Epsy Privacy Notice

Epsy Privacy Notice

This Epsy Privacy Notice (“Privacy Notice”) was last modified on and is effective as of February 20, 2020.

In this Privacy Notice, LivaNova USA, Inc. (“we or us”) provides information about how we collect, use, disclose and otherwise process personal information about any user (“you”) of our Epsy mobile application (our “App”).

If you are a parent or legal guardian (collectively, “parent”) of an Epsy user who is under the age of 13 located in the U.S., please also review our Direct Epsy Privacy Notice to Parents here https://www.epsyhealth.com/privacy/epsy-app-direct-epsy-privacy-notice-to-parents to view information about how we process information about your child and your rights under the U.S. Children’s Online Privacy Protection Act.

1. WHAT PERSONAL INFORMATION DO WE COLLECT?

We collect various types of personal information to provide you with the functionality of our App and improve it, as follows:

Account Information: When you register to use our App, we collect your email address and password (or those of your parents if you are under 13).

Usage Information: When you log in to your account and use our App, we collect the following information:

a. Information you provide to us: We collect information when you input your clinical and medical history into the App, and provide us with any feedback regarding our App or your experience using it. The types of information we collect include your 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 care team and any feedback you provide about the App or your experience using it.

b. Location information: When you allow our App to access your location, we collect your real-time geographical location.

c. Physiological information: When you allow our App to access physiological information collected by your device (such as by syncing our App with the Health App on your device), we collect such physiological information including the times when you sleep, heart rate, and information about motions you make.

d. Technical information: We collect information about your use of our App, including the type of device you use, the times that you accessed our App, the pages of our App that you viewed, your activity on the App, and the IP address you use to access the App.

Request Information: We collect personal information that allows us to be in contact with you (such as name, email address, phone number and address) and other personal information that you voluntarily provide to us when you contact us with a question, comment or request in relation to our products and services.

2. HOW DO WE USE YOUR PERSONAL INFORMATION?

We use your personal information to provide you 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:

Account Information to: (i) create and manage your account; (ii) communicate with you in relation to your account; and (iii) provide you with assistance on how to use our App.

Information you input directly into the App, location information and physiological information to provide features of the App that allow you to: (i) track and view your seizures, triggers and medications; (ii) analyze how factors such as stress, diet and sleep could be impacting your seizures; and (iii) display your medical information so that you discuss it with your care providers.

Technical Information to: (i) provide, monitor, secure, customize and optimize the services and features available to you through our App; and (ii) provide you with technical assistance.

Request Information to respond to your comments, questions and requests.

We also use your personal information for the following purposes, as permitted by applicable law:

• Performance of Contracts with You: To perform our obligations and exercise our rights under the Terms of Use or any other agreement relating to our App that you (or your parents if you are under 13) conclude with us.

• 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.

• Marketing Activities: As permitted by applicable law, including with your consent where required, we may use your contact information to provide you with marketing communications, promotional offers and updates on new services and benefits, which you may unsubscribe from by contacting us or following the instructions in the communication.

• 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 you to determine whether to proceed with the transaction and execute the transaction if we decide to do so. We will use your personal information as permitted by applicable law and take any steps required by law in connection with these activities.

3. WHAT PERSONAL INFORMATION DO WE DISCLOSE?

We will not disclose your personal information to third parties, except in the following circumstances and in accordance with applicable law:

• With your 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, us or third parties from harm, including fraud or instances where somebody’s physical safety is at risk.

4. WHAT RIGHTS DO YOU HAVE?

Under applicable laws, you may have rights to access, update, rectify, port or erase certain personal data that we have about you or restrict or object to certain activities in which we engage with respect to your personal data. To submit a request to exercise any such rights, please contact us via the contact details in Section 6 below. If you have such rights and your request complies with the requirements under applicable laws, we will give effect to your rights as required by law.

5. CALIFORNIA DISCLOSURES

We use the information you provide in connection with your use of the App in accordance with the California Confidentiality of Medical Information Act and all other applicable California laws. The California Consumer Privacy Act of 2018 (CCPA) does not apply to medical information governed by the California Confidentiality of Medical Information Act.

6. CONTACT US

Our registered office is at 100 Cyberonics Boulevard, Houston, Texas, USA 77058.

If you have any questions about this Privacy 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.

7. AMENDMENTS

We may update this Privacy Notice from time to time to reflect changes to our information practices. When we change the policy in a material way, we will provide you with notice as required by applicable law, including notifying you based on the contact details we have on file and posting an updated version of the Privacy Notice via the App prior to the changes coming into effect. We encourage you to periodically review this page for the latest information on our privacy practices.