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Last modified: December 1, 2023

1. Introduction

Unyte Health US Inc. and its affiliates (“Unyte“, “we“, or “We“) respect your privacy and are committed to protecting it through our compliance with this Privacy Notice (this “notice”).

This notice describes the types of information we may collect from you or that you may provide when you visit or make a purchase, including through subscription, from all Unyte-owned websites and domains, including unyte.com and integratedlistening.com, or use our products and/or services including services available through the MyUnyte platform (collectively, the “Site”), and our practices for collecting, using, maintaining, protecting, and disclosing that information.

This notice applies to information we collect:

  • On the Site and through the services and products provided by the Site;
  • In email, text, and other electronic messages between you and the Site;
  • Via products and/or services purchased through the Site. 

It does not apply to information collected by:

  • any third party, including through any application or content (including advertising) that may link to or be accessible from or on the Site.

Please read this notice carefully to understand our policies and practices regarding your information and how we will treat it. If you do not agree with our policies and practices, your only option is not to use the Site. By accessing or using this Site, you agree to this privacy notice. This notice may change from time to time (see 11. CHANGES TO OUR PRIVACY NOTICE). Your continued use of this Site after we make changes is deemed to be acceptance of those changes, so please check this notice periodically for updates.

For purposes of this Privacy Notice, we refer to providers of services via, or using tools, content or other resources from, Unyte’s Site as “Providers” and we refer to clients of Providers as “Clients.”

 

2. Information We Collect and How We Collect It

When we talk about “Personal Information” in this Privacy Notice, we are talking about, collectively, Order Information, Device Information and Health Information, as each term is defined below.

Providers

We may collect several types of information from and about Providers who use or access our Site, including:

  • Name, organization name, billing address, shipping address, payment information, email address, professional credentials, and phone number. Additionally, to the extent you provide credit card or payment card information in connection with payment for products or services, such credit card or payment card information will be collected by our third-party payment processor and used by such payment processor to process such payment (all of the foregoing (“Order Information”); and
  • Automatically as you use and/or access the Site. Information collected automatically may include details of your visits to our Site, including traffic data, logs, and other communication data and the resources that you access and use on the Site, as well as information about your computer and internet connection, including your IP address, operating system, and browser type (all of the foregoing, “Device Information”).  The technologies we us may include: 
    • Cookies (or browser cookies). A cookie is a small file placed on the hard drive of your computer. You may refuse to accept browser cookies by activating the appropriate setting on your browser. However, if you select this setting you may be unable to access certain parts of our Site. Unless you have adjusted your browser setting so that it will refuse cookies, our system will issue cookies when you direct your browser to our Site.
    • Web Beacons. Pages of the Site may contain small electronic files known as web beacons (also referred to as clear gifs, pixel tags, and single-pixel gifs) that permit us, for example, to count users who have visited those pages and for other related website statistics (for example, recording the popularity of certain website content and verifying system and server integrity). 

We collect this information:

  • Directly from you when you provide it to us.
  • Automatically from you and/or your device.
  • From third parties, including, for example, our business partners or service providers.

Clients

We may collect several types of information from and about Clients who use or access our Site, including:

  • Name, e-mail address, phone number and date of birth
  • Sensitive Personal Information or Protected Health Information, as defined by the Health Insurance Portability and Accountability Act (HIPAA), including information you may provide to us regarding your health or medical condition (“Health Information”). This includes but is not limited to information provided via the use of Unyte Assessments, and logged data regarding the timing and interactions with Unyte’s digital listening products.
  • Automatically as you use and/or access the Site. Information collected automatically may include details of your visits to our Site, including traffic data, logs, and other communication data and the resources that you access and use on the Site, as well as information about your computer and internet connection, including your IP address, operating system, and browser type (all of the foregoing, “Device Information”).  The technologies we us may include:  
    • Cookies (or browser cookies). A cookie is a small file placed on the hard drive of your computer. You may refuse to accept browser cookies by activating the appropriate setting on your browser. However, if you select this setting you may be unable to access certain parts of our Site. Unless you have adjusted your browser setting so that it will refuse cookies, our system will issue cookies when you direct your browser to our Site. 
    • Web Beacons. Pages of the Site may contain small electronic files known as web beacons (also referred to as clear gifs, pixel tags, and single-pixel gifs) that permit us, for example, to count users who have visited those pages and for other related website statistics (for example, recording the popularity of certain website content and verifying system and server integrity). 

We collect this information:

  • Directly from you when you provide it to us.
  • Automatically from you and/or your device.

If requested by Provider, we will enter into a Business Associate Agreement between us and the Provider and any Health Information that constitutes Protected Health Information that We collect is subject to such Business Associate Agreement, which, among other things, obligates us to keep your Protected Health Information secure.

