream data, access times and referring website addresses (“Log Files”). This information is used by Us for the operation of the Spect Services, to maintain quality of Spect Services, and to provide general statistics regarding use of Spect Services. For these purposes, We do link this automatically-collected data to Medical Clinic Data such as name, email address, address, and phone number.

Information We May Collect: Patients

If You are a Patient, We may collect information through Your access and/or use of the Spect Services. We will also collect Your Patient Information from the Medical Clinic You are a patient to in order to provide the Spect Services to You and the Medical Clinic. The information We collect from You will only be used to provide You with the Spect Services, for furthering and bettering Our business analytics, methods, processes, customer services, product design and functionality, new features, new products, research and development and the like. We do not store personally identifiable information, PHI, or ePHI for purposes other than operating the Spect Services and complying with legal regulations and the law. Some of the information We may collect includes, without limitation:

  1. Patient information, that You have legally provided to Us and/or the Medical Clinic You are a patient to, such as Patient sensitive and personal information, PHI, ePHI, data which makes You personally identifiable, including without limitation, Your name, social security number, date of birth, signature, medical information, insurance information, medical records, retinal screening videos and images taken by using the Spect Services, diagnoses, treatment plans, notes, lab results, medical history, medication list and information, prescription list and information, pharmacy information, billing information, credit card information, marital status, and laboratory, x-ray, and imaging diagnoses (“Patient Information”);
  2. Personal information that You have provided to Us in order to use the Spect Services or when You contact or communicate with Us, including, without limitation, Your email, log-in information, phone number, name, address, fax number, and preference for notifications (“Personal Information”);
  3. If You are using the Spect Application on Your own computer, mobile device or other device, We may collect the following information from Your use of the Spect Services:
  4. Information about Your computer and Your visits to this Site such as Your geographical location, browser type, referral source, length of visit and pages viewed (“Navigational Information”). We use Navigational Information to operate and improve the Spect Services;
  5. Credit card and billing information (“Payment Information”) processed through a third party payment gateway;
  6. Visitor data directly or through third party services such as Google Analytics, in order to better understand visitor behavior, demographics, locations, page views, time spent on the Site, and other metrics and analytics used to provide and improve the Spect Services.
  7. Log Files when You use Our Services may automatically be collected about Your computer hardware and software. This information can include Your IP address, browser type, domain names, internet service provider (ISP), the files viewed on our site (e.g., HTML pages, graphics, etc.), operating system, clickstream data, access times and referring website addresses (“Log Files”). This information is used by Us for the operation of the Spect Services, to maintain quality of Spect Services, and to provide general statistics regarding use of Spect Services.

When we collect data

We may collect Data submitted by You when You:

How we collect data

Spect collects Data through various methods including, without limitation:

How we protect your data

Spect takes Your privacy seriously, and We maintain strict HTTPS / SSL-enabled use of the Site, which ensures Data is encrypted. Furthermore, We keep up to date with the latest and legally required protocols and best practices with respect to HIPAA compliance. As We understand the protection of PHI is critical, and that only those whom are authorized should be able to access and use such information, Our systems are built to facilitate and maintain this protection.

Regarding the collection, storage, processing, and securing practices and measures to protect against unauthorized access to Data, Spect implements commercially reasonable technical and organizational measures to protect Data against unauthorized access, alteration, disclosure, or destruction of Data stored on Our Site, Application or Hardware.

We store Personal Data in secure environments such as Amazon Web Services (AWS). You may access their privacy policy by going to: www.getspect.com/privacy. We cannot and do not guarantee that information supplied to Us will not be intercepted while being transmitted over the Internet. We provide training to Our staff on data protection best practices and require them to enter into a confidentiality agreement. We make use of all reasonable efforts and requirements mandated under HIPAA regulations and its associated Privacy Rule and Security Rule to ensure Data is properly collected, stored, used, disposed of, and secured.

In the event of a breach

In the event that any Data is compromised as a result of a breach of security, We will promptly notify those persons/Users whose Data has been compromised, in accordance with the notification procedures set forth in this Privacy Policy, or as otherwise required by applicable law. We shall also:

We do not accept liability for unintentional disclosure. In addition, persons with access to Your computer, phone, or other mobile or other devices may be able to access the Spect Service and information about You contained in the Service. It is Your responsibility to keep Your computer, phone, and devices safe and secure. We are not liable for any unauthorized use of Your Account or Data that is not directly caused by Us.

How we use your data collected

We may use Data that We collect to:

We never sell Your Data, unless We have Your written consent.

