Last Modified: November 14, 2024

Empath Labs, Inc. ("Empath Labs," "we," "us," "our") respects your privacy and is committed to protecting it through compliance with this policy. This Privacy Policy applies to the information that we collect in the Clinical Companions™ mobile applications (the “Apps”).

We ask that you take the time to read this policy carefully, as it contains important information to understand our policies and practices regarding your information.

Empath Labs is a patient experience lab. We pair novel technological solutions with strategic support to design and implement solutions that drive medication compliance, retain participants in clinical research, and empower patients.

We operate the Apps for use in connection with our solutions that simulate medical care, including by using interactive plush companions. Empath Labs solutions may be purchased and used by enterprise customers, including companies conducting and managing clinical research ("Customers"). Our Customers facilitate the distribution of our solutions to patients and other users (“Users”) for use in connection with clinical trials. In this case, Empath Labs acts as a processor (or service provider) on behalf of our Customers, who are the controllers of personal information.

By using the Apps in any manner, you acknowledge that you accept the practices and policies outlined in this Privacy Policy. If you are using the Apps on behalf of another party, you represent and warrant that: (i) you have all rights, consents, and permissions to do so; and (ii) that you have obtained such party’s express consent and agreement to the terms of this policy. If you do not agree with our policies and practices, do not download, register with, or use the Apps.

This policy may change from time to time. Your continued use of the Apps after we revise this policy means you accept those changes, so please check the policy periodically for updates.

This policy applies only to the information that we collect in the Apps. This policy does not apply to our other applications, websites, and services, which may have separate policies.This policy does not apply to the practices of companies that we do not own or control, or to individuals that we do not employ or manage.

This policy describes:

• The types of information we may collect, or that you may provide, when you download, register, access, or use the Apps.
• Our practices for collecting, using, maintaining, protecting, and disclosing that information.

For purposes of this policy, the term “personal information” means any information relating to an identified or identifiable individual.

Empath Labs' products and services may be purchased by Customers that use our solutions for clinical research purposes, including clinical research for pediatric patients. We are committed to protecting the privacy of children. Although some of the features of the Apps are intended for use by children and teens, Empath Labs does not permit children or teens under the age of 18 to download, register for, or use our services, except at the direction of and pursuant to a written agreement with our Customer. Empath Labs does not knowingly collect personal information from children under 16, except that we may collect device information as described below that is used solely for the purpose of providing support for the internal operations of the Apps. If we learn that we have collected or received personal information from a child under 16 without appropriate consent, we will delete that information.

Empath Labs may collect information that you provide when you register for or use the Apps, including anonymized identifiers. When you download, register, use the Apps, you use an anonymized identifier that configures the App with features specific to our applicable Customer’s clinical trial. We collect and use this anonymized identifier to provide our services, including for analytical and statistical reporting purposes.

Our Apps do not collect and do not allow you to submit any images, recordings, or information that could be used to identify you.

When you download, access, use, and interact with the Apps, we may use technology to automatically collect the following information from and about you:

• Usage data related to your App activity and interactions, such as the App features that you use. We engage third party providers to collect usage data, who are bound by contractual obligations to keep personal information confidential.
• Device information including the device’s model, operating system, and selected language. If the device information we receive includes your IP address, your IP address is anonymized but may be used to infer your approximate geographic location.
• Diagnostics data about how the Apps perform when you use them, such as crash logs.

We use information that we collect about you, or that you provide to us to:

• Provide you with the App and its contents.
• Fulfill any purpose for which you provide the information.
• Carry out our obligations and enforce our rights arising from any contracts entered into between Empath Labs and the Customer that facilitated your use of the App.
• Understand how you interact with our Apps, identify which features are least and most utilized, identify problem areas within the Apps, and inform design development for future updates.
• Operate and improve our Apps and other solutions. For example, we use insights from analytics to improve how we and our Customers introduce Clinical Companions and Apps to our Users.
• Notify you when App updates are available, and of changes to any solutions we offer or provide with the Apps.
• Comply with and enforce applicable legal requirements, industry standards, our policies, and our contractual rights.
• Carry out any other purpose conveyed to you at the time that the information was collected.

