ACCESS THE AONL WEBINAR! Wearable Monitors: Leveraging New Tools to Empower Nurses

BioIntelliSense, Inc.

Privacy Policy

BioIntelliSense, Inc (“BioIntelliSense,” “we”, “us,” or “our”) respects your privacy and we are committed to protecting it through our compliance with this privacy policy (“Privacy Policy”).

This Privacy Policy describes the types of information we may collect from you or that you may provide when you visit or use the BioIntelliSense Data-as-a-Service Product and the associated medical wearable devices (including but not limited to our BioSticker, BioButton and BioHub), gateway device, mobile applications, cloud data services, and reporting (collectively, the “Product”) and our website and/or product registration portal when commercially available (“Site”) or use our services (as provided under our Terms of Use) and our practices for collecting, using, maintaining, protecting and disclosing that information.

This policy applies to information we collect:

It does not apply to information collected by:

Note, BioIntelliSense is not a medical group. Any medical advice or care obtained through our Product or the use of our Services will be provided by your health care providers (each, a “Provider”), not BioIntelliSense. Your Provider is responsible for providing you with a Notice of Privacy Practices describing its collection and use of your health information, not BioIntelliSense. If you do not agree to be bound by those terms, you are not authorized to access or use our Product, and you must promptly discontinue use of our Product.

Please read this policy carefully to understand our policies and practices regarding your information and how we will treat it. If you do not agree with our policies and practices, you may choose not to use our Product. By accessing or using this Product, you agree to the terms and conditions of this Privacy Policy. This policy may change from time to time and will be posted at https://www.biointellisense.com/legal. Your continued use of this Product after we make changes is deemed to be acceptance of those changes, so please check the policy periodically for updates.

Health Information. Some information BioIntelliSense collects constitutes protected health information (“PHI”) under the U.S. Health Insurance Portability and Accountability Act (“HIPAA”). As set forth above, your Provider will provide you with a Notice of Privacy Practices describing its collection and use of your health information, not BioIntelliSense, Inc. Accordingly, BioIntelliSense will use PHI only for the purpose for which it was collected, and we only collect the information we need to fully perform our services, to respond to you or your Provider, or as otherwise permitted by the Provider or applicable law. We may use your PHI to contact you, to provide requested services, to provide information to your Providers and insurers, to obtain payment for our services, to respond to your inquiries and requests, to improve our products or services, and to respond to inquiries and requests from your Providers and benefits program. We may combine your information with other information about you that is available to us, including information from other sources, such as from your Providers, insurers or benefits program, in order to maintain an accurate record of our participants. PHI will not be used for any other purpose, including marketing, without your consent.

Some information we collect may be health and/or medical related, however, may not be considered PHI under HIPAA (“Non-PHI Health Information”). For example, if you purchase a Product directly from us or it is provided by your employer, school or similar organization (as opposed to pursuant to instructions, orders or advice from a Provider in connection with your medical treatment) health information collected by the Product would not typically be considered PHI under HIPAA. Nonetheless, unlike many wearable health device manufacturers and providers, we handle your Non-PHI Health Information with the same or substantially similar security (e.g., encryption, access controls and other administrative, technical and physical security safeguards) as we use when we handle and protect your PHI. (See the Data Security section below for additional information about encryption and other security measures.)

Student Information. Some information we collect may constitute “education records” or “treatment records” protected by the Family Educational Rights and Privacy Act (“FERPA”). If you are a student, as a subcontractor or service provider to your university, college or other school (collectively “School”), we will comply with our obligations under FERPA and are agreement(s) with your School. Please consult your School’s privacy policy and any other FERPA related policies or guidance with respect to your rights under FERPA.

Children Under the Age of 18

If you are under the age of eighteen (18) and wish to create an account with us, your parent or legal guardian must create the account, submit your personal information, and agree to this privacy policy on your behalf. If you are under the age of 13, you may only use our Product(s) and Site with the supervision and consent of your parents or legal guardians. If we learn that we have collected personal information from someone under the age of 13 that was not provided with the supervision and consent of the minor’s parents or legal guardian, we will promptly delete that information. If you believe we have impermissibly collected personal information from someone under the age of 13, please contact us at support@www.biointellisense.com or call us at (888)-908-8804.

