VIII. California Privacy Rights - Notice to California Residents
If you are a California resident, certain Personal Information that we collect about you is subject to the California Consumer Privacy Act (CCPA).
Please note that the CCPA does not apply to, among other things:
- Information that is lawfully made available from federal, state, or local government records;
- Information that is deidentified or aggregated;
- Medical information governed by the Confidentiality of Medical Information Act (Part 2.6 (commencing with Section 46) of Division 1) (CMIA) or protected health information that is collected by a covered entity or business associate governed by the privacy, security, and breach notification rules issued by the United States Department of Health and Human Services (HHS), Parts 160 and 164 of Title 45 of the Code of Federal Regulations, established pursuant to the Health Insurance Portability and Accountability Act of 1996 (Public Law 104-191) (HIPAA) and the Health Information Technology for Economic and Clinical Health (HITECH) Act (Public Law 111-5); or
- A provider of health care governed by the CMIA or a covered entity governed by the privacy, security, and breach notification rules issued by HHS, established pursuant to HIPAA, to the extent the provider or covered entity maintains patient information in the same manner as medical information or protected health information under CMIA/HIPAA/HITECH Act.
Collection of Personal Information.
Currently and in the last 12 months, we have collected and/or disclosed Personal Information about you when you use our Services, including information about you that you provide to us, and information we automatically collect from you or your computer or devices as you use our Services. Please refer to the section titled "Personal Information" for additional information and details.
Categories of Sources from which we have collected Personal Information.
We collect Personal Information directly from you, for example when you provide it to us, when you contact us through our Services, when you create an AliveCor account; and indirectly from you automatically through your computer or device as you use our Services. We may also collect Personal Information about you from our advertising partners and service providers.
Use of Personal Information collected from California Residents.
Sharing the Personal Information of California Residents.
AliveCor may disclose your Personal Information to a third party for one or more business purposes. When we disclose Personal Information for a business purpose, such as to service providers, we enter a contract that describes the purpose and requires the recipient to both keep that Personal Information confidential and not use it for any purpose except performing the contract.
Disclosures of Personal Information for Business Purposes.
We may disclose your Personal Information for our business purposes, such as your contact information, other information you have provided to us, and unique identifiers that identify you to us or to our service providers, such as companies that assist us with marketing and advertising. Please refer to “What types of Personal Information do we collect?” and “How do we collect your Personal Information?” for additional information and details.
We disclose your Personal Information to certain third parties such as our health care provider partners, service providers, including companies that assist us with marketing and advertising. For additional information please refer to “How do we use your Personal Information?” and “How do we share your Personal Information?".
Access Request Rights.
California residents have the right to request that AliveCor disclose certain information to you about our collection and use of your Personal Information over the past 12 months for the above business and commercial purposes. To submit an access request, see Contact Us. Once we receive and confirm your verifiable consumer request, we will disclose to you:
- The categories of Personal Information we collected about you.
- The categories of sources for the Personal Information we collected about you.
- Our business or commercial purpose for collecting that Personal Information.
- The categories of third parties with whom we share that Personal Information.
- The specific pieces of Personal Information we collected about you.
- If we sold or disclosed your Personal Information for a business purpose, two separate lists disclosing:
- sales, identifying the Personal Information categories that each category of recipient purchased; and
- disclosures for a business purpose, identifying the Personal Information categories that each category of recipient obtained.
Deletion Request Rights.
California residents have the right to request that AliveCor delete your Personal Information that we collected from you and retained, subject to certain exceptions. Once we receive and confirm your verifiable consumer request, we will delete (and direct our service providers to delete) your Personal Information from our records, unless certain exceptions apply. Once the data is deleted you will no longer have access to the data through or by our Services.
Exercising Access and Deletion Rights.
To exercise the access and deletion rights described above, please submit a verifiable consumer request to us by either calling us at 1-(855) 338-8800 or sending us an e-mail at privacy@AliveCor.com.
Only you, or a person registered with the California Secretary of State that you authorize to act on your behalf, may make a verifiable consumer request related to your Personal Information. You may also make a verifiable consumer request on behalf of your minor child. You may only make a verifiable consumer request for access twice within a 12-month period. The verifiable consumer request must:
- Provide sufficient information that allows us to reasonably verify you are the person about whom we collected Personal Information or an authorized representative.
- Describe your request with sufficient detail that allows us to properly understand, evaluate, and respond to it.
We will not discriminate against you for exercising any of your CCPA rights. We will not:
- Deny you goods or services.
- Charge you different prices or rates for goods or services, including through granting discounts and other benefits, or imposing penalties.
- Provide you a different level or quality of goods or services.
- Suggest that you may receive a different price or rate for goods or services or different level or quality of goods or services.