Epsy Nevada and Washington Consumer Health Data Privacy Statement

This Epsy Nevada and Washington Consumer Health Data Privacy Statement (the “Health Data Privacy Statement”) supplements the Epsy Privacy Policy. It applies to Nevada and Washington consumers and consumer health data collected in the States of Nevada and Washington, respectively, in connection with use of the Epsy App. This Health Data Privacy Statement uses certain terms that have the meaning given to them in the Nevada Consumer Health Data Privacy Law and the Washington My Health My Data Act, as applicable.

  1. Collection and Use of Consumer Health Data

We may collect the following  categories of consumer health data about you, including:

  • Clinical and medical history (such as date and nature of diagnosis, date of electroencephalography, seizure type, seizure frequency, seizure intensity and recovery time, seizure duration, seizure logs, allergies, and information about your treating physician); 
  • Medication  history  (such  as  medication  types,  dosages  and  changes  to medications  or  dosages,  medication  adherence,  medication  schedule, medication side effects, and medication refill timings); 
  • Information about social, psychological, behavioral and medical interventions (such  as  information  about  any  implanted  medical  devices,  medical appointments and discussions with your medical care team, and details about treatments); 
  • Bodily functions, vital signs, symptoms or similar measurements (such as epilepsy triggers, mood ratings, sleep-related information, heart rate, and information about motions you make); and
  • Other information you choose to provide, such as responses to questionnaires or feedback you provide about the Platforms or your experience using them, to the extent that information relates to your past, present or future health status.

We may collect and use consumer health data to provide you with the products and services you request, and for the purposes described in the Epsy Privacy Policy. Where required by applicable law, we will obtain your consent to collect and use your consumer health data.

  1. Sources of Consumer Health Data

We may collect consumer health data about you from: 

  • you or your devices (for example, through your use of our products, services and Platforms);
  • third-party devices and apps you choose to connect to our services;
  • social networks;
  • our affiliates and subsidiaries; and 
  • vendors who provide services on our behalf.

  1. Sharing of Consumer Health Data 

We may share the categories of consumer health data described in Section 1 of this Health Data Privacy Statement with the parties described in the Epsy Privacy Policy, such as our affiliates listed here. Where required by applicable law, we will obtain your consent to share your consumer health data.

  1. Nevada and Washington Consumer Rights 

If you are a resident of Nevada or Washington, you have certain rights and choices regarding our use and disclosure of your consumer health data, as described below.

  • Confirm: You have the right to request that we disclose to you whether we collect, share or sell your consumer health data.
  • Access:  You have the right to request access to, and information about, the consumer health data we have collected, shared or sold about you.  
  • Delete: You have the right to request that we delete your consumer health data.  
  • Withdraw: If, where required under applicable law, you have provided your consent to LivaNova to collect, use and share your consumer health data, you have the right to withdraw your consent.
  • Cease: In addition, you may have the right to request that we cease the collection, sharing or sale of your consumer health data.

How to Submit a Request: 

You can download a copy of your consumer health data or request to delete your consumer health data by logging in to your account in the Epsy App. You can also submit a request, or withdraw your consent where required under applicable law, by clicking here or calling us at +1 832 426 2127. You may appeal a decision regarding a request you have submitted by emailing us at dataprotection@livanova.com.