1. Purpose of this Policy
Awarables provides you (the “User”) with access to the online and mobile services associated with the Awarables SleepBetter™ platform, including but not limited to our website (currently located at www.awarables.com) and all associated subdomains (the “Website”), and the Awarables mobile application (the “App”), collectively the “System”.
We may collect and process information provided by you through filling in forms on the System, including information provided during completion of surveys, sleep diaries and other online tools, posting of comments in the Community or requesting further services, information provided when purchasing a product or paying for access to restricted content, entering a competition or promotion and when you report a problem with our System. If you contact us, we may also keep a record of that correspondence.
Throughout your use of the System we may collect and process information, such as: personal information (name, date of birth, email address, etc.), pre-existing medical conditions, lifestyle, environment, medication, other health profile information and details of your visits to the System and the resources that you access (including, but not limited to, traffic data, location data, weblogs and other communication data), whether this is required for our own billing purposes or otherwise.
We are required by law to maintain the privacy of the information described in this Policy and to provide you with this notice of our legal duties and privacy practices with respect to it. When we use or disclose this information, we comply with law (including Health Insurance Portability and Accountability Act (“HIPAA”), if applicable) and the terms of this Policy (or other Policy in effect at the time of the use or disclosure). For simplicity and the good of our users, we aim to treat all identifiable health information with the same protections, whether HIPAA is applicable or not, and have used the HIPAA requirements as a guide in developing our data privacy and security protections. We use the blanket term ‘Identifiable Health Information’ in this Policy to refer to all identifiable health data (inclusive of Patient Health Information PHI).
Data that has been aggregated or stripped of identifiers outlined in HIPAA will no longer constitute Identifiable Health Information for the purposes of this Policy and we will be free to use it, alone or in combination with other information, without restriction in connection with providing services or otherwise.
IP addresses and cookies
We may collect information about your device, including where available your IP address, operating system, browser type and screen size. We may use this, among other things, to provide you with customer support, for system administration, to tailor your experience of the System, to report aggregate information internally, and for research, or as described in ‘How we use your information’.
For the same reason, we may obtain information about your general internet usage by using a cookie file which is stored on the hard drive of your device. Cookies help us to give you a smooth user experience, improve the System and deliver a better and more personalized service. They enable us:
• To recognize you when you return to our system;
• To maintain data you have entered e.g. during completion of a survey;
• To speed up your searches;
• To estimate our audience size and usage pattern; and
• To store information about your preferences, and so allow us to customize the System according to your individual interests.
Both Awarables and third-party vendors, including Google and Apple, may use first-party cookies (such as the Google Analytics cookie) and third-party cookies (such as the DoubleClick cookie) together to inform, optimize, and serve ads based on your past visits to the System on sites across the Internet (also known as 'remarketing'). If you would like to opt out of this you can do so via your Google Ads Preferences Manager.
2. How we use your information
Awarables understands that your Identifiable Health Information is private and personal, and is dedicated to maintaining its confidentiality and integrity. As such, we will never sell or rent it and have policies and procedures and other safeguards to help protect it from improper use and disclosure.
“We follow a policy that minimizes any required disclosure of your identifiable health information”. The following categories describe the ways in which we use your Identifiable Health Information and the rare instances that require us to disclose it to persons and entities outside of Awarables. We have not listed every use or disclosure within the categories below, but all permitted uses and disclosures will fall within one of the following categories. In addition, there are some uses and disclosures that may require your specific authorization.
How much Identifiable Health Information is used or disclosed without your written permission will vary depending, for example, on the intended purpose of the use or disclosure, and appropriate laws. For example:
• Disclosure at your request: We may disclose information relating to your use of the System when requested by you. This disclosure at your request may require written authorization by you.
• Payment: We do not store credit card details or customer details with any 3rd parties except trusted suppliers who help us deliver the services associated with the System and we are committed to ensuring that all suppliers meet our security and data protection standards. As such, we may use and disclose your Identifiable Health Information to obtain payment for services that we provide to you.
• Services and Operations: We may use and disclose your Identifiable Health Information in connection with providing services, for our internal operations, which include administration, eligibility, planning, analytics and various activities that assess and improve the quality and cost effectiveness of the service that we deliver to you. Examples are using information about you to improve quality of the service, satisfaction surveys, de-identifying health information, customer services and internal training.
• Emails: We may receive a confirmation when you open an email from us, or click on a link in an email, if your computer supports this type of program. We use this confirmation to help us make emails more interesting and helpful. When you receive an email from us, you can opt out of receiving further emails by following the included instructions to unsubscribe. However, by opting out of further email communications after you sign up, you may limit program reminders and other valuable program content and components.
• Reminders and notifications: We may use and disclose your Identifiable Health Information to contact you as a reminder to interact with, or complete tasks relating to your use of the System.
• Third party service providers: There are some services provided in our organization through third party services providers. Examples of third party services providers include accounting services, server hosting and email delivery providers, business associates, vendors and other business partners and reputable companies in the industry who subcontract to us as our corporate customers, where permitted by law. We may disclose your Identifiable Health Information to our third party services providers so that they can perform the job that is required of them. To protect your Identifiable Health Information, we require appropriate contracts or written agreements be in place that safeguard your Identifiable Health Information
• Third party medical professionals: With your permission, we may share your Identifiable Health Information with third party medical professionals nominated by you. You can revoke your permission at any time via your account page.
