EyeGuide Inc.

This Privacy Policy was Last Revised on March 31st, 2019.

EyeGuide, Inc. - Privacy Policy

GENERAL PROVISIONS

Our Commitment To Privacy

Thank you for visiting www.eye.guide (the "Website") and/or accessing the EyeGuide™ Mobile Application (the "App"), which are owned and operated by EyeGuide, Inc. ("EyeGuide"). EyeGuide is a leading provider of EyeGuide™ Focus, proprietary hardware and software for the administration of eye-movement tracking tests. Capitalized terms used herein and not otherwise defined shall have the meanings attributed to them in our Terms of Use, available here legal.eye.guide/terms.

EyeGuide recognizes the importance of maintaining your privacy, and as a result, has established this Privacy Policy ("Privacy Policy").This Privacy Policy is intended to help you understand the types of information we may collect from you or that you may provide when you visit the Website and when you download or access the App, and describes our practices for collecting, using, maintaining, protecting and disclosing such information. This Privacy Policy applies to information we collect on or through the Website and the App, or otherwise provided to us by Organizations or their Authorized Employees in using the Website or the App, and does not govern information collected from you in any other manner.

PLEASE CAREFULLY READ THIS PRIVACY POLICY BEFORE YOU START USING THE WEBSITE OR THE APP. BY ACCESSING THE WEBSITE, DOWNLOADING OR USING THE APP, CAUSING INFORMATION OR DATA TO BE TRANSMITTED TO OR THROUGH THE WEBSITE OR THE APP, BY MANIFESTING YOUR ACCEPTANCE OF THESE TERMS PURSUANT TO A PURCHASE ORDER, OR BY CLICKING OR CHECKING THE "I ACCEPT" BUTTON OR CLICKBOX IF AND WHEN THIS OPTION IS MADE AVAILABLE TO YOU, YOU:

  1. (I) **AGREE TO BE LEGALLY BOUND, WITHOUT LIMITATION OR QUALIFICATION, TO THIS PRIVACY POLICY AND OUR TERMS OF USE LOCATED AT LEGAL.EYE.GUIDE/TERMS
  2. (II) REPRESENT AND WARRANT THAT YOU ARE 18 YEARS OF AGE OR OLDER;
  3. (III)REPRESENT AND WARRANT THAT, IF YOU ARE ENTERING INTO THIS PRIVACY POLICY ON BEHALF OF AN ORGANIZATION (INCLUDING, WITHOUT LIMITATION, PURSUANT TO A PURCHASE ORDER), YOU ARE AUTHORIZED TO ACT ON BEHALF OF THE ORGANIZATION AND TO BIND THE ORGANIZATION TO THIS PRIVACY POLICY, AND YOU UNDERSTAND THAT "YOU" AND "YOUR" AS USED HEREIN REFER TO BOTH YOU INDIVIDUALLY AND TO THE ORGANIZATION UNLESS OTHERWISE INDICATED; AND
  4. (IV)** REPRESENT, WARRANT, AND COVENANT THAT YOU HAVE OBTAINED ADEQUATE CONSENT AND WRITTEN AUTHORIZATION FROM EACH INDIVIDUAL AS REQUIRED UNDER APPLICABLE LAW TO ENABLE YOU TO LEGALLY VIEW, ACCESS, USE, COLLECT, STORE, SUBMIT, TRANSMIT, DISCLOSE, AND SHARE WITH US AND OUR SERVICE PROVIDERS ANY AND ALL INFORMATION AND DATA THAT YOU HAVE OR WILL INPUT INTO THE WEBSITE AND/OR THE APP, THAT YOU CAUSED TO BE TRANSMITTED TO OR FROM OR SHARED THROUGH THE WEBSITE AND/OR THE APP, AND/OR THAT HAS BEEN MADE AVAILABLE TO YOU THROUGH USE OF THE EQUIPMENT (AS DEFINED IN THE TERMS OF USE) OR IN CONNECTION WITH PERFORMING ANY TESTS INCLUDING, WITHOUT LIMITATION, ANY USER-PROVIDED DATA.**

IF YOU DO NOT AGREE TO ALL, OR ANY, OF THE PROVISIONS IN THIS PRIVACY POLICY PLEASE IMMEDIATELY EXIT AND MAKE NO FURTHER USE OF THE WEBSITE OR THE APP AND DELETE THE APP FROM YOUR DEVICE.