Additional Information About Use of Products by Children Under 13. While our Products are not directed towards children under the age of 13, parents or legal guardians may use our Products with children under the age of 13. Our collection, use, and disclosure of personal information described in this privacy policy applies to our collection, use, and disclosure of such personal information from children under 13. You may access and correct the personal information collected through the use of a Product directly from a child under 13 in the same manner as described in the section of this privacy policy entitled “Accessing and Correcting Your Information,” although we may require you to take certain steps or provide additional information to verify your identity before we provide any information or make corrections to the personal information we collect from a child under 13. You may contact us to receive a list of all third-party operators that collect or maintain personal information from children under 13 through our Products. By providing your child under the age of 13 with a Product or registering them on the Site, you consent to our collection, use, and disclosure of that child’s personal information collected through the Product. If you believe that we may have collected such personal information from a child under the age of 13 through a Product without your consent, please contact us at support@www.biointellisense.com or call us at (888)-908-8804.

Information We Collect About You and How We Collect It

We collect several types of information from and about users of our Product or Site, including information:

We collect this information:

Information You Provide to Us. The information we collect on or through our Product or Site may include:

Information We Collect Through Automatic Data Collection Technologies. When you use and interact with our Product, and as you navigate through and interact with our Site, we may use automatic data collection technologies to collect certain information about your physical health and condition, your equipment, browsing actions and patterns, including:

We may also collect information about your online activities over time and across third party websites or other online services (“behavioral tracking”). Please email us at support@www.biointellisense.com for information on how you can opt out of behavioral tracking on this Site and how we respond to web browser signals and other mechanisms that enable consumers to exercise choice about behavioral tracking.

The technologies we may use for automatic data collection include:

How We Use Your Information

Depending on your particular circumstances, we may use information that we collect about you or that you provide to us, including any personal information:

COVID-19 Screening and Contact Tracing

Our Product(s) can be used to facilitate COVID-19 screening and contact tracing by the Product user or third parties, such as the user’s employer, school or other organizations in which the user is involved, or public health authorities or other organizations (collectively “Information Recipients”). If you use the screening feature, the Information Recipient only knows if you have been “cleared” or “not cleared” based on CDC guidelines, recognized clinical standards and practices, and information provided by you in response to screening questions and the information collected by the Product.

If you use a Product for contact tracing purposes, your health information is under your direct control, and is not shared with Information Recipients. This functionality consists of identifying the proximity (approximate distance) to another BioIntelliSense Product and the length of the proximity, without collecting or tracking any information about the precise or near-precise geographic location. Our technology does not track or know where the user is located geographically.

Our technology develops a risk calculation using the time, duration, and proximity information collected by the Product for each contact event between a contact tracing Product user and other contact tracing Product users who are calculated to have been in close contact. We may then provide this risk calculation report to an Information Recipient. We do not provide your name with this risk calculation report, however, they may have the information necessary to identify you and match you and other Product users to a particular Product. It is up to the Information Recipient to determine what response, protective or preventive measures should be taken.

The Products and BioIntelliSense system are limited to screening for symptoms, behaviors and vital sign trends that may indicate a particular individual may be at risk of an infectious process, including COVID. It does not in any way interpret, or make an interpretation or diagnosis of infection, including COVID. Furthermore, due to the nature and complexities involved in detecting, diagnosing and predicting diseases, the technology does not identify all individuals who may nonetheless be experiencing an infectious process, including COVID. Additionally, the automated contact tracing assistance (e.g., proximity measurements) facilitated by our Product(s) is not guaranteed to any particular level of precision, and the effectiveness and availability will vary depending on usage, environment, network connectivity, etc. With the appropriate patient consent and sharing, data collected by the Product may be transmitted to a trained medical professional who may choose to use this information as part of their clinical assessment. Please consult a healthcare professional if you have any questions about interpreting the health or medical implications of any of the physical condition data collected and reported by our Product.

You understand our Product(s) do not render medical advice or diagnose or prevent any specific disease, including any communicable disease or virus. If you have any concerns about your health, including whether you have been exposed to or have contracted any disease or virus, immediately contact your healthcare provider.

Advertising. With your consent, we may also use your information to contact you about our own goods and services that may be of interest to you. If you wish to opt-out of receiving such communications, you may do so at any time by clicking unsubscribe at the bottom of these communications or by emailing us at support@www.biointellisense.com to opt out.

We may use the information we have collected from you to enable us to display advertisements to our advertisers’ target audiences. Even though we do not disclose your personal information for these purposes without your consent, if you click on or otherwise interact with an advertisement, the advertiser may assume that you meet its target criteria.

