Privacy Policy

Website Privacy Policy

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 .

This Privacy Policy (the “Website Privacy Policy“) is intended to describe our practices regarding the information we may collect from you when you use and access our WebSite located at www.tytocare.com and any of its sub domains (the “Site“)the manners in which we may use such information, and the options and rights available to you.

Capitalized terms which are not defined herein, shall have the meaning ascribed to them in our Website Terms of Use available at LINK(the “Website TOU“), which this Website Privacy Policy is incorporated thereto by reference.

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

This Website Privacy Policy applies only in connection with your use of the Site. This Website Privacy Policy does not apply to any use of the Tyto Solution (as defined below) including any Tyto Care tele health communication services, Tyto Care mobile, desktop and web applications and/or to the Tyto Care devices, use of which is governed solely by our Tyto Services Terms of Use and the Tyto Services Privacy Policy (together the “Solution Terms”).

2. Your Consent (PLEASE READ CAREFULLY!)

BY ENTERING, CONNECTING TO, ACCESSING OR USING THE SITE , YOU AGREE TO THE TERMS AND CONDITIONS SET FORTH IN THIS WEBSITE PRIVACY POLICY, INCLUDING THE COLLECTION AND PROCESSING OF YOUR PERSONAL AND ANY MEDICAL INFORMATION YOU ACTIVELY PROVIDE US THROUGH USE OF THE SITE(AS DEFINED BELOW). IF YOU DISAGREE TO ANY TERM PROVIDED HEREIN, YOU MAY NOT ACCESS AND/OR USE THE SERVICE IN ANY MANNER WHATSOEVER.

To the extent that you use or access the Site on behalf of a person who is not you, such use must be conducted solely in strict compliance with the TOU and the terms hereof and you shall be solely responsible to have or receive and hereby represent that you have or received the consent, authority, permission and approval of such person to provide the Personal Information detailed above and allow Tyto to collect, store, and use such personal Information in accordance with this Website Privacy Policy. If you are acting on behalf of another person who is a minor, you must also follow the terms in Section 7 herein.

IMPORTANT:

PLEASE NOTE: YOU ARE NOT OBLIGATED TO PROVIDE US WITH ANY PERSONAL OR MEDICAL INFORMATION. YOU HEREBY ACKNOWLEDGE AND AGREE THAT YOU ARE PROVIDING US WITH SUCH INFORMATION AT YOUR OWN FREE WILL, FOR THE PURPOSES DESCRIBED IN SECTION ‎4 BELOW, AND THAT WE MAY USE, PROCESS AND RETAIN SUCH PERSONAL OR MEDICAL INFORMATION IN ACCORDANCE WITH THIS WEBSITE PRIVACY POLICY AND SUBJECT TO ANY APPLICABLE LAWS AND REGULATIONS.

3. Types of information we may collect on our Users?

We may collect three types of data and information from our Users:

  1. 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
  2. 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.

We will not collect any Personal Information from you or related to you without your approval, which is obtained, inter alia, through your active acceptance of the TOU and this Website Privacy Policy.

  • 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

We collect, process and use your Personal Information for the purposes described in this Website Privacy Policy, based at least on one of the following legal grounds:

  • In Performing an agreement with you: We collect and process your Personal Information in order to provide you with the Site , following your acceptance of this Website Privacy Policy and pursuant to the Terms of Use; to maintain and improve our services to you; to develop new services and features for our Users; and to personalize the use of the Site in order for you to get a better user experience.
  • 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.
  • Legitimate interest: We process your information for our legitimate interests while applying appropriate safeguards that protect your privacy. This means that we process your information for things like detecting, preventing, or otherwise addressing fraud, abuse, security, usability, functionality or technical issues with our services, protecting against harm to the rights, property or safety of our properties, or our users, or the public as required or permitted by law; Enforcing legal claims, including investigation of potential violations of this Website Privacy Policy; in order to comply and/or fulfill our obligation under applicable laws, regulation, guidelines, industry standards and contractual requirements, legal process, subpoena or governmental request, as well as our TOU.

