HealthPulse TestNow Privacy Policy
This Privacy Policy (“Privacy Policy”) describes the data collection practices of Audere, a nonprofit corporation (“Audere”, “we” or “us”) and how we collect, use, store, process, transfer and protect your personal information in accordance with the requirements of the applicable and/or relevant Data Protection Laws of the country where our services are being provided. This Privacy Policy applies to the information we collect through the HealthPulse TestNow applications and chatbots (mobile or otherwise) maintained by Audere (collectively, “Apps”). This is inclusive of any messaging in connection with Apps and any other related services (collectively, the “Services”).
Consent
Please carefully review this Privacy Policy. By using HealthPulse TestNow Websites, Apps or Services, you acknowledge and accept all of the terms and provisions described in this Privacy Policy. If you do not agree with or you are not comfortable with any aspect of this Privacy Policy you should immediately discontinue use of our Services.
Collection of information
Protecting your private information is our priority. We collect your information primarily to satisfy the purposes for why you decided to use HealthPulse TestNow. For its use in connection with COVID-19 we use the data collected in order to respond to and report to public health authorities or to support COVID-19 related efforts or epidemiological research.
Information you voluntarily provide
Personally Identifiable Information. When you leverage Audere Services we may collect, use, store, process, transfer and protect Personal Information, such as:
First and Last Name
Age or date of birth
Sex
Ethnicity
ID number
Residential City/State/Country/Postal code
Phone Number
Personal Health Information. Information regarding your illness conditions, other health-related information, photo captures relevant to medical conditions, and other information that you enter into a questionnaire or features while using our Services, such as:
Pregnancy status
Vaccination status
Specific symptoms being experienced
Dates test was administered using the App
Test results
Participant Care. When you contact the customer support team or correspond with us about our Services, we collect information to track and respond to your inquiry; investigate any breach of this Privacy Policy or applicable laws/regulations; and analyze and improve our Services.
Log and device information
We collect log information about your use of Audere Apps, including access times, pages viewed and your IP address. We collect information about the smartphone you use to access Audere Apps, including the hardware model, operating system and version, unique device identifiers and mobile network information.
TestNow uses smartphone functionality in connection with providing Services. Specifically HealthPulse TestNow may use the following smartphone functions:
Camera: Needed to scan the code on the test cassette and capture a photo of the test result. The photo will be de-identified and used to ensure that the test worked as expected. Images may be stored for analysis.
GPS Location: If you grant access to your location, HealthPulse TestNow may collect location information using smartphone GPS services, which provides de-identified location data regarding where Apps are used.
Other Types of Information
We continuously work to enhance our Services with new products, applications and features that may result in the collection of new and different types of information. We will update our Privacy Policy where applicable and as needed.
How we use your information
We use the information we collect only in the ways that are described in this Privacy Policy. All use of the information collected is based on your consent as a user. You may withdraw your consent for Audere to use your information at any time by contacting us at privacy@auderenow.org, however, the written withdrawal of your consent will not affect the lawfulness of processing your information based on consent provided to us before its withdrawal.
To satisfy the purpose for which you provide information
We use the information we collect to provide our Services. These activities may include, among other things, using your information to:
communicate with you, and implement your requests;
enable and enhance your use of Apps, including authenticating your visits and tracking your usage of our Services;
contact you about your account, and any relevant information about our Services (e.g. policy changes, security updates or issues, etc.);
monitor, detect, investigate and prevent prohibited or illegal behaviors on our Services, to combat security risks;
where necessary your information may be retained for legal or research purposes; and
carry out any other purpose described to you at the time the information was collected
To analyze and improve our Services
We use de-identified copies of information we collect to perform research & development activities, which may include, for example, conducting data analysis and research in order to develop new or improve existing products and services, and performing quality control activities. De-identified data is maintained for an unlimited period of time for the purpose of improving the quality of the Services provided.
To provide user support
When you contact us, we may use or request Personal Information, including Personal Health Information, as necessary to answer your questions, resolve disputes, and/or investigate and troubleshoot problems or complaints.
