eMoods Insights Privacy Policy

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Last updated: October 20, 2021

This Privacy Policy (“Policy”) describes the ways that Yottaram LLC, a Maine limited liability corporation (“We” or “Us”) collects, receives, uses, retains, and discloses Personally Identifiable Information (“PII”) and, to the extent applicable, Protected Health Information (”PHI”) about you, the user of the eMoods Insights Software-as-a-Service product found accessible at https://insights.emoodtracker.com (the “Service”). PII includes information about you that is personally identifying such as your name, email address, and phone number and which is not otherwise publicly available. PHI includes information relating to your health, for example medical history, health conditions, physician and insurance information and other data that a healthcare professional may collect to identify an individual and determine appropriate care. PHI is protected under the Health Insurance Portability and Accountability Act of 1996 (“HIPAA”) and applicable state law. This information may be provided by you online or offline, or may be collected by us from other methods such as through a physician or other health care provider. We protect covered health and medical information to the extent required by HIPAA and applicable state law. Similarly, we may use covered health and medical information as permitted by HIPAA and applicable state law. PII and PHI may include other types of information depending on the legal definition that applies in your physical location. Only the definitions of PII and PHI that apply in your location will apply to you under this Privacy Policy. PII and PHI are referred to collectively in this Privacy Policy as “PIIPersonal Data.”

This Privacy Policy (“Policy”) describes the ways that Yottaram LLC, a Maine limited liability corporation (“We” or “Us”) collects, uses and shares about you, the user of the eMoods Insights Software-as-a-Service product accessible at https://insights.emoodtracker.com (the “Service”). This Policy applies to personally identifiable information that we collect from you, and from third parties about you (“PII”), through the Service.

This Policy does not apply to PII collected by:

  • The eMoods classic mobile application, whose collection, use and disclosure of information is disclosed in its own separate privacy policy;
  • us offline or through any other means, including on any other website operated by us or any third party; or
  • any third party, including through any application or content (including advertising) that may link to or be accessible via the Service.

AGREEMENT

By visiting, accessing or using the Service, and/or by providing PII to Yottaram LLC, you accept and hereby expressly consent to our collection, use, retention, and disclosure of your PII in accordance with the terms of this Privacy Policy. If you choose not to provide the requested information you will not be able to access the Site or Service.

Note to HIPAA Covered Entities: The eMoods Insights Service is not an Electronic Medical Record (EMR) service, nor does it provide for the storage and maintenance of medical records and should not be used as such by any clinician/healthcare providers using the Service. As a Covered Entity, you remain solely responsible for maintaining original medical records of any patient. In the event you create new/original content through use of the Service, you agree, to the extent applicable, to incorporate such content into your existing EMR and shall not rely on the Service to store or maintain such content as an “original” medical record.

Moreover, if you are a HIPAA Covered Entity and you are using the eMoods Insights Service, you agree to also be bound by the Business Associate Agreement attached as an Addendum to this Privacy Policy and incorporated fully into the accompanying Terms of Service.

This Privacy Policy may change from time to time, so please check back periodically to check the most recent modification date to ensure that you are aware of any changes in our use of your PII. Your continued use of the Service after any change means that you expressly, explicitly, voluntarily and unambiguously agree to any such change or modification.

PII That You Provide Us

The PII that we collect on or through the Service may include:

  • Information that you enter into forms on the Service.
  • Records and copies of your correspondence (including email addresses), if you contact us.
  • Your responses to surveys that we might ask you to complete for research purposes.
  • Details of transactions you carry out through the Service and of the fulfillment of your orders. You may be required to provide financial information before placing an order through the Service.
  • Questions, communications, or feedback you submit to us via forms or emails.
  • Request for customer support or technical assistance.
  • Uploads or posts to the Service.

In these ways, we may ask you for your name, fictional username, email address, payment information, and information about how you have used the Service.

PII That We Collect Through Automatic Data Collection Technologies

As you use the Service, we may use automatic data collection technologies to collect information about your equipment and browsing actions, including:

  • Details of your visits to the Service, including traffic data, location data, logs, and the resources that you access and use on the Service.
  • Information about your computer and Internet connection, including your IP address, operating system, and browser type.

We collect this information to help us understand how people use the Service, how we can improve its speed and how we can make it easier for people to use it. We also may use these technologies to collect information about your online activities over time and across third-party websites or other online services (behavioral tracking).

The technologies we use for automatic data collection may include 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, but doing so may make you unable to access certain parts of the Service. Unless you have adjusted your browser setting to refuse cookies, our system will issue cookies when you visit the Service.

How We Use Your Information

We use PII to:

  • Provide the Service to you.
  • Provide you with information, products, or services that you request from us.
  • Let you know about changes to the Service or any products or services we offer or provide though it.
  • Fulfill any other purpose for which you provide it.
  • Carry out our obligations and enforce our rights arising from any contracts that you enter into with us, including for billing and collection.

