Seer Medical LLC and Seer Medical Holdings Limited

Privacy Policy

In this Privacy Policy ("Policy"), we describe how Seer Medical LLC and Seer Medical Holdings Limited, doing business as "Seer" or "Seer Medical," and its subsidiaries and affiliates (collectively, "Seer", "Seer Medical", "Company", "we", "our", "us") collects, uses, and discloses information that we obtain about users of our wearable devices (the "Devices"), websites (the "Site"), users of our mobile device application ("Application"),cloud platform available through our Site, intermittent monitoring services of seizure-related medical conditions provided in connection with the Devices, and the services available through our Application, as described by the Terms and Conditions of Use (collectively, the "Services"). The Services provided by Seer Medical are not provided by licensed medical practitioners (each a "Provider").

By visiting the Site or using any of our Services, including the Application, you agree to the terms of the Policy and that your personal information will be handled as described in this Policy. Your use of our Site, Application or Services, and any dispute over privacy, is subject to this Policy and our Terms and Conditions of Use including its applicable limitations on damages and the resolution of disputes. The Terms of and Conditions of Use are incorporated by reference into this Policy. If you do not agree to the terms described in this Policy, do not access or use the Services.

In certain circumstances, Seer Medical is functioning as a service provider to other health care providers, such as hospitals and health systems, and is therefore acting as a "business associate" as that term is defined under the Health Insurance Portability and Accountability Act of 1996 ("HIPAA"). When functioning as a business associate, Seer Medical’s access, use and disclosure of protected health information is governed by HIPAA and our business associate agreement with our covered entity customer. Your protected health information collected, used and disclosed by your treating health care provider, including disclosures to Seer Medical, is subject to your health care provider’s Notice of Privacy Practices. If your health care provider is a covered entity under HIPAA, your provider is responsible for providing you with a Notice of Privacy Practices that describes your provider’s collection and use of your protected health information. Please note that while Seer Medical offers the Devices and cloud computing technology offering epilepsy diagnostic and monitoring services, it is not a covered entity under HIPAA at this time. Services offered by Seer Medical and information about you collected and used by Seer Medical are governed solely by this Policy, and if applicable, by any business associate relationship between Seer Medical and a provider.

In this Policy, the terms "you" and "your" means you, as the user of the Services, or the parent or legal guardian of the user of the Services, your dependents if any, any other person accessing your User Account (as defined in the Terms and Conditions of Use), and each of your heirs, assigns, and successors. The Services may, in part, be intended for the benefit of individuals under the age of eighteen (18), or equivalent minimum age in the relevant jurisdiction; however, individuals under the age of eighteen (18), or equivalent minimum age in the relevant jurisdiction, are prohibited from using all or any part of the Services or entering into these Terms, unless a parent or legal guardian provides written consent to use of the Services or these Terms.

Please read this Policy carefully to understand our practices regarding your personal information and how we will treat it. This Policy may be updated from time to time and will be made available on our Site. Your continued use of our Services is deemed to be acceptance to those updated terms so please check this Policy periodically for any updates. The last date modified above will tell you when changes were last made to the Policy.

The Information We Collect About You

We collect different types of information about you, including information that may identify you, information about you that does not individually identify you, and information that we combine with information from other sources (aggregate data). We collect information about you directly from you and from third parties, and automatically through your use of our Site, Application or Services.

Information We Collect Directly From You. The information we collect from you depends on how you use our Services. We may collect your:

email address
contact information
name
mailing and home address
billing address
shipping address
telephone number
age and date of birth
sex
credit or debit card number (for payment purposes)
personal characteristics (which may, among others, include gender, ethnicity/race, weight, height, preferences, predispositions, behavior and attitudes)
user account information and inferences drawn from such information medical history
other health information and associated diagnoses and medications
EEG-ECG data (including electrical biosignals) collected using our Devices
type of Device (including electrodes)
the country of your residence or where your monitoring study was performed
audio records and videos (when you connect with our epilepsy monitoring equipment, which we record for a Provider’s diagnostic purposes), images and photographs you share with us
information collected from other devices that you connect (e.g., a Fitbit)
information you upload onto the Site or Application, including self-reported event diary and descriptions of the same and any other information you volunteer directly or indirectly when contacting us including through or using the Site or Application.

We may also ask you for information when you report a problem with our Services. We may also collect information about you to fulfill orders for prescribed items or services. You may be required to provide financial information before using or placing an order through our Services.