You also may provide information to be transmitted to other users of the Site or third parties (collectively, “User Contributions“). Your User Contributions are posted on and transmitted to others at your own risk. Although we aim to provide reasonable and appropriate security, please be aware that no security measures are perfect or impenetrable. Additionally, we cannot control the actions of other users of the Site with whom you may choose to share your User Contributions. 

 

3. Third-Party Use of Cookies and Other Tracking Technologies

Some content or applications on the Site may be served by third parties. These third parties may use cookies alone or in conjunction with web beacons or other tracking technologies to collect information about you when you use the Site. The information they collect may be associated with your Personal Information or they may collect information, including Personal Information, about your online activities over time and across different websites and other online services. They may use this information to provide you with interest-based (behavioral) advertising or other targeted content.

We do not control these third parties’ tracking technologies or how they may be used. If you have any questions about an advertisement or other targeted content, you should contact the responsible provider directly. For information about how you can opt out of receiving targeted advertising from certain providers, see Choices About How We Use and Disclose Your Information.

 

4. How We Use Your Information

Providers

If you are a Provider, we use the Order Information that we collect generally to fulfill any orders placed through the Site (including the processing of your payment information by our third-party payment processor, arranging for shipping, and providing you with invoices and/or order confirmations). We use the Device Information that we collect to help us screen for potential risk and fraud (in particular, the Device’s IP address), and more generally to improve and optimize the Site (for example, by generating analytics about how our users browse and interact with the Site, and to assess the success of our marketing and advertising campaigns).

Additionally, we use Personal Information to:

  • To present the Site and its contents to you;
  • Provide you with information, products, or services that you request from us;
  • Communicate with you;
  • Provide automated guidance when you are using the Site or our products or services;
  • Suggest and promote our products and services; 
  • Provide customer support that you may request;
  • To carry out our obligations and enforce our rights arising from any contracts entered into between you and us, including for billing and collection;
  • To notify you about changes to the Site or any products or services we offer or provide through it;
  • In any other way we may describe when you provide the information; 
  • To fulfill any other purpose for which you specifically provide it; and
  • For any other purpose with your consent.

We may use aggregated, de-identified information for any purpose, including to: (i) assess the efficacy of our products and services; (ii) assess and monitor usage of the Site; and (iii) research and better our services, including conducting research with reputable academic institutions.

When in line with the preferences you’ve shared with us, We may also use your information to contact you about goods and services that may be of interest to you. For more information about how targeted advertising works, you can visit the Network Advertising Initiative’s (“NAI”) educational page at http://www.networkadvertising.org/understanding-online-advertising/how-does-it-work. If you do not want us to use your information in this way, please check the relevant box located on the form on which we collect your data. For more information, see Choices About How We Use and Disclose Your Information.

Clients

If you are a Client, we use the Health Information that we collect generally to provide the services on the Site, including those that enable your Provider to deliver their programs and services to you. We also use Device Information that we collect to help us screen for potential risk and fraud (in particular, your Device’s IP address), and more generally to improve and optimize our Site (for example, by generating analytics about how our users browse and interact with the Site.

Additionally, we use Personal Information to:

  • To present the Site and its contents to you;
  • Provide you with information, products, or services that you request from us;
  • Communicate with you;
  • Provide automated guidance when you are using our products or services;
  • Provide support that you may request;
  • To carry out our obligations and enforce our rights arising from any contracts entered into between you and us;
  • To notify you about changes to our Site or any products or services we offer or provide through it;
  • In any other way we may describe when you provide the information; 
  • To fulfill any other purpose for which you specifically provide it; and
  • For any other purpose with your consent.

We may use aggregated, de-identified information for any purpose, including to: (i) assess the efficacy of our products and services; (ii) assess and monitor usage of the Site; and (iii) research and better our services, including conducting research with reputable academic institutions.

Please note that if you provide Personal Information to us, we will take commercially reasonable efforts to refrain from promoting or marketing our goods and services to you once we know you are a Client.  

 

5. Disclosure of Your Information

Whether you are a Provider or a Client, we may disclose aggregated and/or anonymized information about you, and information that does not identify any individual, without restriction. We also may disclose Personal Information that we collect or you provide as described in this privacy notice:

  • To our subsidiaries and affiliates.
  • To contractors, service providers, and other third parties we use to support our business.
  • To a buyer or other successor in the event of a merger, divestiture, restructuring, reorganization, dissolution, or other sale or transfer of some or all of our assets, whether as a going concern or as part of bankruptcy, liquidation, or similar proceeding, in which Personal Information held by Unyte about our Site users is among the assets transferred.
  • For Providers, to third parties to market their products or services to you if you have not opted out of these disclosures, or to Clients who have opted in via our website. We take commercially reasonable steps to ensure these third parties keep your Personal Information confidential and use it only for the express purposes for which we disclose it to them. For more information, see Choices About How We Use and Disclose Your Information.
  • To fulfill the purpose for which you provide it. 
  • For any other purpose disclosed by us when you provide the information.
  • With your consent.