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;

(b) Protecting Rights and Safety: We may share Personal Information to enforce this Website Privacy Policy and/or the Website TOU, including investigation of potential violations thereof; to detect, prevent, or otherwise address fraud, security or technical issues; ; to respond to claims that any content available on the Site violates the rights of third-parties; to respond to claims that contact information (e.g. name, e-mail address, etc.) of a third-party has been posted or transmitted without their consent or as a form of harassment; and to protect the rights, property, or personal safety of Tyto, any of its Users, or the general public;

(c) Our Affiliated Companies: We may share Personal Information internally with our family of companies for the purposes described in this Website Privacy Policy. In addition, when Tyto or any of our affiliated companies is undergoing any change in control, including by means of merger, acquisition or purchase of all or substantially all of its assets, we may share Personal Information with the parties involved in such event. If we believe that such change in control might materially affect your Personal Information then stored with us, we will notify you of this event and the choices you may have via e-mail and/or prominent notice on our Site;

(d) Third Party Services: We partner with certain third parties to provide selected services that are used to facilitate and enhance the Site and your use thereof (“Service Providers”). Such Third Party Service Providers may have access to, or process on our behalf Personal Information which we collect, hold, use, analyze, process and/or manage.These Service Providers include hosting, database and server co-location services (e.g. In Motion,Frantic, LLC), data analytics services (e.g. Google Analytics), session replay records for app analytic purposes such as crashes, functionality and usability (e.g. Crashlytics), remote access services (e.g. RedBand), data and cyber security services (e.g. Incapsula), fraud detection and prevention services (e.g. Amazon Web Services), e-mail and text message distribution and monitoring services (e.g. Active Campaign), payment processors (e.g. Instamed) dispute resolution providers, customer support and call center services (e.g. Iqor), and our business, legal and financial advisors (collectively, “Third Party Service Providers”). We remain responsible for any Personal Information processing done by Third Party Service Provider on our behalf, except for events outside of our and/or their reasonable control, and except with respect to Third Party Service Providers with which you are contractually engaged, either through a prior separate contractual engagement and/or through acceptance of their privacy policy and terms of use if such are referenced herein.

(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.

While the data protection laws in the above jurisdictions may be different than the laws of your residence or location, please know that we, our affiliates and our service providers that store or process your Personal Information on our behalf are each committed to keep it protected and secured, pursuant to this Website Privacy Policy and industry standards, regardless of any lesser legal requirements that may apply in their jurisdiction.

Specifically, each of our Third Party Service Providers which store or process your Personal Information either:(i) assured us that they provide adequate safeguards to protect your rights to privacy; (ii) where applicable, hold and process such information on our behalf in a jurisdiction which has been determined to ensure an adequate level protection by the EU Commission; (iii)perform such processing pursuant to your consent and acceptance of their privacy policy as further detailed in section 6(d) above. Unless you notify us of your request to delete your Site Account as specified in Section ‎‎8below, we may maintain your inactive Site Account, including all data and reports therein, for a limited period, in order to allow you to reactivate the Site Account if you choose to renew your activity at a later stage.

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.

We retain the Personal Information we collect only for as long as needed in order to provide you with use of our Site in accordance with the terms of this Website Privacy Policyand to comply with applicable laws and regulations or otherwise as required for us to protect against claims by Users for the relevant statutory of limitations period. We then either delete from our systems or anonymize it without further notice to you.

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.

9. Minors

To open a Site Account, use our Site, and accept the terms of this Website Privacy Policy, you must be over the age of eighteen (18). If you are between 16 and 18 years of age, then you must review this Website Privacy Policy with your parent or guardian before visiting or using our Site, to make sure that you and your parent or guardian understand these Terms and that your parent or guardian agree to them. Without relieving you of your responsibility to comply with the WebSite TOU and the terms hereof we reserve the right (without obligation) to request proof of age at any stage so that we can verify that minors under the age of eighteen (18) are not using our Site.

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.