When You create a User Account or click through to agree to the Terms of Use and this Policy, We will also send You a copy of the Terms of Use and Policy so that You may read them at any time in the future, and so that You may opt-out of any previous acceptance of the Terms of Use and this Policy. You will also be required to double-opt in to Our notifications, emails, promotions advertisements, and communications. With Your consent, We may also contact You by, for example, email, telephone, mail, or other provided contact details, to provide other information about Spect opportunities that may be of interest to You. You have the right to opt-out of receiving any such communications, unless it is material to Your Data, use or misuse of the Spect Services, by clicking the “unsubscribe” button at the bottom of all Spect emails. You shall, after agreeing to the Terms and this Policy, and at any time in the future, have the right to delete, deactivate and stop using Your Account upon written notice to Us. Where it does not provide such an opt-out or unsubscribe option, You can send the request to Us by using the following email address: ops@getspect.com. If you give Us credit card and/or billing information, We use it solely to collect payment from You as necessary for the use of Spect Services. We use a third-party service provider to manage credit card processing. This service provider is not permitted to store, retain, or use information You provide except for the sole purpose of credit card processing on Our behalf.

THIRD PARTIES AND AFFILIATES

This Privacy Policy only applies to the collection of Data by Spect, and the use of that Data by Us. It does not cover third party websites, contact information, or referrals to which We may provide information to, nor does it cover advertisers, promoters, affiliates, and vendors. These third party websites may have their own privacy policies and/or terms and conditions of use, which You should also read and consent to as part of Your use of the Website and its Services. The Site may include links to websites operated by other companies, which may or may not be co-branded. We are not responsible for the privacy practices of websites or other services operated by third parties that are linked to, suggested by or integrated with Spect Services or for the privacy practices of any third party. Once You leave the Spect Services via such a link, access a third party application, or click on a third party offer, You should check the applicable privacy policy of the third party or advertiser website to determine, among other things, how they will handle any personal information they collect from You. Our provision of such links does not constitute Our endorsement of these other websites, clinics, physicians, covered entities, their content, their owners, or their practices. All third parties and affiliates used by Spect Services are obligated to comply with Our Terms of Use and Privacy Policy.

We encourage You to review the Notice of Privacy Practices and the privacy policies of each website and application You visit and use.

Despite taking industry standard and commercially reasonable methods to safeguard the Data collected through Spect Services, there is no guarantee that such information will remain protected, unhacked, or otherwise compromised due to reasons beyond Our reasonable control.

Retention of personal data collected

Spect shall store and retain Data collected until the User cancels its account with Us, or We believe the User Account is in breach of this Agreement or inactive, or the User Account has been suspended by Us. Upon cancellation and/or deletion, Data and personally sensitive information is immediately deleted to comply with HIPAA, unless it is required to be retained by law. Upon cancellation and/or deletion of a User Account, We will retain Navigational Information for analytics purposes for a period of eighteen (18) months from the date of account cancellation.

If You have elected to receive marketing communications from Us, We retain information about Your marketing preferences for a reasonable period of time from the date You last expressed interest in Our content, Products, or Services, such as when You last opened an email from Us or ceased using Your User Account. We retain information derived from cookies and other tracking technologies for a reasonable period of time from the date such information was created.

Communication

We will communicate with You through the information You have provided to Us, including, email, phone, fax, text messages and in-application/web portal notifications, if applicable. Should You want to unsubscribe or opt-out of any communication with Spect, You may do so by clicking the unsubscribe button at the bottom of all emails, or by sending Us an email at: ops@getspect.com.

Information we share

We may pass Your Personal Data to third party providers (which may include Google Analytics and Amazon Web Services) of content available on the Site or Platform to enable those providers to:

Generate general statistical information about the Spect Services user base, sales patterns, traffic volumes and related matters to reputable third parties, but these details will not include information personally identifying You

We may share information with police, regulatory bodies or legal advisers in connection with any suspected, alleged or actual criminal offence or breach of the Terms of Use and/or this Policy, and/or the breach of other terms and conditions otherwise relating to You, or otherwise where required by law or pursuant to a court or similar order and We will cooperate with any law enforcement authorities or court order requesting or directing Us to disclose the identity of or locate anyone breaching this Policy or otherwise for the prevention or detection of crime or the apprehension or prosecution of offenders;

We reserve the right to disclose parts or all of the information that We collect online about You to service providers and contractors who assist Us in Our business purpose either through partnerships, affiliations, contractors and/or licenses. Some service providers, distributors and contractors used on Our Site include, without limitation, processing payment services, maintenance of the Site, and providing business services to Us or to You. In all cases where We share Your information with such partners, affiliates, and service providers, We explicitly require them to acknowledge and adhere to Our Privacy Policy, HIPAA, the Privacy Rule, and customer data handling policies. Such third parties are prohibited from using Your Data except for these stated purposes, and they are required to maintain the confidentiality of Your Data.

We may disclose part or all information collected through the Services, if (1) required by law; (2) if We believe that disclosure is necessary to comply with the law; (3) to enforce Our intellectual property rights; (4) to protect the rights, property or safety of Us and Our employees or agents; and (5) if necessary to defend against third-party claims. We may also disclose information collected on the Site when requested to comply with a court order, investigation, subpoena or governmental request. We will notify You of such use, either by a notification on the Site or by email to Our Users.