We may also disclose your Personal Information:

  • To comply with any court order, law, or legal process, including to respond to any government or regulatory request.
  • To enforce or apply our Terms of Service located at https://integratedlistening.com/about-ils/terms-of-service/ (the “Terms of Service”) and other agreements, including for billing and collection purposes.
  • If we believe disclosure is necessary or appropriate to protect the rights, property, or safety of Unyte, our customers, or others. 

Providers

If you are a Provider, We share your Personal Information with third parties to help us fulfill our responsibilities as described above and as otherwise necessary to deliver the services you request on the Site. For example, we use third-party payment processors to process payments for the Site. We also use Google Analytics to help us understand how our customers use the Site—you can read more about how Google uses your Personal Information here: https://www.google.com/intl/en/policies/privacy/.

Clients

If you are a Client, We share your Personal Information with third parties to help us fulfill our responsibilities as described above and as otherwise necessary to deliver the services you request from us or on the Site. For example, we use third-party logistics companies to deliver any hardware you may have purchased on the Site. We also use Google Analytics to help us understand how our customers use the Site—you can read more about how Google uses your Personal Information here: https://www.google.com/intl/en/policies/privacy/.

 

6. Choices About How We Use and Disclose Your Information

We strive to provide you with choices regarding the Personal Information you provide to us. We have created mechanisms to provide you with the following control over your information: 

  • Tracking Technologies and Advertising. You can set your browser to refuse all or some browser cookies, or to alert you when cookies are being sent. If you disable or refuse cookies, please note that some parts of this Site may then be inaccessible or not function properly.
  • Analytic Tools. You can also opt-out of Google Analytics here: https://tools.google.com/dlpage/gaoptout.
  • Disclosure of Your Information for Third-Party Advertising. If you do not want us to share your Personal Information with unaffiliated or non-agent third parties for promotional purposes, you can opt-out by sending us an email stating your request to [email protected]
  • Promotional Offers from the Company. If you do not wish to have your contact information used by the Company to promote our own products or services, you can opt-out by sending us an email stating your request to [email protected]. If we have sent you a promotional email, you may send us a return email asking to be omitted from future email distributions. This opt out does not apply to information provided to the Company as a result of a product purchase, warranty registration, product service experience or other transactions.

Your browser may let you choose your preference as to whether you want to allow the collection of information about your online activities over time and across different websites or online services (“Do Not Track”). Please note that we do not alter our Site’s data collection and use practices when we see a Do Not Track signal from your browser.

Providers

If you are a Provider, we may use your Personal Information to provide you with targeted advertisements or marketing communications we believe may be of interest to you. If you do not want us to use information that we collect or that you provide to us to deliver advertisements according to our advertisers’ target-audience preferences, you can opt-out by emailing us at [email protected].

We do not control third parties’ collection or use of your information to serve interest-based advertising. However these third parties may provide you with ways to choose not to have your information collected or used in this way.

For more information about how targeted advertising works, you can visit the Network Advertising Initiative’s (“NAI”) educational page at 

http://www.networkadvertising.org/understanding-online-advertising/how-does-it-work.

You can opt out of targeted advertising by using the links below:

  • Facebook: https://www.facebook.com/settings/?tab=ads
  • Google: https://www.google.com/settings/ads/anonymous
  • Bing:https://advertise.bingads.microsoft.com/en-us/resources/policies/personalized-ads
  • LinkedIn: https://www.linkedin.com/psettings/guest-controls/retargeting-opt-out

Additionally, you may opt out of some of these services by visiting the Digital Advertising Alliance’s opt-out portal at: http://optout.aboutads.info/.

 

7. Jurisdiction Specific Disclosures

Pursuant to laws governing the jurisdiction in which you are located when you access or use the Site, we may be required to provide you with additional privacy disclosures. If you are a resident of any of the following jurisdictions, please review the applicable disclosures.

Europe

As a resident of the European Economic Area, Switzerland, or the United Kingdom, you are afforded certain rights under applicable data privacy laws. These include:

  • The right to access, correct, update or request deletion of your Personal Information.
  • The right to object, restrict, or request portability of the processing of your Personal Information.
  • The right to withdraw consent previously given, at any time. Note that withdrawal of your consent will not impact the lawfulness of processing that may have occurred prior to your withdrawal, nor will it impact the processing of your Personal Information that is conducted on lawful processing grounds other than consent.
  • The right to complain to a data protection authority about our collection and use of your Personal Information. For more information, please contact your local data protection authority as found here.

If you would like to exercise these rights afforded to you, please contact us at [email protected].

