Direct Epsy Privacy Notice to Parents
This Direct Epsy Privacy Notice to Parents (“Direct Notice”) was last modified on and is effective as of 20th February 2020.
In this Direct Notice, LivaNova USA, Inc. (“we” or “us”) provides information to legal guardians and parents (collectively, “you” or “parents”) about how we intend to collect, use, disclose and otherwise process personal information about a child of yours who is under 13 years of age (“your child”) in connection with their use of our Epsy mobile application (our “App”), in accordance with requirements under the U.S. Children's Online Privacy Protection Act (“COPPA”).
1. YOUR CONSENT IS REQUIRED
We may have collected your online contact information from your child if your child tried to download our App, in which case we will use this information to contact you to seek your consent to the activities described in this Direct Notice.
Your consent is required before we will collect, use or disclose your child’s personal information. We will not collect, use, or disclose any personal information from your child if you do not provide such consent. We seek and obtain parents’ consent in connection with the App by requiring parents to complete, sign and submit a consent form that we send directly to parents in which they consent to our practices in collecting, using and disclosing their children’s personal information as set forth in this Direct Notice.
If you do not provide consent within a reasonable time from the date on which we directly send you this Direct Notice using your online contact information, we will delete your online contact information from our records.
2. WHAT PERSONAL INFORMATION DO WE COLLECT FROM YOUR CHILD?
We use your email address and a password from you to register an account on our App that your child may use (your “Account”). We do not collect your child’s email address or a password from your child to create your Account. You can view a general online notice of our information practices relating to the App here https://www.epsyhealth.com/privacy/epsy-app-privacy-notice
We collect various types of personal information from your child to provide them with the functionality of our App and improve it, as follows:
• Usage Information: When your child logs into your Account and uses our App, we collect the following information about your child:
a. Information you or the child provides to us: We collect information about your child when you or your child inputs your child’s clinical and medical history into the App, and when you or your child provide us with any feedback regarding our App or your child’s experience using it. The types of information we collect about your child include your child’s clinical history (e.g., date of diagnosis, date of electroencephalography, seizure type, seizure frequency, seizure intensity and recovery time, seizure duration, seizure logs), medication history (e.g., medication types and changes, medication adherence, side-effects from medications, medication refill timings), epilepsy triggers and mood ratings, discussions with your child’s care team and any feedback you or your child provide about the App or your child’s experience using it.
b. Location information: When you or your child allow our App to access your child’s location, we collect your child’s real-time geographical location.
c. Physiological information: When you or your child allow our App to access physiological information collected by an device used by your child (such as by syncing our App with the Health App on an device used by your child), we collect such physiological information including the times when your child sleeps, your child’s heart rate, and information about motions your child makes.
d. Technical information: We collect information about your child’s use of our App, including the type of device your child uses to access the App, the times that they accessed the App, the pages that your child viewed, your child’s App activity, and the IP address your child used to access the App.
• Request Information: If your child contacts us with a question, comment or request, we receive any information included in the question, comment or request.
3. HOW DO WE USE YOUR CHILD’S PERSONAL INFORMATION?
We use your child’s personal information to provide your child with the features of our App, to secure and optimize these features, to comply with our legal obligations, and to protect our and others’ legal interests. In particular, we use:
• Information about your child inputted directly into the App and your child’s location information and physiological information to provide features of the App that allow you and your child to: (i) track and view your child’s seizures, triggers and medications; (ii) analyze how factors such as stress, diet and sleep could be impacting your child’s seizures; and (iii) display your child’s medical information so that you and your child can discuss it with your child’s care providers.
• Technical Information to: (i) provide, monitor, secure, customize and optimize the services and features available to you and your child through our App; and (ii) provide you and your child with technical assistance.
• Request Information to respond to your or your child’s comments, questions and requests.
We also use your child’s personal information for the following purposes, as permitted by applicable law:
• Compliance with Laws: To perform activities necessary to ensure compliance with applicable national, state, provincial and other applicable laws, and to respond to requests from government authorities.
• Protection of Legal Interests, Health and Safety: To protect the legal interests, health or safety of a user, us, or other third parties, such as in the event of a complaint or dispute, or to perform credit recovery procedures or credit assignments to authorized third parties.
• Merger or Sale: In the event that we, or some or all assets related to our App are acquired by or merged with a third-party entity or in connection with a proposed or actual merger, acquisition, sale, or other change of control, we may use or transfer some or all of the personal information that we have collected about your child to determine whether to proceed with the transaction and execute the transaction if we decide to do so. We will use your child’s personal information as permitted by applicable law and take any steps required by law in connection with these activities.
4. WHAT PERSONAL INFORMATION DO WE DISCLOSE?
We will not disclose your child’s personal information to third parties, except in the following circumstances and in accordance with applicable law:
• With your verifiable consent;
• To our service providers and corporate affiliates, who act on our behalf and instructions to provide IT support and security services, and fulfill the other purposes set forth above;
• As required by applicable law, including, without limitation, in response to any government or regulatory agency request, to cooperate with law enforcement investigations, or upon receipt of any court order;
• To a prospective or actual purchaser or seller in the context of a merger, acquisition or other reorganization, sale or transaction involving our business or assets;
• To courts and public authorities to protect you, your child, us or third parties from harm, including fraud or instances where somebody’s physical safety is at risk.
5. WHAT RIGHTS DO YOU HAVE?
Under COPPA, you have the right at any time to review the information we have collected about your child. You may review some information that we have collected about your child by signing into your Account and reviewing the information presented via your Account. You may also exercise your right to review the information we have collected about your child by submitting a request to us using the contact details in Section 6 below. You also have the right under COPPA to have us delete the personal information we hold about your child, and to refuse to permit us to further collect or use your child’s personal information. To exercise these rights, please contact us using the contact details in Section 6 below with a description of your request.
6. CONTACT US
Our registered office is at 100 Cyberonics Boulevard, Houston, Texas, USA 77058.
If you have any questions about this Direct Notice or would like to exercise your rights in relation to personal information we may have about you, please contact us at DataProtection@LivaNova.com or 1-866-518-0999.
We will send you an updated privacy notice directly if we intend to change the information practices described in this Direct Notice in a manner that results in a material change to the ways in which we collect, use or disclose the personal information of a child of yours who is under the age of 13, to the extent required under COPPA.
Separate Privacy Policies apply to information that we collect outside of this website, including our other websites and any of our software applications.