Privacy Policy

Updated 6/01/2020

This website (“Website”) and associated websites are maintained by:

CortiCare, Inc.

5950 La Place Court, Suite 160

Carlsbad, CA 92008

Our website address is: https://corticare.com.

Introduction

CortiCare, Inc. is a tele-EEG diagnostic company with a simple premise: to help clinicians determine real-brain functionality and abnormality in a timely and cost-effective manner. Along the way, we’ve helped redefine neuro-critical care, expanded the use of in-home ambulatory EEG and provided support for clinical trials. We are based in Carlsbad, CA with an office in Rocky Hill, CT.

1.1    We are committed to safeguarding the privacy of our website visitors.

1.2    This policy applies where we are acting as a data controller with respect to the personal data of our website visitors; in other words, where we determine the purposes and means of the processing of that personal data.

1.3    We use cookies on our website. Insofar as those cookies are not strictly necessary for the provision of our website and services, we will ask you to consent to our use of cookies when you first visit our website.

1.4    In this policy, “we”, “us” and “our” refer to CortiCare, Inc. For more information about us, see Section 15.

How We use your Personal Data

2.1    In this Section 2 we have set out:

(a)    the general categories of personal data that we may process;

(b)    the purposes for which we may process personal data; and

(c)    the legal bases of the processing.

2.2    We may process data about your use of our website and services (“usage data“). The usage data may include your IP address, geographical location, browser type and version, operating system, referral source, length of visit, page views and website navigation paths, as well as information about the timing, frequency and pattern of your service use. The source of the usage data is Google Analytics. This usage data may be processed for the purposes of analyzing the use of the website and services. The legal basis for this processing is our legitimate interests, namely monitoring and improving our website and services.

2.3    We may process your account data (“account data“). The account data may include your name and email address. The account data may be processed for the purposes of providing our services and communicating with you. The legal basis for this processing is consent.

2.4    We may process information contained in any enquiry you submit to us regarding goods and/or services (“enquiry data“). The enquiry data may be processed for the purposes of offering, marketing and selling relevant goods and/or services to you. The legal basis for this processing is consent.

2.5    We may process information that you provide to us for the purpose of subscribing to our email notifications and/or newsletters (“notification data“). The notification data may be processed for the purposes of sending you the relevant notifications and/or newsletters. The legal basis for this processing is consent.

2.6    We may process information contained in or relating to any communication that you send to us (“correspondence data“). The correspondence data may include the communication content and metadata associated with the communication. Our website will generate the metadata associated with communications made using the website contact forms. The correspondence data may be processed for the purposes of communicating with you and record-keeping. The legal basis for this processing is our legitimate interests, namely the proper administration of our website and business and communications with users.

2.7    We may process any of your personal data identified in this policy where necessary for the establishment, exercise or defense of legal claims, whether in court proceedings or in an administrative or out-of-court procedure. The legal basis for this processing is our legitimate interests, namely the protection and assertion of our legal rights, your legal rights and the legal rights of others.

2.8    We may process any of your personal data identified in this policy where necessary for the purposes of obtaining or maintaining insurance coverage, managing risks, or obtaining professional advice. The legal basis for this processing is our legitimate interests, namely the proper protection of our business against risks.

2.9    In addition to the specific purposes for which we may process your personal data set out in this Section 2, we may also process any of your personal data where such processing is necessary for compliance with a legal obligation to which we are subject, or in order to protect your vital interests or the vital interests of another natural person.

2.10  Please do not supply any other person’s personal data to us, unless we prompt you to do so.

Providing Your Personal Data to Others

3.1    We may disclose your personal data to any member of our group of companies (this means our subsidiaries, our ultimate holding company and all its subsidiaries) insofar as reasonably necessary for the purposes, and on the legal bases, set out in this policy. Information about our group of companies can be found at www.corticare.com.

3.2    We may disclose your personal data to our insurers and/or professional advisers insofar as reasonably necessary for the purposes of obtaining or maintaining insurance coverage, managing risks, obtaining professional advice, or the establishment, exercise or defense of legal claims, whether in court proceedings or in an administrative or out-of-court procedure.