Sharing of Information
We may disclose aggregated information about our users, and information that does not identify any individual, without restriction. In addition, you agree that we have the right to disclose personal information that we collect or you provide:
To third-party service providers
We share the information we collect with third party service providers, as necessary for them to satisfy the purposes for which you opted in to use our Services. This includes your health insurance company-related information which you provide to us and which we may provide to your health insurance company for them to reimburse you for using our services, in accordance with their rules and regulations. Our service providers act on our behalf. Audere implements procedures and maintains contractual terms with each service provider to protect the confidentiality and security of your information.
To aggregate information
We may share with third party service providers aggregate or de-identified information which cannot reasonably be used to identify you.
As required by law
Under certain circumstances your Personal Information may be subject to processing pursuant to laws, regulations, judicial or other government subpoenas, warrants, or orders. We will preserve and disclose any and all information to law enforcement agencies or others if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with a legal or regulatory process (such as a judicial proceeding, court order, or government inquiry) or obligations that we may owe pursuant to ethical and other professional rules, laws, and regulations; (b) enforce our rights under the EULA and other policies; (c) respond to claims that any content violates the rights of third parties; or (d) protect the rights, property, or personal safety of Audere, its respective employees, users, clients, and the public.
To help with public health issues
In order to respond to and report to public health authorities in connection with COVID-19 or any other reportable condition, Audere is required to collect and share certain personal information about you with public health authorities. This information will be shared only with the public health authorities in compliance with applicable law and may include:
First and Last Name
Age or date of birth
Sex
Ethnicity
ID number
Residential City/State/Country/Postal code
Phone Number
Pregnancy status
Vaccination status
Specific symptoms being experienced
Dates test was administered using the App
Location where the test was taken
Test results
This information is acquired to fulfill Audere’s legal reporting requirements shared only with the applicable public health authorities based on the residential address of the person being tested and the Federal authorities.In support of business transactions
In the event that Audere goes through a business transition such as a merger, acquisition by another company, or sale of all or a portion of its assets, your Personal Information will likely be among the assets transferred. In such a case, your information would remain subject to the promises made in any pre-existing Privacy Statement.
Security measures
Audere takes reasonable physical, technical, and administrative measures to prevent unauthorized access to or disclosure of your information, to maintain data accuracy, to ensure the appropriate use of information, and otherwise safeguard the information we collect. THIS NOTWITHSTANDING, NO DATA TRANSMISSION OVER THE INTERNET OR ANY WIRELESS NETWORK CAN BE GUARANTEED TO BE PERFECTLY SECURED. AS A RESULT, WHILE WE WILL TAKE REASONABLE STEPS TO PROTECT YOUR PERSONAL INFORMATION USING COMMERCIALLY AVAILABLE AND INDUSTRY STANDARD TECHNOLOGY, WE CANNOT GUARANTEE THE SECURITY OF ANY INFORMATION YOU TRANSMIT TO US, AND YOU DO SO AT YOUR OWN RISK.
We produce secure applications by design. We incorporate explicit security reviews in the software development lifecycle, quality assurance testing and operational deployment.
De-identification/Pseudonymization. If data is shared with partners, Personally Identifiable Information is stripped from Personal Health Information and is shared as de-identified information. All de-identified information is referenced using a randomly generated ID.
Encryption. We use industry standard security measures to encrypt all Personally Identifiable Information and Personal Health Information both at rest and in transit.
Separation of Environments. We ensure test, production, and research environments (as needed to satisfy the purpose for which you provide information) are separated and access to each environment is restricted.
Limiting access to essential personnel. We limit access to Personal Information to authorized personnel, based on job function and role. Our access controls include multi-factor authentication.
Detecting threats and managing vulnerabilities. We have a vulnerability disclosure program (https://auderenow.org/security), and also have vulnerability scanning incorporated in our codebase using automated tools that detect new vulnerabilities that we then patch.
Managing third party service providers. We require service providers to implement and maintain accepted industry standard administrative, physical and technical safeguards to protect Personal Information.
