Last Revised: September 18th,2020
TytoCare Ltd.together with its subsidiaries including without limitation Tyto Care Inc. (“Tyto“, “Company” “we” or “us“) respect the privacy of the Users of our Site and are committed to protect the Personal and Medical Information that Users share with us in connection with the use of the Site .
If you are a resident of California, please see our California Privacy Rights Statement for information about California Privacy Rights, and other required disclosures.
1. Scope and Applicability
2. Your Consent (PLEASE READ CAREFULLY!)
3. Types of information we may collect on our Users?
We may collect three types of data and information from our Users:
- Personal Information, which is information that identifies an individual or may with reasonable effort identify an individual, either alone or in combination with other information, or may be of private or sensitive nature of a User,all unless anonymized; and
- Non-personal Information, which is non-identifying and non-identifiable information, without particular reference to the identity of the User from or about whom such information was collected.
- Medical Information, which is any medical information, including physiological data of the body parts or organs, physiological data,diagnosis, tests, results, treatments, prescription, therapy, counseling, laboratory and any other health related information.
For the avoidance of doubt, any Non-personal Information connected or linked to any Personal Information shall be deemed as Personal Information as long as such connection or linkage exists. In this context it is important to note that Medical Information may be categorized as either Personal Information or Non-Personal Information in accordance with the definitions above and the characteristics of each specific item of Medical Information.
4. Categories of Personal Information; How we collect information of our Users
- Personal and Medical Information which you actively provide to us through the Site.This is information you intentionally and/or actively provide to us in the course of your use of the Site, including when you, including but not limited to when register and open a Site Account update your Site Account details when you provide additional information about yourself and/or about another person, full name, e-mail address, phone number, full address, username and password,relevant health services network, benefits and/or plans during your use of the Site or when you contact us directly.
- Personal Information which is being collected by us automatically when you use or access the Site.This is information which we automatically receive upon you access or interact with our Site .This information may include:
- IP address, UDID (Unique Device Identifier) or other persistent user and/or mobile device token (as applicable), geolocation, advertising ID, device type, operating system, browser type and version, screen resolution, browser and keyboard language, the User’s ‘click-stream’ and activities on the Site, the period of time the User visited the Site and related time stamps.
- Non-Personal Information is collected through your use of the Site. We may be aware of your use of the Site, and may gather, collect and record the information relating to such usage, either independently or through the help of our third-party services as detailed below. We may also collect Non-personal Information through the analysis aggregation and anonymization of Personal Information provided by you.
5. The Purposes and Legal Basis of the Collection, Processing and Use of Information
Legal Basis for Use
- With your consent: We ask for your agreement to collect and process your information for specific purposes and you have the right to withdraw your consent at any time.
Purpose of Use
We may use the Personal Information that we collect about you for the following purposes:
- To provide operate and improve the Site for our Users and to manage our business.
- To send you updates, notices, notifications, and announcement related to the Site as well as newsletters, coupons, commercial offers and additional communications regarding the Tyto Solution and our services.
- To verify your eligibility and deliver prizes in connection with promotions and referral programs we may hold from time to time;
- To be able to manage your Site Account and provide you with customer support services. to enable us to further develop, customize and improve the service based on Users’ common preferences, uses, attributes and anonymized or de-identified data;
- To create cumulative statistical data and other cumulative information and/or other conclusive information that is non-personal,to enable us to provide our Users with a better user experience with more relevant and accurate information, services, third party services, features and functionalities, statistical and research purposes, etc. and improve our Site.
- To prevent, detect, mitigate, and investigate fraud, security breaches or other potentially prohibited or illegal activities,
- To complete a transaction you wish to make through the Site,including the purchase and delivery of the Tyto Solution and our services.
- To comply with any applicable rule or regulation, to protect our legal interests and/or respond to or defend against (actual or potential) legal proceedings against us or our affiliates.
6. Sharing Information with Third Parties
Tyto will not share or otherwise allow access to any Personal it collects, or any Medical Information you provided to Tyto through the Site,to any third party, except in the following cases:
(a) Law enforcement, legal proceedings, and as authorized by law:We may disclose Personal Information to satisfy any applicable law, regulation, legal process, subpoena or governmental request;
(e)Benefit Plan Operators and Healthcare Networks:We may share your personal information, with your respective healthcare networks and benefit plan operators, where you wish to exercise any benefits or entitlements available through our Site vis a vis such networks and operators, for the purposes of allowing them and us to administer the services and benefits to which you are entitled.
For avoidance of doubt, Tyto may transfer and disclose to third parties or otherwise use Non-personal Information (which includes Medical Information which is Non-Personal including by being anonymized) at its own discretion.
7. Storage,Transfer and Retention of your Information
Information regarding the Users will be maintained, processed and stored by us and our authorized affiliates and service providers in the United States, Canada, EU and in Israel.
By providing your information, you expressly consent to the place of storage and transfer described above, including transfers outside of the jurisdiction in which the information was provided.
8. Updating, Obtaining a copy of, or Deleting of Personal Information
If for any reason you wish to exercise any rights to which you are entitled, under the law applicable to you, such as correction, deletion, access to and notification of the types of your Personal Information processed by us or on our behalf,or delete your Site Account, you may do so by contacting Tyto support at Support@tytocare.com.When handling these requests, we may ask for additional information to confirm your identity and your request.