3.3    In addition to the specific disclosures of personal data set out in this Section 3, we may disclose your personal data where such disclosure is necessary for compliance with a legal obligation to which we are subject, or in order to protect your vital interests or the vital interests of another natural person. We may also disclose your personal data where such disclosure is necessary for the establishment, exercise or defense of legal claims, whether in court proceedings or in an administrative or out-of-court procedure.

Retaining and Deleting Personal Data

4.1    This Section 4 sets out our data retention policies and procedure, which are designed to help ensure that we comply with our legal obligations in relation to the retention and deletion of personal data.

4.2    Personal data that we process for any purpose or purposes shall not be kept for longer than is necessary for that purpose or those purposes.

4.3    We will retain your personal data as follows:

(a)    personal data category will be retained for a minimum period of [period] following [date], and for a maximum period of 7 years following receipt.

4.4    In some cases it is not possible for us to specify in advance the periods for which your personal data will be retained. In such cases, we will determine the period of retention based on the following criteria:

(a)    the period of retention of personal data will be determined based on compliance with legal obligations.

4.5    Notwithstanding the other provisions of this Section 4, we may retain your personal data where such retention is necessary for compliance with a legal obligation to which we are subject, or in order to protect your vital interests or the vital interests of another natural person.

Amendments

5.1    We may update this policy from time to time by publishing a new version on our website.

5.2    You should check this page occasionally to ensure you are happy with any changes to this policy.

Your Rights

6.1    In this Section 6, we have summarized the rights that you have under data protection law. Some of the rights are complex, and not all of the details have been included in our summaries. Accordingly, you should read the relevant laws and guidance from the regulatory authorities for a full explanation of these rights.

6.2    Your principal rights under data protection law are:

(a)    the right to access;

(b)    the right to rectification;

(c)    the right to erasure;

(d)    the right to restrict processing;

(e)    the right to object to processing;

(f)     the right to data portability;

(g)    the right to complain to a supervisory authority; and

(h)    the right to withdraw consent.

6.3    You have the right to confirmation as to whether or not we process your personal data and, where we do, access to the personal data, together with certain additional information. That additional information includes details of the purposes of the processing, the categories of personal data concerned and the recipients of the personal data. Providing the rights and freedoms of others are not affected, we will supply to you a copy of your personal data. The first copy will be provided free of charge, but additional copies may be subject to a reasonable fee.

6.4    You have the right to have any inaccurate personal data about you rectified and, taking into account the purposes of the processing, to have any incomplete personal data about you completed.

6.5    In some circumstances you have the right to the erasure of your personal data without undue delay. Those circumstances include: the personal data are no longer necessary in relation to the purposes for which they were collected or otherwise processed; you withdraw consent to consent-based processing; you object to the processing under certain rules of applicable data protection law; the processing is for direct marketing purposes; and the personal data have been unlawfully processed. However, there are exclusions of the right to erasure. The general exclusions include where processing is necessary: for exercising the right of freedom of expression and information; for compliance with a legal obligation; or for the establishment, exercise or defense of legal claims.

6.6    In some circumstances you have the right to restrict the processing of your personal data. Those circumstances are: you contest the accuracy of the personal data; processing is unlawful but you oppose erasure; we no longer need the personal data for the purposes of our processing, but you require personal data for the establishment, exercise or defense of legal claims; and you have objected to processing, pending the verification of that objection. Where processing has been restricted on this basis, we may continue to store your personal data. However, we will only otherwise process it: with your consent; for the establishment, exercise or defense of legal claims; for the protection of the rights of another natural or legal person; or for reasons of important public interest.

6.7    You have the right to object to our processing of your personal data on grounds relating to your particular situation, but only to the extent that the legal basis for the processing is that the processing is necessary for: the performance of a task carried out in the public interest or in the exercise of any official authority vested in us; or the purposes of the legitimate interests pursued by us or by a third party. If you make such an objection, we will cease to process the personal information unless we can demonstrate compelling legitimate grounds for the processing which override your interests, rights and freedoms, or the processing is for the establishment, exercise or defense of legal claims.