Information We Collect Automatically. We automatically collect information about your use of our Devices, Site or Application through cookies, web beacons, geolocation, and other technologies. When you use our Services, we may collect and store information about your general location by converting your IP address into a rough geo-location. If you do not want us to have your location information, you agree to disable the location sharing feature on your computer or mobile device or browser. To the extent permitted by applicable law, we combine this information with other information we collect about you, including your personal information. Please see the section "Cookies and Other Tracking Mechanisms" below for more information.

Information We Collect From Your Provider. The information we collect from your Provider depends on how you or your Provider use our Services. We may collect your Provider’s name, contact information, telephone number, email address, National Provider Identifier, Medicare and/or Medicaid provider number, and any other personal information that may be required in order to facilitate your Provider’s or your use of our Site, Application or Services.

The Site and Application may automatically collect the following:

Your browser and device type, IP address and operating system
Web pages you view on the Site; links you click on the Site
The length of time you visit our Site and/or use our Services
The referring URL, or the webpage that led you to our Site

How We Use Your Information

We use your information, including your personal information, for the following purposes:

To provide the Services. To provide our Services to you; to communicate with you about your use of our Services, to respond to your inquiries, and for other customer service purposes; to provide our Site’s and Application’s functionality and content to you; to tailor the content and information that we may send or display to you, to offer location customization, and personalized help and instructions, and to otherwise personalize your experiences while using the Services; to send your Provider information and reports regarding your use of the Services; to process, fulfill, support and administer transactions and orders for products and services through the Services; to carry out our obligations and enforce our rights arising from any contracts entered into between you and us, including for billing and collections.
To improve the Services. We may use your personal information to facilitate and improve the operation of the Services, perform market research and analysis, analyze how the Services are being used and accessed, improve the functionality of the Services, the Site, and your user experience, conduct quality assurance activities, perform internal business reviews, and develop new Services or functionality. Further, we may use and analyze your personal information to improve the Services, including through the use of our artificial intelligence and machine learning models. Specifically, we may use your personal information in order to improve our artificial intelligence and machine learning models, so that we are constantly improving our algorithms and the Services we provide. Generally, the information we use for machine learning is aggregated and/or de-identified, and we take reasonable steps not to re-identify you individually unless permitted by law.
To conduct medical research and education. We may de-identify and/or aggregate your personal information by removing certain identifiable data components in order to conduct research and education with Providers, universities or other research or medical institutions. We will obtain your prior written consent if your identifiable personal information is to be used for this purpose. We use the research to generate academic research articles and presentations at academic or medical conferences.
For marketing. We may use information collected about you or your use of our Services to send you promotional materials, other marketing communications and advertisements about our Services or new services that may be of interest to you, as permitted by law. We may, or one of our vendors may, place or recognize a unique cookie on your browser and use other techniques, such as pixel tags to track your usage about our Services and related services that may be of interest to you and advertise our Services to you on other websites, as permitted by law. If you wish to opt-out of receiving such communications, you may do so at any time by either clicking "unsubscribe" at the bottom of these communications or by contacting us directly (contact details are listed at the end of this Policy). Please note that even if you choose to opt out of receiving marketing communications, we may still send you non-marketing communications relating to your account or your use of our Services.
To communicate with you. To communicate with you about your user account, in response to a request from you, to administer surveys about your experience with our Services, to carry out our obligations and enforce our rights arising from any contracts between you and us including for billing and collection, to send you news, updates and information about the Services you are receiving, including changes to the Services. You may contact us directly if you do not wish to participate in any surveys.
To meet our legal obligations. To comply with legal obligations, as part of our general business operations, and for other business administration purposes, including to respond to lawful requests for information, such as subpoenas. Where we believe necessary to investigate, prevent or take action regarding illegal activities, suspected fraud, situations involving potential threats to the safety of any person or violations of our Terms and Conditions of Use or this Privacy Policy.
Other. We may use your personal information in any other way that we describe when you provide the information or for any other purpose with your consent.