If we use your email address to communicate with you (with the exception of transactional emails regarding your use of the Service), we will provide you with the option to unsubscribe or opt out of future emails.

How We Disclose PII to Others

We will not sell, rent, license or disclose PII to third parties except:

  • to work with third-party companies that we use to provide the Service or other products that we offer (“Third-Party Services,” below);
  • to share with advertising agencies that we work with, which may use your name and email address to contact you;
  • where we believe it is necessary to respond to legal claims asserted against us, to comply with legal process (e.g. warrants and subpoenas), to enforce or administer our agre, to prevent fraud, for risk assessment, for investigation, and to protect the rights, property or safety of Us, our users or others.
  • to investigate suspected fraud, harassment or illegal conduct, or suspected violations of our Terms of Use;
  • to subsidiaries or affiliates that we may have today or in the future;
  • to disclose to another company in the course of a business acquisition, merger or sale of assets;
  • to enforce or apply our Terms of Use or other agreements that we may have with you, including billing and collection purposes;
  • with your consent; and
  • to fulfill the purpose for which you provide it. For example, if you give us an email address to use to share your data with your physician, friend or another third party, we will send the contents of that email and your email address to the recipient.
  • For HIPAA Covered Entities: To the extent permitted by any applicable Business Associate Agreement.

Third-Party Services

We use various Third-Party Services to operate the Service. These include Aeris WeatherAlgoliaDigital OceanDropboxFacebook LoginGoogle AdsGoogle AnalyticsGoogle DriveGoogle FirebaseiCloudLaravel ForgeMailchimpMailgunNexmoStripe and  Statcounter and and may include others in the future.

Third-Party Services collect, use and share PII pursuant to their own privacy and security policies. Some of them, including Google, may use location information and other PII to serve advertisements to consumers on other websites. By using our Service, you consent to our providing PII with Third-Party Services to be used in accordance with their own privacy and security policies as they exist today and as they may change in the future.

For more information about how Google’s services use PII, see “How Google uses information from sites or apps that use our services.

Data Security

We use reasonable efforts to protect your PII from unauthorized access, but we cannot guarantee that it will be free from unauthorized access by third parties such as hackers. By using the Service, you (a) consent to our using PII as described in this Policy notwithstanding this risk; (b) waive any claims against us relating to the interception, use or disclosure of PII by third parties unauthorized by us; and (c) agree to notify us promptly if you suspect any unauthorized usage of PII.

For more information on protecting your privacy, please visit www.ftc.gov/privacy.

Children

To access or use the Service, you must be at least 18 years old and have the requisite power and authority to understand and consent to the practices described in this Policy. No one under age 18 may provide any information to the Service unless it is with the knowledge of a provider and consent of a parent or guardian. We do not knowingly collect personal information from children under 18.

Your Rights With Respect to PII

You may withdraw your consent to further use of your PII by emailing a request to us at info@emoodtracker.com. We will respond to your request in accordance with the law that applies to you. Your PII which we processed prior to your request may not be deleted from our Site system records but will be blocked from further processing without your permission. A request to withdraw consent may not apply to information collected by tracking technologies or used internally to recognize you and/or facilitate your visits to the Site, or information we may keep to comply with legal requirements.

To access, update, edit or delete the PII that we keep, please simply update or delete your PII manually in the Service’s interface or email us at info@emoodtracker.com and we will be happy to make the change.

“Do Not Track” Technology

If you use Do-Not-Track tools to prevent websites and software products from tracking your online behavior across websites, please be aware that we do not change the way the Service works (as described in this Policy) in response to requests not to be tracked. You may, however, be able to disable certain tracking signals used by individual Third-Party Services, which you may do by accessing those services.

Cookies and Other Storage Technologies

When you use the Service, we or our Third-Party Services (including Facebook, but only if you “opt in” to using Facebook as a way to log in to the Service) may use tools to collect information about how you use it. These tools may include cookies, web beacons or other storage technologies that store users’ IDs or passwords to personalize web pages that they see and provide website analytics. We may also use these tools in advertising the Service. You are welcome to opt out of our use of these tools with you, and you can learn more about how to do so at the Digital Advertising Alliance’s  Webchoices page, European Advertising Standards Alliance (EASA)’s Framework and the  Network Advertising Initiative’s Consumer Opt Out page.

No Rights of Third Parties

This Policy does not create rights enforceable by third parties, nor does it require disclosure of any information relating to users of the Service.

Limitation of Warranties

We make no representations, warranties or promises about the security of PII except as stated expressly in this Policy and applicable addenda or where required by law.

For More Information

Please direct any questions about this Policy to info@emoodtracker.com