Your Responsibility. Audere cannot secure Personal Information that you release on your own or that you request us to release.
Minor’s privacy
We are committed to protecting the privacy of minors as well as adults. Audere Services are NOT specifically designed for, intended to attract, or directed toward minors under the age of 18. If Audere Services are used for a minor under the age of 18, we ask that it is done under the supervision of a parent or guardian. If a minor under the age of 18 has provided us with information, a parent or guardian of that minor child may contact us and request that such information be deleted from our records.
Linked websites
We may provide links to third party websites operated by organizations not affiliated with us. We do not disclose your information to organizations operating such linked third-party websites. We do not review or endorse, and are not responsible for the privacy practices of these organizations. We encourage you to read the privacy statements of each and every website that you visit. This Privacy Statement applies solely to information collected by us and our service providers on our behalf.
Prohibited uses
You are prohibited from using the services or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, national, provincial or local regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the service; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; (k) any use or action that imposes an unreasonable or disproportionately large load of traffic on the Site, (l) in a manner that otherwise interferes with its proper and timely functioning or interferes with or circumvents the security features of our services. We reserve the right to terminate your use of our services for violating any of the prohibited uses.
Your Rights
You have the following rights:
Access to information: You have the right to request a copy of the personal information we hold about you. To do this, simply contact us at privacy@auderenow.org and specify what information you require. We will need a copy of your ID document to confirm your identity before providing details of your personal information.
Please note that any such access request may be subject to a payment of a legally allowable fee.
Correction of your information: You have the right to ask us to update, correct or delete your personal information. We will require a copy of your ID document to confirm your identity before making changes to personal information we may hold about you. We would appreciate it if you would keep your personal information accurate.
Deletion of your information: You have the right of erasure of Personal Information ("right to be forgotten") if such information is no longer needed for the original processing purpose, alternatively if a user withdraws their consent and there is no other reason or justification to retain such Personal Information, or, if a user has objected to such Personal Information being processed and there is no justified reason for the processing of such Personal Information;
Restriction of your information: You have the right to restrict/suspend processing of Personal Information to only that which is strictly necessary for us to perform our services to you;
Complaint: You have the right if we breach any of the terms of this Privacy Policy, to complain to the requisite data protection authority in your territory;
Withdrawal of consent: You have the right to withdraw your consent at any time, if processing of Personal Information is based on consent;
Objection: You have the right to object to processing of Personal Information, if such processing is based on legitimate interests; and
Direct marketing: You have the right to object to the processing of Personal Information for direct marketing purposes.
The rights described above may be limited by local laws. Further, your right of access and deletion is not absolute and may not be available if fulfillment of such right would, among other things:
cause interference with execution and enforcement of the law and legal private rights (such as in the case of the investigation or detection of legal claims or the right to a fair trial);
breach or prejudice the rights of confidentiality and security of others;
prejudice security or grievance investigations, corporate reorganizations, future and ongoing negotiations with third parties, the compliance with regulatory requirements relating to economic and financial management; or
otherwise violate the interests of others or where the burden or cost of providing access would be disproportionate.
Complaints. If you believe that we have infringed your rights, we encourage you to contact us so that we can try to address your concerns or dispute informally.
Direct marketing
Audere does not disclose any personal information to third parties for their direct marketing purposes.
Indemnification
You agree to indemnify, defend and hold harmless Audere and our subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensor’s, service providers, subcontractors, suppliers, interns and employees, from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of this privacy policy, or your violation of any law or the rights of a third-party.
Changes to this Privacy Statement
Audere may amend this Privacy Policy to reflect changes in the law, our organizations, our Services, our data collection use and practices, or advances in technology. Our use of the information we collect is subject to the Privacy Policy in effect at the time such information is collected. Depending on the type of change, we may notify you of the change by posting on this page or by email. Please carefully review any changes made to this Privacy Policy.
Contact us
If you have questions about this Privacy Policy, or wish to submit a complaint, please email us at privacy@auderenow.org.
Effective date: August 2022