6.8    To the extent that the legal basis for our processing of your personal data is:

(a)    consent; or

(b)    that the processing is necessary for the performance of a contract to which you are party or in order to take steps at your request prior to entering into a contract,

and such processing is carried out by automated means, you have the right to receive your personal data from us in a structured, commonly used and machine-readable format. However, this right does not apply where it would adversely affect the rights and freedoms of others.

6.9    If you consider that our processing of your personal information infringes data protection laws, you have a legal right to lodge a complaint with a supervisory authority responsible for data protection. You may do so in the EU member state of your habitual residence, your place of work or the place of the alleged infringement.

6.10  To the extent that the legal basis for our processing of your personal information is consent, you have the right to withdraw that consent at any time. Withdrawal will not affect the lawfulness of processing before the withdrawal.

6.11  You may exercise any of your rights in relation to your personal data by written notice to us, in addition to the other methods specified in this Section 6.

Third Party Websites

7.1    Our website includes hyperlinks to, and details of, third party websites.

7.2    We have no control over, and are not responsible for, the privacy policies and practices of third parties.

Personal Data of Children

8.1    Our website and services are targeted at persons over the age of 18.

8.2    If we have reason to believe that we hold personal data of a person under that age in our databases, we will delete that personal data.

Updating Information

9.1    Please let us know if the personal information that we hold about you needs to be corrected or updated.

About Cookies

10.1  A cookie is a file containing an identifier (a string of letters and numbers) that is sent by a web server to a web browser and is stored by the browser. The identifier is then sent back to the server each time the browser requests a page from the server.

10.2  Cookies may be either “persistent” cookies or “session” cookies: a persistent cookie will be stored by a web browser and will remain valid until its set expiry date, unless deleted by the user before the expiry date; a session cookie, on the other hand, will expire at the end of the user session, when the web browser is closed.

10.3  Cookies do not typically contain any information that personally identifies a user, but personal information that we store about you may be linked to the information stored in and obtained from cookies.

Cookies That We Use

11.1  We use cookies for the following purposes:

(a)    authentication – we use cookies to identify you when you visit our website and as you navigate our website (cookies used for this purpose are: [identify cookies]);

(b)    status – we use cookies to help us to determine if you are logged into our website (cookies used for this purpose are: [identify cookies]);

(c)    shopping cart – we use cookies to maintain the state of your shopping cart as you navigate our website (cookies used for this purpose are: [identify cookies]);

(d)    personalization – we use cookies to store information about your preferences and to personalize our website for you (cookies used for this purpose are: [identify cookies]);

(e)    security – we use cookies as an element of the security measures used to protect user accounts, including preventing fraudulent use of login credentials, and to protect our website and services generally (cookies used for this purpose are: [identify cookies]); and

(f)     analysis – we use cookies to help us to analyze the use and performance of our website and services (cookies used for this purpose are: [identify cookies]).

Cookies Used by Our Service Providers

12.1  Our service providers use cookies and those cookies may be stored on your computer when you visit our website.

12.2  We use Google Analytics to analyze the use of our website. Google Analytics gathers information about website use by means of cookies. The information gathered relating to our website is used to create reports about the use of our website. Google’s privacy policy is available at: https://www.google.com/policies/privacy/.

Managing Cookies

13.1  Most browsers allow you to refuse to accept cookies and to delete cookies. The methods for doing so vary from browser to browser, and from version to version. You can however obtain up-to-date information about blocking and deleting cookies via these links:

(a)    https://support.google.com/chrome/answer/95647?hl=en (Chrome);

(b)    https://support.mozilla.org/en-US/kb/enable-and-disable-cookies-website-preferences (Firefox);

(c)    http://www.opera.com/help/tutorials/security/cookies/ (Opera);

(d)    https://support.microsoft.com/en-gb/help/17442/windows-internet-explorer-delete-manage-cookies (Internet Explorer);

(e)    https://support.apple.com/kb/PH21411 (Safari); and

(f)     https://privacy.microsoft.com/en-us/windows-10-microsoft-edge-and-privacy (Edge).