We may use and disclose aggregated and statistical information that is not specific to, and does not identify, any individual or device for any and all legal and legitimate business purposes, including for marketing or reporting purposes.

We may disclose usage details and other analytics data derived from your use of the Apps with our Customers. Our Customers may use this information to assess, improve, and develop how they use Clinical Companions and other Empath Labs solutions in connection with their clinical trials.

In addition, we may disclose information that we collect or that you provide:

• To contractors, service providers, and other third parties we use to support our business and who are bound by contractual obligations to keep personal information confidential and use it only for the purposes for which it is disclosed to them.
• To a buyer or other successor in the event of a merger, divestiture, restructuring, reorganization, dissolution, or other sale or transfer of some or all of Empath Labs’ assets, whether as a going concern or as part of bankruptcy, liquidation, or similar proceeding.
• If we are required to do so by law or legal process, such as to comply with a court order.
• If we have a good faith belief that access, use, preservation, or disclosure of such information is reasonably necessary to: (i) protect the safety of a User; (ii) protect the safety or security of the App; or (iii) enable us to take precautions against liability.

Certain U.S. states, including California, Colorado, Connecticut, Montana, Oregon, Texas, Utah, and Virginia, provide residents of the state with additional privacy rights, including rights to (i) access the personal information we have collected about you; (ii) correct inaccuracies in your personal information; (iii) receive personal information we have about you in a readily usable format; (iv) request deletion of your personal information; and (v) to opt-out of processing your personal information for targeted advertising or sales of personal information. The exact scope of these rights may vary by state and may be subject to exceptions.

Empath Labs does not “sell” or “share” information, as the terms are defined under certain U.S. state privacy laws, including the California Consumer Privacy Act, as amended (“CCPA”), and the Virginia Consumer Data Protection Act (“VDPA”).

To exercise your privacy rights, please email us at privacy@empathlabs.com. Only you, or an agent legally authorized to act on your behalf, may make a request related to your personal information. We will make every effort to respond to your request within 45 days from when you contact us. After submitting a request, we may ask you to provide information that will enable us to verify your identify in order to comply with your request. Please note that we may deny an opt-out request if we have a good faith, reasonable belief that the request is fraudulent. Further, in most instances, Empath Labs does not collect types of personal information that enable us to identify you. As such, if we do not have information that permits us to verify your identity, we may deny your requests to know or delete. To appeal our decision regarding a request related to your privacy rights, you may email us at privacy@empathlabs.com.

If you are a User located in the European Economic Area (“EEA”) or the United Kingdom (“UK”), our legal basis for collecting and using personal information will depend on the personal information concerned and the specific context in which we collect it. We will only collect personal information from you where: (i) we have your consent to do so; (ii) we need the personal information to perform a contract with you; or (iii) the processing is in our legitimate interests and not overridden by your data protection interests or fundamental rights and freedoms.

We retain the anonymized data for as long as reasonably necessary for the purposes outlined in this policy. Since the data we retain cannot be linked to individual Users, there is no personal data retention period. We store and process the information we collect in the United States.

We may amend this Privacy Policy from time to time. If we make material changes to how we treat our Users’ personal information, we will notify you by posting the policy on this page and updating the “Last Updated” date at the top. You are bound by any changes to this policy when you use the Apps after such changes have been first posted.

If you have any questions or coIf you have any questions or concerns regarding our privacy policies, please contact us by sending a detailed message to privacy@empathlabs.com. Alternatively, you may contact us by postal service as follows.
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Attention: Data Protection Office
Empath Labs
60 Valley St Ste 29
Providence, Rhode Island, 02909 USA
privacy@empathlabs.com