PRIVACY POLICY

The CLINIQUE VIVACITÉ Privacy Policy applies to Personal health Information that is collected, used and/or disclosed by CLINIQUE VIVACITÉ, CLINIQUE VIVACITÉ’s remote personal health data monitoring solution and services.

Definition of personal information

For the purpose of this Privacy Policy, Personal Information means information about an individual which includes personal information (such as name, age, weight, height, etc…), health information (such as blood pressure, blood sugar, heart rate, temperature, oximetry, lab results, etc…) as well as wellness activities (such as steps, mood, sleep duration, etc…).

Identifying purposes for collection of personal information

CLINIQUE VIVACITÉ shall identify the purposes for which Personal Information is collected at or before the time the information is collected. CLINIQUE VIVACITÉ collects Personal Information for the provision of products and services to its customers, in compliance with contractual obligations.

CLINIQUE VIVACITÉ shall use reasonable efforts to ensure that a customer is advised of the identified purposes for which Personal Information will be used or disclosed. Purposes shall be stated in a manner that can be reasonably understood by the customer (for example in the contractual agreement).

Obtaining consent for collection, use or disclosure of personal information

The knowledge and consent of the individual are required for the collection, use or disclosure of Personal Information. CLINIQUE VIVACITÉ will require customers to consent to the collection, use or disclosure of Personal Information as a condition of the supply of a product or service only if such collection, use or disclosure is required to fulfill the identified purposes. A customer may withdraw consent at any time, subject to legal or contractual restrictions and reasonable notice.

Limiting use, disclosure and retention of personal information

CLINIQUE VIVACITÉ requires an Internet connection to enable communications with the customer's back-end data hosting.

CLINIQUE VIVACITÉ is intended for use by customer who are able to operate it in accordance with its instructions for use.

CLINIQUE VIVACITÉ is not intended for emergency medical communications or real-time patient monitoring.

CLINIQUE VIVACITÉ shall not use or disclose Personal Information for purposes other than those for which it was collected, except with the consent of the customer (either corporate or individual) or as required by law.

CLINIQUE VIVACITÉ shall keep Personal Information only as long as it remains necessary or relevant for the identified purposes or as required by law.

Unless required by law, CLINIQUE VIVACITÉ shall not use or disclose, for any new purpose, Personal Information that has been collected without first identifying and documenting the new purpose and obtaining the consent from the customer.

Accuracy of personal information

Personal Information used by CLINIQUE VIVACITÉ shall be sufficiently accurate, complete and up-to-date to minimize the possibility that inappropriate information may be used for the provision of products and services.

Access to personal information

Upon written request, CLINIQUE VIVACITÉ shall inform a customer of the existence, use and disclosure of his or her Personal Information and shall provide a reasonable opportunity for the customer to review the relevant Personal Information in the individual’s file. Personal Information shall be provided in understandable form within a reasonable time and at minimal or no cost to the individual.

In certain situations, CLINIQUE VIVACITÉ may not be able to provide access to the Personal Information that they hold about a customer. For example, CLINIQUE VIVACITÉ may not provide access to information if doing so would likely reveal Personal Information about a third party, could reasonably be expected to threaten the life or security of another individual, is available by other more appropriate means, and/or would be prohibitively costly.

CLINIQUE VIVACITÉ shall promptly correct or complete any Personal Information found to be inaccurate or incomplete. Any unresolved differences as to accuracy or completeness shall be noted in the individual’s file. Where appropriate, CLINIQUE VIVACITÉ shall transmit to third parties having access to the Personal Information in question any amended information or the existence of any unresolved differences.

Use of commercial Devices

At the user’s discretion, CLINIQUE VIVACITÉ may be connected to health measuring and activity tracking devices. Some of the manufacturers of these devices have elected to use Bluetooth LE (low-energy) communication to allow immediate retrieval of data from their devices or from the device manufacturer’s portal through an API provided by the manufacturer. CLINIQUE VIVACITÉ is not responsible for the integrity of the data that has been retrieved from the device directly or the manufacturer’s portal.