Legal

Privacy Statement - Revised March 28, 2017

 

 

PRIVACY STATEMENT

Revised March 28, 2017

PLEASE READ THIS PRIVACY STATEMENT CAREFULLY

Introduction

This Privacy Statement applies to our ES-1 Mobile Application (the “App”) and to our website located at www.elementscience.com (the “Website”). The App and Website are owned and operated by Element Science, Inc. (referred to herein as “Element Science”, “we,” “us,” or “our”).

This Privacy Statement describes how Element Science collects and uses the information that is gathered from your use of the App and Website. All of your Protected Health Information (PHI) maintained by Element Science, including information you provide on the App, is also subject to the Notice of Privacy Practices issued by us pursuant to the requirements of the Health Insurance Portability and Accountability Act (“HIPAA”). By using the App you consent to the terms of the most recent versions of this Privacy Statement and the Notice of Privacy Practices.

Revisions to the Privacy Statement

We may revise this Privacy Statement from time to time as we add new features; modify the way in which we manage information; respond to changes in laws, regulations, or our products; or upon other reasonable justification. If we make material changes to our Privacy Statement, we will post notice of this on our Website and the Mobile Application prior to the changes becoming effective. Any revised Privacy Statement will apply both to information we already have about you at the time of the change, and any information created or received after the change takes effect. The revision date is printed at the top of this Privacy Statement. We encourage you to periodically reread this Privacy Statement, to see if there have been any changes to our policies that may affect you.

Non-personal Information
Non-personal information is information we collect through the Website or the App that does not identify you as an individual person.

What We Collect:  

Element Science routinely gathers data on website and mobile application activity, such as how many people visit the site or mobile application, the web pages or mobile screens they visit, how long they stay, or the type of browser and operating system they use. The data is collected on an aggregate, anonymous basis, which means that no personally identifiable information is associated with the data.

The App may also collect PHI information from the device that will be de-identified from you including:

  • Geographic location;
  • Birth date or age;
  • Phone number;
  • Email address;
  • Medical record number;
  • Account number;
  • Device serial number;
  • Biometric identifiers such as cardiac rhythms, Transthoracic Impedance (TTI), or number of shocks given;
  • Device use information such as battery levels

How We Use it:

Website and mobile application use data helps us improve our content and overall usage. The information is not shared with other organizations for their independent use.

Device readings may be shared with your physician.

The de-identified data will be kept on a secure computer that is accessible only by Element Science and its researchers who will be analyzing the data.

Personally Identifiable Information

Personally Identifiable Information (PII) is data that includes a personal identifier like your name, email or mailing address, medical record number, or other data that could reasonably be linked back to you.

What We Collect: Element Science collects the following PII from you:

  • Contact information such as name, email address, mailing address, and phone number;
  • Device serial number(s);
  • Date of birth;
  • Biometric information;
  • Medical information

How We Use it: Your PII will be kept private and not shared with any other parties, unless required by law.

Disclosure

Element Science may disclose your PII:

  • as required by law, such as to comply with a subpoena, or similar legal process;
  • to any person performing audit, legal, operational, or other services for us;
  • to the US Food and Drug Administration and/or the Western Institutional Review Boards as part of their review of study records;
  • when necessary to protect our rights, protect you or others from threats of imminent harm, investigate fraud or other activity in violation of the law, or respond to a government request;
  • to protect the security and reliability of the Website and the App;
  • in connection with the sale, merger, bankruptcy, sale of assets, or reorganization of our company. We will notify you if a different company will receive your PII and the promises in this Privacy Statement will apply to your data as transferred to the new entity.

We will use information which does not identify the individual for these activities whenever reasonably possible.

Children

Neither the ES-1 Mobile Application nor the Element Science website is directed at children. Element Science does not knowingly collect personally identifiable information from children under the age of 18. If you are aware of a user under the age of 18 using the Element science Website or App, please contact us at (415) 872-6500 or info@elementsci.com.
Storage and Security of Personally Identifiable Information
Element Science will retain and use your PII information as necessary to comply with our legal obligations, resolve disputes, and enforce our agreements.
Element Science uses a combination of technical and administrative security controls to maintain the security of your PII.If you have a security-related concern, please contact us at (415) 872-6500 or info@elementsci.com.