The information we collect automatically is statistical data and may include personal information, or we may maintain it or associate it with personal information we collect in other ways or receive from third parties. It helps us to improve our Product or Site and to deliver a better and more personalized service, including, but not limited to, by enabling us to:

Disclosure of Your Information

We do not share, sell, or otherwise disclose your personal information for purposes other than those outlined in this Privacy Policy. We may use or disclose aggregated or de-identified information about our users, and information that does not identify any individual, without restriction.

We may disclose personal information that we collect or you provide as described in this Privacy Policy:

Third Party Use of Cookies and Other Tracking Technologies

Some content or applications, including advertisements, on the Product or Site are served by third parties, including advertisers, ad networks and servers, content providers and application providers. These third parties may use cookies alone or in conjunction with pixels, web beacons, session replay technology or other tracking technologies to collect information about you when you use our Product or Site. The information they collect may be associated with your personal information or they may collect information, including personal information, about your online activities over time and across different websites and other online services. They may use this information to provide you with interest-based (behavioral) advertising or other targeted content.

We do not control these third parties’ tracking technologies or how they may be used. These third parties may aggregate the information they collect with information from their other customers for their own purposes. If you have any questions about an advertisement or other targeted content, you should contact the responsible provider directly.

Google Analytics. We use Google Analytics, a web analytics service provided by Google, Inc. (“Google”) to collect certain information relating to your use of the Product or Site. Google Analytics uses cookies and other tracking technologies to help the Product or Site analyze how users use the Product or Site. You can find out more about how Google uses data when you visit our Product or Site by visiting “How Google uses data when you use our partners’ sites or apps”, (located at www.google.com/policies/privacy/partners/).

Choices About How We Use and Disclose Your Information

We strive to provide you with choices regarding the personal information you provide to us. We have created mechanisms to provide you with the following control over your information:

To learn more about interest-based advertisements and your opt-out rights and options, visit the Digital Advertising Alliance and the Network Advertising Initiative websites (youradchoices.com and www.networkadvertising.org). Please note that if you choose to opt out, you will continue to see ads, but they will not be based on your online activity. We do not control third parties’ collection or use of your information to serve interest-based advertising. However, these third parties may provide you with ways to choose not to have your information collected or used in this way. You can also opt out of receiving targeted ads from members of the NAI on its website.

Accessing and Correcting Your Information

You can change your personal information sending us an email at support@www.biointellisense.com to request access to, or to correct or delete any personal information that you have provided to us. We may not be able to delete your personal information except by also deleting your user account where one exists. We may not accommodate a request to change information if we believe the change would violate any law or legal requirement or cause the information to be incorrect.

With respect to any PHI BioIntelliSense may obtain, you have certain rights under HIPAA to access your data, to restrict use and disclosure of it, to request communication methods, to request corrections to your data, to receive an accounting of disclosures and to receive notice of any breach. To exercise these rights, we may direct you to your Provider to fulfill your request, or seek your Provider’s permission to do so before fulfilling such request. See the Notice of Privacy Practices provided to you by your Provider for more information.

Data Security

Our goal is to protect your Personal Information submitted to us through this Product or Site. We maintain reasonable administrative, organizational, and technical safeguards to protect and limit access to your personal information. This includes encrypting the data at rest on the Product and within BioCloud as well as encrypting during transmission (in motion) between the Product(s) and to Application. However, no method of transmission over the Internet or electronic storage technology is 100% secure. Therefore, while we take reasonable measures to safeguard your personal information, we cannot guarantee its absolute security.

Although we do our best to protect your personal information, we cannot guarantee the security of your personal information transmitted via the Internet to our Product or Site. 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 Product or Site.

California Privacy Rights

These California Privacy Rights supplement the other information contained in our Privacy Policy and applies solely to all visitors, users, and others who reside in the State of California (“consumers” or “you”). This notice is to comply with the California Consumer Privacy Act of 2018 (“CCPA”) and any terms defined in the CCPA have the same meaning when used in this notice. We may update these California Privacy Rights as necessary and in the event of changes in the CCPA. These terms apply only to California residents. Please note that the CCPA expressly excludes personal information regulated under the California Confidentiality of Medical Information Act (CMIA) and protected health information (PHI) collected by a “covered entity” (e.g., a health care provider or insurance plan) or “business associate” (e.g., BioIntelliSense) that provides services to a covered entity governed by HIPAA.