We may share your information, including personal information, as follows:

With employees of Seer Medical. We disclose the information we collect from you to certain Seer Medical employees on a need-to-know basis to train them and to allow them to perform their job duties.
With service providers. We disclose the information we collect from you to our service providers, contractors, and agents who perform functions on our behalf. These service providers may include, but are not limited to, Providers, technology service vendors such as Amazon Web Services, Microsoft, Google, payment processors, and marketing or administrative service providers, including research partners.
With Company Users. Information you post to our Site, including, without limitation, reviews, comments, and text will be available to, and searchable by, all users of the Site, Application and Services.
With Providers or Other Clinical Entities. We disclose the information we collect from you to your Provider in order to provide you with the Services.
With third parties. With your individual consent, we disclose the information we collect from you to specific third parties authorized by you.
Other. We disclose information we collect from you to other persons, including government agencies, regulatory bodies, and law enforcement agencies as required, authorized or otherwise permitted by law.

We also disclose information in the following circumstances:

Business Transfers. If (i) we or our affiliates are or may be acquired by, merged with, or invested in by another company, or (ii) if any of our assets are or may be transferred to another company, whether as part of a bankruptcy or insolvency proceeding or otherwise, we may transfer the information we have collected from you to the other company. As part of the business transfer process, we may share certain of your personal information with lenders, auditors, and third-party advisors, including attorneys and consultants.
In Response to Legal Process. We disclose your information to comply with applicable law, judicial proceeding, court order, or other legal process, such as in response to a court order or a subpoena.
To Protect Us and Others. We disclose your information when we believe it is appropriate to do so to investigate, prevent, or take action regarding illegal activities, suspected fraud, situations involving potential threats to the safety of any person, violations of our Terms and Conditions of Use or this Policy, or as evidence in litigation in which we are involved.
Aggregate and De-Identified Information. We may share aggregate or de-identified information about users with third parties for marketing, advertising, our business purposes, research or similar purposes.

We do not share, sell or otherwise disclose your personal information for purposes other than those outlined in this Policy, unless we have your consent to do so.

Our Use of Cookies and Other Tracking Mechanisms

We and our third-party service providers use cookies and other tracking mechanisms to track information about your use of our Site, Application or Services. We may combine this information with other personal information we collect from you (and our third-party service providers may do so on our behalf). Cookies. Cookies are alphanumeric identifiers that we transfer to your device’s hard drive through your web browser for record-keeping purposes. The cookies we use fall into the following categories:

Session cookies These are used to verify the identity of users after they login. These are essential for users to be able to perform authorized actions within our - Site, Application or Services. These session cookies are persistent, so will remain on your device after you close your browser or turn off your mobile or computer device.
Analytics and diagnostic cookies These are used to either understand how our users are interacting with our Site, Application and Service or to monitor and investigate issues with our Site, Application and Service. They enable us to provide better, more reliable products.
Technical cookies These are used to improve the performance and usability of our Site, Application and Service by tracking user settings or state between different components of our software systems.

Disabling Cookies. Most web browsers automatically accept cookies, but if you prefer, you can change your browser options to block them in the future on each device and each browser. The help portion of the toolbar on most browsers will tell you how to prevent your computer from accepting new cookies, how to have the browser notify you when you receive a new cookie, or how to disable cookies altogether. Visitors to our Site, Application and Services who disable cookies will be able to browse certain areas of the Site, but some features may not function (for example, disabling session cookies will prevent the ability to log into our Site, Application and Services).

Clear GIFs, pixel tags and other technologies. Clear GIFs are tiny graphics with a unique identifier, similar in function to cookies. In contrast to cookies, which are stored on your computer’s hard drive, clear GIFs are embedded invisibly on web and app pages. We may use clear GIFs (a.k.a. web beacons, web bugs or pixel tags), in connection with our Site, Application and Services to, among other things, track the activities of Site visitors and app users, help us manage content, and compile statistics about Site usage. We and our third-party service providers also use clear GIFs in HTML e-mails to our customers, to help us track e-mail response rates, identify when our e-mails are viewed, and track whether our e-mails are forwarded.

Third Party Analytics. We use third party automated devices and applications to evaluate usage of our Site. We also may use other analytic means to evaluate our Site. We use these tools to help us improve our Site’s performance and user experiences. These entities may use cookies and other tracking technologies, such as web beacons or local storage objects ("LSOs"), to perform their services.

Do-Not-Track. Currently, our systems do not recognize browser "do-not-track" requests. You may, however, disable certain tracking as discussed in this section (e.g., by disabling cookies).

Third-Party Links. Our Site, Application and Services may contain links to third-party websites. Third-party website links are provided for convenience and may not remain current or be maintained. Any access to and use of such linked websites is not governed by this Policy, but instead is governed by the privacy policies of those third-party websites. We are not responsible for the information practices of such third-party websites.