• Public access to Community posts: Most of the Awarables Community isn’t publicly accessible and is only visible to other logged-in members. However, there is a subset of ‘General Chat’ discussions which may appear in public searches. The profile messages appearing on the Community homepage at any one time may also be visible to non-members. While we’ve taken care to anonymize your username in such cases (as “Awarables member”), we’re not able to change the content of your comment or message. For this reason we recommend that you exclude identifying information if you would like to remain anonymous while using the Community. You may also want to choose a username that is unique to your Awarables account and which wouldn’t likely identify you in any other context.
• Threat to health or safety: We may use and disclose your Identifiable Health Information when necessary to prevent a serious threat to your health and safety or the health and safety of the public or another person. Any disclosure, however, would only be to someone able to help prevent the threat.
• As required by law: Certain laws permit or require certain uses and disclosures of Identifiable Health Information for example, for public health activities, health oversight activities and law enforcement. In these instances, Awarables will only use or disclose your Identifiable Health Information to the extent the law requires.
• Personal representatives or persons involved with your care: We must use and disclose your Identifiable Health Information to anyone who has the legal right to act for you (your personal representative) in order to administer your rights. We may also use or disclose your Identifiable Health Information to a person involved in your care or who helps pay for your care, such as a family member, when you are incapacitated or in an emergency, or when you agree or fail to object when given the opportunity. If you are unavailable or unable to object, we will use our best judgment to decide if the disclosure is in your best interests. Special rules apply regarding when we may disclose health information to family members and others involved in a deceased individual's care. We may disclose health information to any persons involved, prior to the death, in the care or payment for care of a deceased individual, unless we are aware that doing so would be inconsistent with a preference previously expressed by the deceased.
• For research and publicity purposes: We may use Identifiable Health Information for internal and external research and publicity purposes. This may include publishing aggregate information about our users (for example, that 1 in 3 women aged 30-40 struggle with chronic insomnia in the US) in the context of providing public health information and conducting academic research. In certain instances, we may only provide such information with special waivers and permissions from you.
• Transfer of business assets: In the event that we sell or buy any business or assets, in which case we may disclose your personal data to the prospective seller or buyer of such business or assets. If Awarables or substantially all of its assets are acquired by a third party, personal data held by it about its customers will be one of the transferred assets.
3. Where we store your personal data
Information you provide to us is stored in encrypted form on secure servers located in the US, which are owned and operated by industry leading providers of such data storage services. All passwords are stored in encrypted form and all sensitive traffic is transmitted securely via SSL by default.
Your data may be transferred to or stored at or both other destinations inside Awarables by or to staff who work for Awarables or one of our suppliers. Such staff may be engaged in, among other things the provision of support services. By submitting your personal data, you agree to this transfer, storing or processing.
Unfortunately, despite these measures, the transmission of information via the internet (especially by email) is never completely secure. Although we will do our best to protect your personal data, we cannot guarantee the security of any of your data transmitted to the System, or transmitted from the System to you, and any transmission is at your own risk. Once we have received your information, we will use strict procedures to try to prevent unauthorized access in accordance with our Company data protection policy and code of practice, and appropriate laws.
4. Your rights regarding your Identifiable Health Information
You have certain rights with respect to your Identifiable Health Information.
• Restrictions: You have the right to request in writing that we do not disclose certain information about you. We do not have to agree to any restriction that you request. To request a restriction, please contact the Privacy and Security Officer whose contact information is below.
• Confidential Communications: You have the right to request in writing that we restrict the way in which we communicate information regarding your health and health care services, such as ceasing to send email or SMS messages to notify or remind you about aspects of the System or your progress through the Awarables SleepBetter™ program. We will make reasonable efforts to accommodate your request, or to provide alternative means of communication where possible.
• Access: You have the right to inspect and copy most of your Identifiable Health Information maintained by us. Normally, we will provide you with access within 30 days of your request. We may charge a reasonable fee for doing this.
• Amendment: You have the right to request that we amend your written Identifiable Health Information. For instance, you can request that we correct an incorrect date of birth in your records. We will generally amend your information within 60 days of your request, and will notify you when we have amended your information. We can deny your request in certain circumstances, such as when we believe that your information is accurate and complete. We cannot take responsibility for actions based on information incorrectly provided by you, such as emails sent to incorrect addresses.
• Accounting: You have the right to request an accounting from us of certain disclosures made by us. We will generally provide you with your accounting within 60 days of your request. In addition, we will notify you as required by law if there has been a breach of the security of your Identifiable Health Information.
6. Amending this Policy
Questions relating to revisions to this Policy may be addressed to the Privacy and Security Officer whose contact information is below. This Policy will be promptly revised if there is a material change to a policy described herein.
Concerns or Complaints
If you believe that any of your rights with respect to your or others’ Identifiable Health Information have been violated by us, our employees or agents, please communicate with the Awarables Privacy and Security Officer at:
Privacy and Security Officer firstname.lastname@example.org
If we are subject to HIPAA, you may also contact the Secretary of the U.S. Department of Health and Human Services. Under no circumstances will we take any retaliation against you for filing a complaint.
Effective Date: This Policy is effective as of November 1st, 2016.