Collection of Information

The Website and the App are intended to be used by organizations such as clinics, schools and hospitals that purchase the Equipment ("Organizations") and their Authorized Employees (as defined herein) in connection with collecting, storing, and sharing data obtained from administering the Tests. Individuals who take the Tests are referred to herein as "Subjects" and third-parties authorized by Subjects and/or Subjects' legal guardians are referred to herein as "Authorized Third Parties."

We collect or are provided with several types of information from and about users of our Website and our App and their Subjects, including information:

  • by which you or your Subjects may be personally identified, including, but not limited to, name, e-mail address, postal address, telephone number and billing information ("Personal Data" (which is a subset of Personally Identifiable Information (as defined in the Terms of Use));
  • that is about you or your Subjects but individually does not identify you, such as your organization name, job title, industry, demographic data, gender, date of birth, school, and Test related data and information including, but not limited to, your or your Subjects' baseline eye-movement score and focus test scores (the "Test-Related Data"); and
  • about your internet connection, the equipment you use to access our Website and/or App and usage details.

We may collect:

  • Your Personal Data and other information directly from you if you submit it to us so that (i) you can obtain a username and password to access specialized portions of the Website and/or the App; (ii) we can contact you to respond to inquiries about the Website and/or the App and/or related to purchasing products and services offered by EyeGuideincluding but not limited to, pricing, special promotions and discounts; and (iii) we can communicate with you in connection with feedback or other messages you submit to us;
  • Subjects' Personal Data and other Personally identifiable Information (including Test-Related Data) when Organizations or their Authorized Employees directly submit such information to us as well as Subjects' Test-Related data and information automatically after Subjects have taken a Test so that we can allow Authorized Employees and Organizations to view, store, and organize such data and information, and generate spreadsheets based thereon;
  • Subjects' and Authorized Third-Parties' Personal Data when Authorized Employees directly submit such information to us so that we can send Subjects and Authorized Third-Parties time-limited links and passcodes via e-mail so that they may view certain Test-Related Data;
  • Website and/or App usage details, IP addresses, mobile device information, location information, traffic information , and other information collected through cookies, web beacons, and other tracking technologies automatically as you navigate through the Website and/or the App (See Tracking Technologies below);
  • Information about your device used to access the Website or the App, including the device's unique identifier, IP address, operating system, browser type, mobile network information, and the mobile device's telephone number; and
  • If you are a parent of a Subject under 18, your Personal Data (including your contact information) so that we can obtain your consent to collect, use and disclose the Personal Data and other Personally Identifiable Information of your child (who is a Subject), as described in this Privacy Policy, which consent may be required per applicable law. If you are a parent and you do not provide your consent within a reasonable time, EyeGuide will delete your contact information.

The Website and the App Are Not Intended For Use By Individuals Under 18 Years of Age

Through the Website and the App, we do not knowingly collect personal information, including Personal Data, directly from anyone under 18. If you are under 18, do not: (i) use or directly provide any information on the Website or the App or (ii) directly provide any information about yourself to us, including your name, address, telephone number, e-mail address or any screen name or user name you may use. Notwithstanding the foregoing, we do collect Personally Identifiable Information concerning Subjects who are under the age of 18 (and who are possibly under the age of 13) via Organizations and their Authorized Employees when such Organizations and/or Authorized Employees perform Tests of Subjects and provide us with User-Provided Data.

INFORMATION INDIRECTLY COLLECTED FROM CHILDREN UNDER THE AGE OF 18

The Children's Online Privacy Protection Act of 1998 and its rules (collectively, "COPPA") require us to inform parents and legal guardians (as used in this section, " Parents") about our practices for collecting, using, and disclosing personal information from children under the age of 13 (" Children"). It also requires us to obtain verifiable consent from a Child's Parent for certain collection, use, and disclosure of the Child's personal information. Likewise, the Family Educational Rights and Privacy Act requires EyeGuide to obtain valid consent from Parents of students under the age of 18 ("Students").

This section notifies Parents of: (i) the types of information we may collect from Children or Students; (ii) how we use the information we collect; (iii) our practices for disclosing that information; and (iv) our practices for notifying and obtaining Parents' consent when we collect Personally Identifiable Information from Children or Students, including how a parent may revoke consent. This section only applies to Children under the age of 13 and Students under the age of 18 and supplements the other provisions of this Privacy Policy. In the event of a conflict between the terms in this section of the Privacy Policy and the terms elsewhere in this Privacy Policy, the terms in this section will govern and control with respect to Personally Identifiable Information of Children and Students.