Additionally, please note that: (i) we are processing your information in order to fulfill contracts we might have with you (for example if you make an order through the Site), or otherwise to pursue our legitimate business interests listed above; and (ii) your information will be transferred outside of Europe, including to Canada and the United States.

Canada

As a Canadian resident, you may be able to exercise certain rights under applicable data privacy laws concerning your Personal Information that we collect and control.

  • You may ask us in writing whether we have collected Personal Information about you and to obtain access to that Personal Information.
  • If you believe the Personal Information we have about you is inaccurate or incomplete, you can ask us to correct it.
  • We will delete Personal Information when we no longer have a lawful basis to retain it. You can ask us to delete Personal Information that you believe we no longer are required to retain.

We may need to verify your identity before processing your request, which may require us to request additional Personal Information from you. In certain circumstances, we may decline or limit your request, particularly where we are unable to verify your identity or locate your information in our systems, or as permitted by law.

Additionally, please note that: (i) we are processing your information in order to fulfill contracts we might have with you (for example if you make an order through the Site), provide the services you requested, or otherwise to pursue our legitimate business interests listed above; and (ii) your information will be transferred outside of Canada, including to the United States, where it may be accessed by the courts, law enforcement and national security authorities.

If you have any questions or would like to exercise your rights, please contact us at [email protected].

U.S. Resident.

If you are a U.S. resident, you may be afforded certain rights under applicable data privacy laws. If you have any questions or would like to exercise your rights under laws applicable to you, please contact us at [email protected].

Please note that California Civil Code Section § 1798.83 permits users of our Site that are California residents to request certain information regarding our disclosure of Personal Information to third parties for their direct marketing purposes. To make such a request, please send an email to [email protected]. There are some circumstances where we will not fulfill your request; for example, if no applicable law requires us to do so. We will not accommodate a request to change information if we believe the change would cause the information to be incorrect or violate any law or legal requirement. 

Children Under the Age of 13

Generally, our Site is not intended to be used independently by children under 13 years of age and no one under age 13 may directly provide any Personal Information to or on the Site without verifiable parental consent. Where a Provider desires to use the Site with a Client under 13 years of age, the Provider is solely responsible for obtaining verifiable parental consent prior to use of the Site with such Client.  If you are under 13, do not use or provide any information on this Site or on or through any of its features/register on the Site, make any purchases through the Site, or provide any information about yourself to us, including your name, address, telephone number, or email address unless your Provider has previously obtained verifiable parental consent from your parent or legal guardian. If we learn we have collected or received Personal Information from a child under 13 without verification of parental consent, we will delete that information. If you believe we might have any information from or about a child under 13 without verifiable parental consent, please contact us at [email protected].

 

8. DATA TRANSFERS

We are based in the United States. When we obtain information about you, we may transfer, process, and store such information outside of the country in which you reside, including in the United States. By using the Site, you consent to the transfer to and processing and storage of your information in countries outside of your country of residence, which may have different data protection laws than those in the country where you reside.

From time to time, we may engage with third parties who operate outside of the US. This means when we collect your Personal Information, it may be processed in countries that may have data privacy laws that differ from those of your home country. In such instances, we will ensure proper safeguards have been put into place. If applicable, we shall process your information under our Data Processing Addendum, located here: https://integratedlistening.com/about/dpa.

 

9. DATA RETENTION

We will maintain your Personal Information for our records so long as it is necessary to provide services to you or to comply with laws or other agreements that we may have in place with you. Any aggregated and anonymized information is not subject to such retention policies and will be handled in accordance with our Terms of Service.

 

10. DATA SECURITY

We have implemented reasonable and appropriate measures intended to protect your Personal Information from accidental loss and from unauthorized access, use, alteration and disclosure, which include storing Personal Information on servers located in a physically secured location and using firewalls, access controls and similar security technology designed to protect Personal Information from unauthorized disclosure.

The safety and security of your information also depends on you. Where we have given you (or where you have chosen) a password for access to certain parts of our Site, you are responsible for keeping this password confidential. You may not share your password with anyone.

Please note that the electronic transmission of information is not completely secure. Although we use reasonable efforts to protect your Personal Information, We cannot guarantee that the security measures we have in place to safeguard Personal Information will never be defeated or fail, or that such measures will always be sufficient or effective. Any transmission of Personal Information is at your own risk. We are not responsible for circumvention of any privacy settings or security measures contained on the Site.

 

11. CHANGES TO OUR PRIVACY NOTICE

We may update this Privacy Notice from time to time in order to reflect, for example, changes to our practices or for other operational, legal or regulatory reasons. The date this Privacy Notice was last revised is at the top of this page. We encourage you to review this Privacy Notice periodically to check for any updates or changes.

 

12. CONTACT INFORMATION

For more information about our privacy practices, personal data deletion requests, if you have questions, or if you would like to make a complaint, please contact us by e-mail at [email protected].

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