Cookies:To learn more about tracking technologies please refer to,www.allaboutcookies.org. Tracking technologies may include, Pixel tags (also commonly known as web beacons), transparent images, iFrames, or Java Script placed on our Site or our advertisements and emails, that is used to understand how you interact with the Site, such advertisements and emails. To learn more about our use of Cookies and other tracking technologies, please see our Cookie Policy. Some of these tracking technologies are provided to us by our Third-Party Services Providers who collect and process Personal Information on our behalf. These Third Party Services Providers may have direct contractual relationship with you (such as Google and Facebook), as detailed in Section 6(d) above. Additionally, the services provided to us by such Third Party Services Providers may entail collection and processing of Personal Information by such Third Party Services Providers, in a scope which is broader than the scope of Personal Information we are eventually provided with by such Third Party Services Providers. This means that sometimes these Third Party Services Providers have access to more of your Personal Information than we do. For example, our payment gateway service provider has access to your financial information under strict terms, while we do not receive such access at all in order to better protect your rights. To the extent you have direct contractual relationship with any of our Third Party Services Providers, as further detailed in Section 6(d), any rights you may have with respect to your information, collected by such Third Party Services Providers, shall be governed by such contractual relationship. Otherwise the terms of this Website Privacy Policy shall fully apply. In this context you should note that we may use Google Analytics, Facebook, Twitter,YouTube and/or LinkedIn’s functionality of re-marketing through their tracking cookies and pixel-based re targeting services. This means that if you provided your consent to Google, Facebook, YouTube, Twitter or LinkedIn (the “Social Ad Platforms“) to be provided with personalized commercial offers, you may be served with ads (including advertisements of third parties) based on your access to the Site, outside of the Site and across the internet. Please visit the Social Ad Platforms Privacy policy to find out how they use such information:

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:·

PLEASE NOTE – such tracking and targeting by Social Ad Platforms, is provided pursuant to your engagement with such Social Ad Platforms and the actual nature and scope of Personal Information collection and processing performed by such Social Ad Platforms is not transparent to us. If you would like to learn more or make further inquiries with respect to such nature or scope please refer to each of such Social Ad Platforms directly. In addition, if you wish that we do not use your personal information we obtain through use of cookies and pixel tags for the purpose of serving you personalized relevant ads, please send us an e-mail to support@tytocare.com, and we will respond within a reasonable time frame and in accordance with applicable laws.

Learn more about your choices and how to opt-out of tracking technologies: In order to delete or block any tracking technologies, please refer to the “Help” area on your internet browser for further instructions, or learn more by visiting our Cookie Policy. You may also opt out of third party tracking technologies by following the relevant instructions provided by each such third party in its privacy policy or by visiting www.youronlinechoices.eu, http://optout.networkadvertising.org/?c=1 or http://www.aboutads.info/choices/. Please note however that deleting any of our tracking technologies or disabling future tracking technologies may prevent you from accessing certain areas or features of our Site, or may otherwise adversely affect your user experience. Please also note that we do not respond to the ‘Do Not Track’ setting on your browser as the protocol and form for such setting has not yet been generally accepted.

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: support@tytocare.com.

12. Security

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

While using the Sitee you may encounter links to third party websites and/or services. Please be advised that such third party websites and/or services are independent from Tyto, and may use cookies and other web-tracking technologies, not specified or otherwise handled in our Cookie Policy, to collect Non-Personal and/or Personal Information about you. We assume no responsibility or liability whatsoever with regard to privacy matters or any other legal matter with respect to such third party websites and/or services. We encourage you to carefully read the privacy policies and the terms of use of such third party websites and/or services, as their terms, not ours, will apply to any of your interactions with such third parties. Tyto has no control over the use of any information you provide to these third party services.

14. Changes to the Website Privacy Policy

Tytoreserves the right to change this Website Privacy Policy at any time, so please re-visit this page frequently. We will provide notice of substantial changes of this Website Privacy Policy on the Site and/or we will send you an e-mail regarding such changes to the e-mail address that is registered with your Site Account. Such substantial changes will take effect seven (7) days after such notice was provided on any of the above mentioned methods. Otherwise, all other changes to this Website Privacy Policy are effective as of the stated “Last Revised” date, and your continued use of the Site after the Last Revised date will constitute acceptance of, and agreement to be bound by, those changes.

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

Depending on your primary place of residency, this Website Privacy Policy, its interpretation, and any claims and disputes related hereto, shall be governed by the following governing laws specified below, and any and all such claims and disputes shall be brought in, and you hereby consent to them being litigated in and decided exclusively by a court of competent jurisdiction located in the following locations:

  1. 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);
  2. 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);
  3. 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.

This Website Privacy Policy was written in English and may be translated into other languages for your convenience. If a translated (non-English) version of this Website Privacy Policy conflicts in any way with the English version, the provisions of the English version shall prevail.

18. Have any Questions?

If you have any questions (or comments) concerning this Website Privacy Policy, you are welcome to send us an email at support@tytocare.comand we will make an effort to reply within a reasonable time frame.

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.

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