Links to third party websites

The Website might include links to other websites whose privacy practices differ from those of Element Science. If you submit personal information to any of those sites, your information is governed by their privacy statements rather than this one. We encourage you to carefully read the privacy statement of any website you visit.
PLEASE CONTACT US IF YOU HAVE ANY QUESTIONS OR CONCERNS ABOUT THIS PRIVACY STATEMENT OR ABOUT ELEMENT SCIENCE’S TREATMENT OF YOUR PERSONALLY IDENTIFIABLE INFORMATION.
Element Science, Inc.
200 Kansas Street, Suite 210
San Francisco, CA 94103
(415) 872-6500

info@elementsci.com

Terms of Use - Revised March 31, 2017

 

TERMS OF USE

Rev. March 31, 2017

PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THIS WEB SITE. THESE TERMS OF USE DESCRIBE RULES FOR VISITORS TO THIS ELEMENT SCIENCE WEBSITE. BY USING THIS WEBSITE YOU SIGNIFY YOUR AGREEMENT TO THESE TERMS OF USE. IF YOU DO NOT AGREE TO THESE TERMS OF USE, DO NOT USE THE WEBSITE.

IF YOU ARE UNDER THE AGE OF 13, YOU MAY NOT USE THIS WEBSITE.
Changes To These Terms Of Use
These Terms of Use were last updated as of the revision date at the top of this page. We may revise the information on the Website or otherwise change or update the Website, including these Terms of Use, without notice to you. Element Science may also make improvements and/or changes in products and/or services described on the website or add new features at any time without notice. We encourage you to periodically read these Terms of Use to see if there have been any changes to our policies that may affect you. Your continued use of the website will signify your continued agreement to these Terms of Use as they may be revised.

No Medical Advice
THIS WEBSITE IS FOR INFORMATIONAL USE ONLY; IT DOES NOT PROVIDE MEDICAL ADVICE. IF YOU THINK YOU OR SOMEONE YOU ARE TAKING CARE OF HAS A MEDICAL EMERGENCY, CALL 911 OR GO TO THE NEAREST HOSPITAL.

Read Our Privacy Statement
Any information that Element Science collects through your use of this website is subject to the Element Science Privacy Statement www.elementscience.com/legal, which is part of these Terms of Use.

Uploads and Access
Through your use of the website you may enter or upload (“Transmit”) data or images (collectively “Materials”) to the website or to Element Science via the website (messaging or emails).  Anything that entered or uploaded is subject to our Privacy Statement (see above). The following restrictions also apply to transmitted Materials:

  • You may not intentionally Transmit viruses, worms, Trojan horses, or other harmful computer code.
  • You may not Transmit Materials that infringe or violate the intellectual property rights, privacy rights, or publicity rights of others.
  • You may not Transmit Materials that are unlawful, obscene, defamatory, predatory of minors, threatening, harassing, abusive, slanderous, or hateful to any person (including Element Science personnel) or entity as determined by Element Science in its sole discretion.

Additionally, you may not access material about others except to the extent that you are an authorized caretaker of such other.

Links or References
This website may from time to time provide sponsorships, links, or references to other websites or products. Element Science is not endorsing these sites, products, services, or their respective owners or their opinions. Element science has no responsibility for such other websites and shall not be liable for any damages or injury arising from use of those websites. You are encouraged to read the Terms of Use for any website you visit.  Any links to other websites are provided merely as a convenience to you.

Accuracy and Completeness
Although we attempt to maintain the accuracy and integrity of the information on this website, we make no guarantees as to its correctness, completeness, or accuracy. The website may contain typographical errors, inaccuracies, or other errors or omissions. If you believe that information found on the website is inaccurate or unauthorized, please inform us by contacting (415) 872-6500 or info@elementsci.com.