13.2  Blocking all cookies will have a negative impact upon the usability of many websites.

13.3  If you block cookies, you will not be able to use all the features on our website.

Cookie Preferences

14.1  You can manage your preferences relating to the use of cookies on our website by visiting: [URL]

Data Protection Officer

15.1  CortiCare has designated Jim Schraepfer Chief Information Security Officer and Data Protection Officer and charged him with maintaining CortiCare’s data privacy program and security posture. Contact information is as follows :

Jim Schraepfer, Chief Information Security Officer and Data Protection Officer
888.482.2334 x106
5950 La Place CT Suite 160
Carlsbad, CA 92008

Privacy Shield Participation

16.1  CortiCare complies with the EU-US Privacy Shield framework and The Swiss-US Privacy Shield framework as set forth by the United States Department of Commerce with regard to the collection, use, and retention of personal information transferred from the European Union and Switzerland to the United States, respectively. We have provided an attestation to the Department of Commerce indicating that we adhere to the Privacy Shield Principles for both the EU-US Privacy Shield and Swiss-US Privacy Shield. For more information on the Privacy Shield Program and to view our certification status, please visit :
https://www.privacyshield.gov

Under the Privacy Shield framework we are subject to the authority of the Federal Trade Commission. If you have any further questions about our Privacy Shield certification, please email us at : info@CortiCare.com.

Our accountability for personal data we collect under the Privacy Shield and subsequently transfer to a third party is described in the Privacy Shield Principles. Pursuant to the Privacy Shield, CortiCare, Inc. remains liable for the transfer of personal data to third parties acting as our agents unless we can prove we were not a party to the events giving rise to the damages.

We have further committed to refer unresolved Privacy Shield complaints to Judicial Arbitration and Mediation Services (JAMS), an alternative dispute resolution provider located in the United States. If you do not receive timely acknowledgment of your complaint from us, or if we have not resolved your complaint, please contact or visit JAMS at https://www.jamsadr.com/eu-us-privacy-shield.For more information or to file a complaint. The services of JAMS are provided at no cost to you. In certain situations, you may also have the right to pursue binding arbitration under the Privacy Shield Framework.

Contact Us

If you have any questions, comments, complaints or requests regarding this privacy policy or our processing of your information, please contact us:

CortiCare, Inc.
Corporate Office
5950 La Place Court, Suite 160
Carlsbad, CA, 92008
Toll Free: 877 717 3975
Tel: +1 888 482 2334
Email: info@corticare.com
Website: www.corticare.com

Copyright © CortiCare, Inc. 2020

California Consumer Privacy Act Addendum

This California Consumer Privacy Act Addendum supplements the CortiCare Privacy Policy and is effective as of June 1, 2020. The CortiCare Privacy Policy describes the information we collect, the sources from which we collect it, the purposes for which we use it, the circumstances under which we share it, and with whom we share it. These additional disclosures are required by the California Consumer Privacy Act of 2018:

Categories of personal information collected.  The personal information that CortiCare collects or has collected from consumers in the in the twelve months prior to the effective date of this Addendum fall into the following categories established by the California Consumer Privacy Act:

  • Identifiers such as a real name, alias, postal address, unique personal identifier, online identifier, internet protocol address, email address, account name, or other similar identifiers;
  • Personal information described in Section 1798.80(e), including information that identifies, relates to, describes, or is capable of being associated with, a particular individual, including, but not limited to, signature, physical characteristics or description, telephone number, state identification card number, insurance policy number, employment, employment history, bank account number, credit card number, debit card number or any other financial information, medical information or health insurance information.
  • Commercial information, including records of personal property, products or services purchased, obtained, or considered, or other purchasing or consuming histories or tendencies.
  • Internet or other electronic network activity information, including, but not limited to, browsing history, search history, and information regarding a consumer’s interaction with an internet website, application, or advertisement;
  • Professional or employment-related information;
  • Inferences drawn from any of the information identified in this subdivision to create a profile about a consumer reflecting the consumer’s preferences, characteristics, psychological trends, predispositions, behavior, attitudes, intelligence, abilities, and aptitudes.