Security of My Personal Information

We may hold your personal information in either electronic or hard copy form. We have implemented reasonable precautions to protect the information we collect from loss, misuse, and unauthorized access, disclosure, alteration, and destruction. Please be aware that despite our best efforts, no data security measures can guarantee security of your data. Any transmission of personal information is at your own risk. We are not responsible for circumvention of any privacy settings or security measures contained on the Site or in your operating system.

You should take steps to protect against unauthorized access to your password, phone, and computer by, among other things, signing off after using a shared computer, choosing a robust password that nobody else knows or can easily guess, and keeping your log-in and password private. We urge you to take every precaution to protect your information when you are on the Internet, or when you communicate with us and with others through the Internet. Change your passwords often, use a combination of letters and numbers, and make sure you use a secure browser. We are not responsible for any lost, stolen, or compromised passwords or for any activity on your user account via unauthorized password activity. If you have reason to believe that your interaction with us is no longer secure, please immediately notify us in accordance with the "Contact Us" section below.

Retention of Information

We will retain personal information about you for the period necessary to fulfill the purposes outlined in this Policy unless a longer retention period is required or permitted by law.

What Choices Do I Have Regarding Use of My Personal Information?

We may send periodic informational emails to you. You may opt-out of promotional emails by following the unsubscribe instructions contained in the email or by contacting us at the details listed at the end of this Policy. Please note that it may take up to ten (10) business days for us to process unsubscribe requests. If you opt-out of receiving promotional emails, we may still send you emails about your account or any services you have requested or received from us.

As further set forth in the Terms and Conditions of Use, by providing your mobile phone number, you are agreeing to be contacted by or on behalf of Seer Medical at the mobile number you have provided, including through telephone calls and text messages, to receive information, product or service-related messages and communications. Message and data rates may apply. To stop receiving text messages, reply to us with the word "STOP". We may confirm your opt out by text message. Please be aware that by withdrawing your consent, some Services may no longer be available to you. If you stop receiving text messages from us, you may not receive important and helpful information and reminders about your services.

Your Rights Regarding Your Information and Accessing and Correcting Your Information

You may contact us to access or change your personal information that we have about you. You may also be able to review and change your personal information by logging into the Site through your user account. You can contact us to access or find out what information we have about you and to ensure that the information we have about you is correct, complete and current. We may not be able to accommodate your request, for example, if we believe that it would violate any law or legal requirement or cause the information to be incorrect. If we are not able to accommodate your request, we will provide the reason why your information cannot be provided. Contact us at privacy@seermedical.com to request the deletion of the personal information we hold about you.

Children Under Eighteen (18)

If you are considered a minor under the privacy laws in the United States, your parent or guardian must provide consent prior to your use of the Site or Services. Our Services are not intended for children to use in their individual capacity without a parent/guardian. If we discover that an individual under the age of eighteen (18) has provided us with personal information that is not linked to the parent/guardian’s account, then we will delete such information from our systems. Please contact us using the details listed at the end of this Policy if you are a parent or legal guardian of an individual under the age of 18 who you believe has used the Services without your consent. The above sections of this Policy contain details about the information we collect, which extend to information we collect about children. The information we collect, use and disclose will be used for the purposes described above. We may share information with our service providers if necessary for them to perform business, professional, or technology services for us, all in accordance with this Policy.

International Transfers

Your information may be stored on controlled servers with limited access and may be stored and processed in the United States or another country where our service providers or backup service providers are located. If you are located outside of the United States and choose to provide your personal information to us, please note that we may transfer your personal information to the United States or another country where our service providers are located, and such countries may not provide the same level of data protection. Those who choose to access and use the Services from outside of the United States do so on their own initiative and at their own risk.

Contact us

If you have questions about the privacy aspects of our Services, please contact us by email at privacy@seermedical.com. You may also contact us at the following address: Seer Medical LLC 14 4th St SW Suite 201 Rochester, Minnesota 55902

Changes to this Policy

We may change this Policy from time to time, so please be sure to check back periodically. We will post any changes to this Policy on our Site. If we make any changes to this Policy that materially affect our practices with regard to the personal information we have previously collected from you, we will endeavor to provide you with notice in advance of such change by highlighting the change on our Site.

This version was last updated on 27th June, 2023