No Warranty
THIS WEBSITE, ITS LINKS AND CONTENT, ARE PROVIDED TO YOU ON AN “AS IS,” “AS AVAILABLE” BASIS WITHOUT WARRANTIES OF ANY KIND. ELEMENT SCIENCE DISCLAIMS ALL WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, STATUTORY OR COMMON LAW INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.  ELEMENT SCIENCE MAKES NO REPRESENTATIONS OR WARRANTIES THAT USE OF THIS WEB SITE WILL BE UNINTERRUPTED OR ERROR-FREE. YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF THIS WEBSITE, ALL WEBSITE-RELATED SERVICES, AND THIRD PARTY WEBSITES. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY ELEMENT SCIENCE OR ITS AUTHORIZED REPRESENTATIVES SHALL CREATE A WARRANTY OF ANY KIND.
Some states/provinces do not allow limitations on implied warranties, so some of the above limitations may not apply to you.

LIMITATION OF LIABILITY
NEITHER ELEMENT SCIENCE NOR ITS AFFILIATES, SUPPLIERS, NOR OTHER THIRD PARTIES MENTIONED OR LINKED TO ON THE WEBSITE WILL BE LIABLE FOR ANY INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOSS OF DATA OR GOODWILL, SERVICE INTERRUPTION, COMPUTER DAMAGE OR SYSTEM FAILURE OR THE COST OF SUBSTITUTE SERVICES ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OF USE OR FROM THE USE OF OR INABILITY TO USE THE WEBSITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT ELEMENT SCIENCE HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE.

YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE WEBSITE, SITE-RELATED SERVICES, AND/OR THIRD PARTY WEBSITES IS TO STOP USING THE WEBSITES AND/OR THOSE SERVICES.

Some jurisdictions may not allow the exclusion or limitation of incidental or consequential damages, so the above limitation may not apply to you.

Our Copyrights And Trademarks
The materials on this website are the property of Element Science or its suppliers. The materials are protected by United States and foreign copyright laws. You may e-mail, download, or print copies of the materials on this web site, but only for your personal, noncommercial use. When you e-mail, download, or print a copy of the materials on this web site, you must also include all copyright, trademark, and other notices that are in the materials.

Element Science or its suppliers also own the names we use for our products and services on this web site, and these names are protected by United States and foreign trademark laws.  All trademarks are the property of their respective owners.

If you use the materials or trademarks on this web site in a way that is not clearly allowed by these Terms of Use, you are violating your agreement with us and may be violating copyright, trademark, and other laws. In that case, we automatically revoke your permission to use this web site.  Title to the materials remains with us or with the authors of the materials contained on this web site. All rights not expressly granted are reserved.

Termination
Your privilege to use or access this website may be terminated by Element Science immediately and without notice if you fail to comply with any term or condition of these Terms of Use or the Privacy Statement.  Upon termination, you must immediately cease accessing or using the website and agree not to or otherwise make use of the website.  Furthermore, you acknowledge that Element Science reserves the right to take action – technical, legal, or otherwise – to block, nullify, or deny your ability to access the website.  You understand that Element Science may exercise this right in its sole discretion.

General
These Terms of Use together with the Privacy Statement are a complete statement of the agreement between you and Element Science, and set forth the entire liability of Element Science and your exclusive remedy with respect to your access and use of the website.  In the event of the conflict between these terms of Use and the applicable Element Science Privacy Statement, these Terms of Use shall prevail.  The agents and employees of Element Science are not authorized to make modifications to the Terms of Use or to make any additional representations, commitment or warranties binding on Element Science. Any waiver of the terms herein by Element Science must be in a writing signed by an authorized officer of Element Science and expressly referencing the applicable provisions of the Terms of Use.  If any provision of the Terms of Use is declared invalid or unenforceable under applicable law, then it shall be, to that extent, deemed omitted and the remaining provisions will continue in full force and effect.  The Terms of Use will be governed by California law as applied to agreements entered into and to be performed entirely within California (without regard to its choice of law or conflicts of law principles), and applicable federal law.  The parties consent to the exclusive jurisdiction and venue in the state courts in San Francisco County, California, or federal court for the Northern District of California.  Headings are included for convenience only, and shall not be considered in interpreting these Terms of Use.  The Terms of Use do not limit any rights that Element Science may have under trade secret, copyright, patent or other laws.  Intuit reserves the right at all times to disclose any information as Element Science deems necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or remove any information or materials, in whole or in part, in Element Science’s sole discretion.