While we do not knowingly, directly collect Personally Identifiable Information from Children or Students through the Website or the App, the Equipment may be used, and Tests may be performed, on Children and Students, and Organizations or their Authorized Employees can provide EyeGuide with certain Personally Identifiable Information concerning Children and Students in connection with such Tests. As a result, we may indirectly obtain through Organizations or their Authorized Employees Personally Identifiable Information about a Child or a Student. In order for an Organization or Authorized Employee to create a profile for a Child or Student on an Account or Subaccount, a Child, Student, or his or her respective Parent must provide the following information: the Child's or Student's first and last name, birth date and gender, school information, as well as a Parent's e-mail address and phone number. Additionally, when a Test is performed on a Child or Student, the Child's or Student's Test-Related Data (namely, eye-movement tracking data) is automatically uploaded to the associated Organization's Account and/or Authorized Employees' Subaccounts on the Website and/or the App.

The information we collect from a Child or Student is used to organize and store the Child's or Student's Test-Related Data and Personally Identifiable Information, to allow Organizations and Authorized Employees to view, access, store, and organize Test-Related Data and Personally Identifiable Information on their Accounts and Subaccounts, and to send certain Subjects, Parents and other Authorized Third-Parties time-limited links and passcodes to view the Child's or Student's Test-Related Data. The information collected from children under 18 years of age through the App or the Website are intended only with the consent and the supervision of a parent or guardian, or, in the case of an Organization, with the consent and supervision of such Organization acting with authority and consent from the parent or guardian.

We do not share, sell, rent, or transfer Children's or Students' Personally Identifiable Information other than as described in this section. We may disclose de-identified, aggregated information about our users and Subjects (including Children and Students), provided that such information does not identify any individual and that such information cannot be re-identified with any individual. In addition, we may disclose Children's or Student's Personally Identifiable Information: (a) if we are required to do so by law or legal process, such as to comply with any court order or subpoena or to respond to any government or regulatory request; (b) to law enforcement agencies or for an investigation related to public safety; and (c) to third parties we use to support the internal operations of our Website and/or the App and who are bound by contractual or other obligations to use the Personally Identifiable Information only for such purpose and to keep the Personally Identifiable Information confidential ("Third-Party Operators").

Below please find a list of our Third-Party Operators and their contact information, as well as the types of Personally Identifiable Information provided to such Third-Party Operators:

  • Google, LLC, 1600 Ampitheatre Parkway, Mountain View, California 94043, legal-notices@google.com. Google, LLC, as the operator of "Google Cloud Platform" is provided with all Personally Identifiable Information collected by EyeGuide for purposes of storage and related services.

In addition, if EyeGuide is involved in a merger, divestiture, restructuring, reorganization, dissolution, or other sale or transfer of some or all of EyeGuide's assets, whether as a going concern or as part of bankruptcy, liquidation, or similar proceeding or event, we may transfer the personal information we have collected or maintain to the buyer or other successor.

Parental Rights. We will not require a Child or Student to disclose more information than is reasonably necessary to administer a Test and correlate the Test to the Subject. If you are a Parent, you may agree to the collection and use of your Child's or Student's Personally Identifiable Information, but still not allow us to disclose to third parties unless such third-party disclosure is required in order to administer a Test and store associated Personally Identifiable Information. If you are a Parent, you may, at any time, review your Child's or Student's Personally Identifiable Information maintained by us, require us to correct or delete such information, and/or refuse to permit us from further collecting or using the Child's or Student's Personally Identifiable Information.You can review, change, or delete your Child's or Student's Personally Identifiable Information by sending us an email at legal@eye.guide or writing to us at our address (see "EyeGuide's Contact Information" below). To protect your privacy and security, we may require you to take certain steps or provide additional information to verify your identity before we provide any information or make corrections.

YOUR CALIFORNIA PRIVACY RIGHTS

California Civil Code Section 1798.83 permits customers of EyeGuide who are California residents to request certain information regarding EyeGuide's disclosure of Personally Identifiable Information to third parties for their direct marketing purposes. To make such a request, please contact us as set forth above.

Security of Information

To prevent unauthorized access, maintain data accuracy, and ensure the correct use of Personal Data, Personally Identifiable Information, User-Provided Data, and other information collected pursuant to this Privacy Policy, we have put in place reasonable physical, electronic, and managerial procedures to safeguard and secure such information, and we make good faith efforts to store such information in a secure operating environment.