We may disclose some of Your Data to Our third-party service providers that provide services such as the hosting of the Service, data analysis, IT services and infrastructure, customer service, e-mail delivery, auditing, payment processing, and other similar services.

We may disclose some of Your Data to schedule and fulfill appointments and provide healthcare services on behalf of the Patient and/or Medical Clinic;

We may disclose some of Your Data to the Medical Clinic or its affiliates for Patient referrals, treatment, payment or healthcare operations purposes;

If We go through a business transfer, such as consolidation, merger, restructuring, acquisition, or sale of part or all of Our assets, You acknowledge and consent to the transfer of Your Data. You further acknowledge and consent to the continued use of Your information by the recipient, so long as they comply with this Privacy Policy. In this event, You will be notified via email and/or a prominent notice on Our Site, of any change in ownership, uses of Your Data, and choices You may have regarding Your Data.

We may pass on Your Personal Data to third parties not referred to in this Privacy Policy. However, We will only do so with Your explicit consent and We reserve the right to contact You from time to time to inform You of, and acquire the necessary consents in order to enable, such information transfer. We recommend for You to review the terms of service and privacy policies of the respective third parties to understand how they may use Data shared with them.

We will not sell Your Personal Data to any third party without Your express written permission. We will not directly share Your Data with any third party who is not affiliated with Us, except as described in this Privacy Policy. We don’t like spam any more than You do, and We will not share Your personal information to be used for the purpose of sending You unsolicited commercial offers or promotions. Please bear in mind that whenever You voluntarily make Your personal information available for viewing by third parties online - for example through email, that information can be seen, collected and used by others besides Us. We are not responsible for any unauthorized third-party use of such information.

If and when We share Your Data with third parties, contractors, service providers as affiliated with Us, We only provide information necessary and required to perform their service(s), and We require that they protect Your information and not use it for any other purpose.

Use of cookies

We may store cookies (e.g., locally stored objects) in Your computer’s hard drive when You use the Spect Service. These devices are used to help us speed up Your future activities or to improve Your experience by remembering the information that You have already provided to Us. Some of Our third party affiliates and/or service providers may also use cookies to provide Us with anonymous data and information regarding Your use of the Spect Service. At Your option, You may block or delete devices from Your hard drive. However, by disabling such tracking devices, You may not have access all features of the Spect Service. For more about cookies, including links to web browser instructions for disabling and managing such tracking devices, visit http://www.usa.gov/optout-instructions.shtml.

Jurisdictional Issues

The Service may only be used as set forth in the Terms of Use. This Privacy Policy, and Our collection, use, and disclosure of Your Data, is governed by U.S. and California law.

Your data protection rights

When using the Spect Service, You may choose not to provide Us with certain information, but this may limit the features You are able to use or may prevent You from using the Spect Service all together.

  1. Upon written request, We may provide You with information as to whether and what Data We store in relation to You. Should Your Data be incorrect, You may have it corrected. You may also revoke Your consent to use Your Data in the future, in whole or in parts, or request deletion of Data by contacting ops@getspect.com. If We have collected and processed Your Data with Your consent, then You can withdraw Your consent at any time. Withdrawing Your consent will not affect the lawfulness of any processing We conducted prior to Your withdrawal, nor will it affect processing of Your Data conducted in reliance on lawful processing grounds other than consent.
  2. If You share information with Us, You will have the opportunity and right to review, update, change or delete the information You have provided to Us (and that We continue to store) at any time. If and when You ask Us to delete or modify Your Personal Data, We reserve the right to retain a record of certain personal information and to record changes, in order to comply with applicable federal, state or local law(s). If You remove information that You have made public on the Sites, copies may remain viewable in cached and archived pages of the Site.
  3. You have the following data protection rights:
    - You can request access, correction, updates or deletion of Your Data;
    - You can object to processing of Your Data, ask Us to restrict processing of Your Data or request portability of Your Data;
    - You have the right to complain to a data protection authority about Our collection and use of Your Data.
  4. To exercise any of these rights, send Us an email at the address below. We will respond to Your request to change, correct, or delete Your information within a reasonable timeframe and notify You of the action We have taken.
  5. Residents of the State of California have the right to request from certain businesses with whom the California resident has an established business relationship a list of all third parties to which the business, during the immediately preceding calendar year, has disclosed certain personally identifiable information for direct marketing purposes. We are only required to respond to a customer request once during any calendar year. To obtain this information, You should send a written request to our address below with the subject heading “California Privacy Rights.” In Your request, please attest to the fact that You are a California resident and provide a current California address for Our response. Please be aware that not all information sharing is covered by the California Privacy Rights requirements and only information on covered sharing will be included in Our response.

Contacting us

If you have any questions about this Privacy Policy, please contact Us by email at ops@getspect.com or by regular mail at: 455B Portage Ave, Palo Alto, CA 94306

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