Categories of Personal Information Biointellisense Collects – California Residents

As described in more detail in other areas of our Privacy Policy, we collect and/or disclose Personal Information about you when you visit use our Website or Application, including information about you that you provide to us, and information that we automatically collect from you or your computer or device as you use our Website or Application. Please refer to Information We Collect About You and How We Collect It for additional information and details.

Personal information does not include information that is: (a) publicly available information from government records; (b) de-identified or aggregated consumer information; or (c) certain information excluded from the scope of CCPA (e.g., PHI covered under HIPAA and medical information covered under the CMIA as discussed above).

Categories of Sources from which BioIntelliSense has collected Personal Information

We collect Personal Information directly from you, for example when you provide it to us to when you contact us to our Website for Application, for create an BioIntelliSense account; and indirectly from you automatically through your computer or device as you use our Website or Application. We may also collect Personal Information about you from our advertising partners and service providers.

Use of Personal Information Collected from California Residents

We do not sell your Personal Information and have not done so in the prior 12 months from the effective date of this Policy. We may use or disclose the personal information we collect for our business purposes described elsewhere in this Privacy Policy (for example, please refer to “How We Use Your Information” and “Disclosure of Your Information”).

Sharing Personal Information – California Residents

BioIntelliSense may disclose your Personal Information to a third party for one or more business purposes. When we disclose Personal Information for a business purpose, such as to service providers, we enter a contract that describes the purpose and requires the recipient to both keep that Personal Information confidential and not use it for any purpose except performing the contract.

Disclosures of Personal Information for Business Purposes:

We may disclose your Personal Information for our business purposes, such as your contact information, other information you have provided to us and unique identifiers that identify you to us or to our service providers, such as companies that assist us with marketing and advertising. Please refer to Information We Collect About You and How We Collect It for additional information and details.

We disclose your Personal Information to certain third parties such as our health care Provider partners, service providers, including companies that assist us with marketing and advertising. For additional information please refer to “How We Use Your Information” and “Disclosure of Your Information”).

Access Request Rights

California residence have the right to request that BioIntelliSense disclose certain information to you about our collection and use of your Personal Information over the past 12 months for the above business and commercial purposes. To submit an access request, see Exercising Access and Deletion Rights. Once we receive and confirm your verifiable consumer request, we will disclose to you:

Deletion Request Rights

California residents have the right to request that BioIntelliSense delete your Personal Information that we collected from you and retained, subject to certain exceptions. Once we receive and confirm your verifiable consumer request, we will delete (and direct our service providers to delete) your Personal Information from our records, unless certain exceptions apply.

Exercising Access and Deletion Rights

To exercise the access and deletion rights described above, please submit a verifiable consumer request to us by either:

Only you, or a person registered with the California Secretary of State that you authorize to act on your behalf, may make a verifiable consumer request related to your Personal Information. You may also make a verifiable consumer request on behalf of your minor child. You may only make a verifiable consumer request for access twice within a 12-month period. The verifiable consumer request must:

Non-Discrimination

We will not discriminate against you for exercising any of your CCPA rights. Unless permitted by the CCPA, we will not:

Other California Privacy Rights

California Civil Code Section 1798.83 (California’s “Shine the Light” law) permits users of our Website that are California residents and who provide Personal Information in obtaining products and services for personal, family, or household use to request certain information regarding our disclosure of Personal Information to third parties for their own direct marketing purposes. If applicable, this information would include the categories of Personal Information and the names and addresses of those businesses with which we shared your Personal Information with for the immediately prior calendar year (e.g. requests made in 2021 will receive information regarding such activities in 2020). You may request this information once per calendar year. To make such a request, please contact us by email at support@www.biointellisense.com.

Notice of Changes to Our Privacy Policy

We reserve the right to make changes to this Privacy Policy at any time. It is our policy to post any changes we make to our Privacy Policy on this page. If we make material changes to how we treat our users’ personal information, we will notify you by email to the email address specified in your account if we have an email address for you. All changes are effective immediately upon posting to this page; the date the Privacy Policy was last revised is identified at the top of the page. You are responsible for ensuring we have an up-to-date active and deliverable email address for you, and for periodically visiting this Privacy Policy to check for any changes.

Contact Information

To ask questions or comment about this Privacy Policy and our privacy practices, contact us at: BioIntelliSense, Inc., 17301 W Colfax Avenue, Suite 152 Golden, CO 80401; Email: support@www.biointellisense.com


Last modified September 2021