Subject to limitations pursuant to applicable law and if entitled to the same there under, if you wish to exercise your right to access your Personal Information, you may be able to obtain the Personal Information you directly provided us (excluding data we obtained from other sources) in a structured, commonly used, and machine-readable format and may have the right to transmit such data to another party. We may provide such access through the Site .
Please note, upon request to delete your Personal Information, we will delete any such Personal Information pursuant to any applicable privacy laws or otherwise de-identify any such Personal Information and thereby transform it to become Non-Personal Information. We may retain such data in whole or in part to comply with any applicable rule or regulation and/or to respond or defend against legal proceedings versus us or our affiliates.
To find out whether these rights apply to you and on any other privacy related matter, you can contact your local data protection authority if you have concerns regarding your rights under local law.
If You have added and listed a User under the age of 18 you hereby declare to Tyto that You are the parent or legal guardian of such User with sufficient rights to do so.
In the event that it comes to our knowledge that a person under the age of eighteen (18) is using our Site, not in accordance with the above mentioned terms, we will use our best efforts to prohibit and block such User from accessing our Site and will use our best efforts to promptly delete any Personal Information.
10. Local Storage and Third Party Software/Service, Cookies and other Tracking Technology
Local Storage. When you access or use the Site, we may use industry-wide technologies which temporarily store certain information on your end device(such as your smartphone, your computer or other browsing device) (“Local Storage“), and which will allow us to enable proper use of the Site, automatic activation of certain features, make your browsing experience much more convenient and effortless and to provide our customers and potential customers with more relevant advertisements of the Tyto Solution and our services. The Local Storage is created per session and may be deleted by you or otherwise configured by you to not accept any such local storage. We also use certain monitoring and tracking technologies, including ones offered by Third Party Service Providers in order to collect and process Personal Information we specified above. For example, these technologies enable us to: (i) keep track of and apply our customer’s and potential customers’ Site preferences and authenticated sessions, (ii) better secure our Site by detecting abnormal behaviors, (iii) identify technical issues and improve the overall performance of our Site; (iv) monitor and analyze our ads’ performance; (v) create and monitor analytics relating to use of our Site; and (v) deliver to you targeted advertisements that are more tailored to you based on your browsing activities and inferred interests.
- Google Adwords: policies.google.com
- Facebook: facebook.com
- Twitter: policies-for- conversion-tracking-and-tailored-audiences
- YouTube: youtube.com/account_privacy
If you wish to opt-out of such re-targeting and tracking functionality of the Social Ad Platforms, you may do so at the following links:·
- Google Adwords: adssettings.google.co.il
- Facebook: https://www.facebook.com/settings/?tab=ads
- Twitter: privacy-controls-for-tailored-ads
- LinkedIn: linkedin.com
- YouTube: adssettings.google.com
11. Direct Marketing
If you provide us with your contact details through the Site o, for the purpose of receiving from Tyto different offers with respect to the Tyto Solution or services,you hereby agree that we may use such contact details, in order to contact you, inform you regarding our products and services which may interest you, and send you other marketing material, including news and updates by transmission to the e-mail address or phone number you have provided.
You may withdraw your consent by sending us a written notice via email to the following address: email@example.com.
We take a great care in implementing and maintaining the security of the Site, and our Users’ Personal Information. Our Users Personal Information, or parts thereof, are hosted on IN MOTION and FRANTIC, LLC, which provides advanced security features. Tyto employs industry standard procedures and policies to ensure the safety of its Users’ Personal Information, and prevent unauthorized use of any such information, including secured transmission protocols and AES 256-bit encryption. However, we do not and cannot guarantee that unauthorized access will never occur.
We urge you to use the strongest password combination available on your browsing device and employ reasonable physical security means to protect unauthorized access.
13. Third Party Websites
15. Compliance with HIPAA Privacy Regulations
Where applicable, our privacy practices are intended to comply with our obligations as a Business Associate with respect to your health care provider under the Health Insurance Portability and Accountability Act of 1996 (“HIPAA“). In such event, we will maintain the privacy of your Personal Information as required by HIPAA and by any Business Associate Agreement we might have with your healthcare provider. We encourage you to review your healthcare provider’s Notice of Privacy Practices, which describes how your Provider may use and disclose your PHI to us and others.
16. Notice of Electronic Disclosure
The following notice is made pursuant to Section 181.154 to the Texas Health and Safety Code to the extent applicable – Subject to and in accordance with the terms hereof, PHI may be stored, processed, conveyed, and in some instances, disclosed in an electronic format. Tyto will provide you with a written notice and request a separate authorization in the event of electronic disclosure other than for the purpose of treatment, payment, health care operations, or as otherwise authorized or required by state or federal law.
17. General Information
- a) If your primary residence is in the USA, the governing law and the exclusive jurisdiction shall be the laws of the state of New York and the city of New York (respectively);
- b) if your primary residence is in Europe, the governing law and the exclusive jurisdiction shall be the laws of England and Wales and the city of London (respectively);
- c) If your primary residence is in Israel or in any other territory not mentioned in a) or b) above, the governing law and the exclusive jurisdiction shall be the laws of the State of Israel and the city of Tel Aviv.
18. Have any Questions?
By contacting us, you represent that you are free to do so and that you will not knowingly provide Tyto with information that infringes upon third parties’ rights, including any intellectual property rights. You further acknowledge that notwithstanding anything herein to the contrary, any and all rights, including intellectual property rights in such information provided, shall belong exclusively to Tyto, and Tyto may use or refrain from using any such information at its sole discretion.
You should not share any Medical Information when communicating with Tyto’s support and customer service team.