Categories of personal information sold.  CortiCare does not sell personal information.

Categories of personal information disclosed for a business purpose.  The personal information that CortiCare disclosed about consumers for a business purpose in the in the twelve months prior to the effective date of this Addendum fall into the following categories established by the California Consumer Privacy Act:

  • Identifiers such as a real name, alias, postal address, unique personal identifier, online identifier, internet protocol address, email address, account name, or other similar identifiers;
  • Personal information described in Section 1798.80(e), information that identifies, relates to, describes, or is capable of being associated with, a particular individual, including, but not limited to, signature, physical characteristics or description, telephone number, state identification card number, insurance policy number, employment, employment history, bank account number, credit card number, debit card number or any other financial information, medical information or health insurance information.
  • Commercial information, including records of personal property, products or services purchased, obtained, or considered, or other purchasing or consuming histories or tendencies.
  • Internet or other electronic network activity information, including, but not limited to, browsing history, search history, and information regarding a consumer’s interaction with an internet website, application, or advertisement;
  • Professional or employment-related information;
  • Inferences drawn from any of the information identified in this subdivision to create a profile about a consumer reflecting the consumer’s preferences, characteristics, psychological trends, predispositions, behavior, attitudes, intelligence, abilities, and aptitudes.

Rights Afforded to You by the California Consumer Privacy Act

You have the following rights under the California Consumer Privacy Act, pursuant to Section 1798.100, 1798.105, 1798.110, 1798.115, and 1798.125:

  • The right to request that the Publisher discloses to you the categories and specific pieces of personal information that have been collected.
  • The right to request that the Publisher delete any personal information about you which has been collected. 
  • The right to request that the Publisher disclose the following:
    1. The categories of personal information it has collected about you;
    2. The categories of sources from which the personal information is collected;
    3. The business or commercial purpose for collecting or selling personal information;
    4. The categories of third parties with whom it shares personal information; and
    5. The specific pieces of personal information it has collected about you.
  • The right to request that the Publisher, if it sells your personal information or discloses your personal information for a business purpose, disclose to the following:
    1. The categories of personal information that it has collected about you;
    2. The categories of personal information that it sold about you and the categories of third parties to whom the personal information was sold, by category or categories of personal information for each category of third parties to whom the personal information was sold; and
    3. The categories of personal information that it disclosed about you for a business purpose.
  • The right to not be discriminated against by the Publisher due to the exercise of any of your rights above, including, but not limited to, being:
    1. denied goods or services;
    2. charged different prices or rates for goods or services, including through the use of discounts or other benefits or imposing penalties (or receiving any suggestion thereof); or
    3. provided a different level or quality of goods or services (or receiving any suggestion thereof).

You have the following rights under the California Consumer Privacy Act, pursuant to Section 1798.120:

  • The right to receive notice, if the Publisher sells personal information to third parties, that your personal information may be sold, and that you have right described immediately below. 
  • The right to direct the Publisher, if it sells your personal information to third parties, not to sell your personal information, otherwise known as the “right to opt-out.”
  • The right not to have your personal information sold if the Publisher has actual knowledge that you are less than 16 years of age, unless you are at least 13 years of age and your parent or guardian has affirmatively authorized the sale of your personal information.

Contact

To exercise your right to opt-out, please following the following link:

Do Not Sell My Personal Information (add link to opt-out)

You may exercise your rights to request the disclosure, access to, or deletion of your personal information here. You may also exercise such rights or provide any other questions, comments, complaints or requests regarding this Addendum, by contacting us:

CortiCare, Inc.
5950 La Place Court, Suite 160
Carlsbad, CA 92008
info@corticare.com