You must also seek to protect against unauthorized access any information that you use in connection with the Website and/or the App. Some portions of the Website and the App are restricted and require Organizations to create an Account or Subaccount. You must keep your Account Information confidential and you must not disclose it to any other person or entity. EyeGuide will not be responsible to you or any third-party if you do not properly secure your password or if you choose to share your password with anyone else. Please see the Terms of Use for additional provisions concerning Accounts, Subaccounts and obligations concerning same.

In the event that we determine that there has been a security breach resulting in the unauthorized disclosure of Personally Identifiable Information to a third party, we will notify individuals whose Personally Identifiable Information has been so disclosed as required by law.

Unfortunately, no data transmission over the Internet can be guaranteed to be absolutely secure. As a result, while we strive to protect Personally Identifiable Information you submit to us, we cannot ensure or warrant the security of any information you transmit to us, and you do so at your own risk.

Use and Sharing of Information

Except as provided in this Privacy Policy, or as otherwise permitted or required under law, we reasonably attempt to ensure that we do not intentionally disclose any Personally Identifiable Information submitted by you through the Website and/or the App to any third party without having first received your permission (through your opting in or otherwise agreeing to the disclosure of such information).

We will release information, which may include Personally Identifiable Information, as required by law to comply with any valid legal inquiry or process such as a search warrant, subpoena, statute or court order. We will also release specific information, which may include Personally Identifiable Information, in special cases, such as if there is an attempted breach of the security of the Website or the App or a physical or property threat to you or others. We may also transfer user information, including Personally Identifiable Information, in connection with a corporate merger, consolidation, the sale of related assets or corporate division or other fundamental corporate change. We may provide access to the Personally Identifiable Information you submit to us, and other information to our contractors who are performing services for us in connection with our Website or App or in connection with the products or services that you have requested, which contractors are indicated above as being Third-Party Operators.

Additionally, we may use your Personally Identifiable Information to enforce or apply our Terms of Use and other agreements, including for billing and collection purposes and/or if we believe disclosure is necessary or appropriate to protect the rights, property, or safety of EyeGuide and its affiliates or others.

On occasion, we may collect Personally Identifiable Information from you in connection with optional special offers or promotions. We will share such information with necessary third parties for the purpose of carrying out the special offer or promotion. Your participation in the special offer or promotion constitutes your consent to such disclosure and use of such Personally Identifiable Information.

We also reserve the right to use your Personally Identifiable Information to send you communications regarding changes to this Privacy Policy or the Terms of Use.

Electronic Communications and Opting in and Opting Out

When you communicate with us electronically, via e-mail or otherwise, you consent to our use of the information you have provided, and you further consent to receive electronic communications from us. If you would prefer not to receive such communications, you can opt out of/unsubscribe to our e-mail lists by clicking on the "opt out"/"unsubscribe" line at the bottom of the e-mail you receive from us. You should be aware, however, that (i) it is not always possible to completely remove or modify information in our databases and servers, although we will always make reasonable efforts to do so upon your request, and (ii) we are unable to have your information removed from the records of any third party who has been provided with your information in accordance with this Privacy Policy.

Tracking Technologies

As you navigate through and interact with the Website and/or the App, we may use automatic data collection technologies to collect certain information about your equipment or device, browsing actions, and patterns, including (i) details of your visits to our Website and/or the App, including traffic data, location data, logs, and other communication data and the resources that you access and use on the Website and/or the App, and (ii) information about your computer, your device and/or your internet connection, including your IP address, operating system, browser type, the device's unique identifier and phone number, and mobile network information.

The information we collect helps us to improve our Website and/or the App and to deliver a better and more personalized service, including by enabling us to: (i) estimate our audience size and usage patterns, (ii) store information about your preferences, allowing us to customize our Website and App according to your individual interests;; and (iii) recognize you when you return to our Website and/or the App.

The Website and/or the App may use "cookies" and/or other technologies or files (collectively, "cookies") to identify how visitors make use of the Website and/or the App. Through the use of cookies, we may automatically collect certain non-personally identifiable information when you visit the Website and/or the App, including, but not limited to, the time and date of your visit, the pages that you access, and the number of times you return to the Website and/or the App. This information is not used to identify you, but is used in the aggregate to help us improve and enhance the Website and/or the App experience for all of our visitors. If you would prefer not to have such cookies stored on your computer or device, you may be possible modify your browser settings or your device settings to reject the cookies. However, by so rejecting the cookies, you may be unable to fully access the offerings on the Website and/or the App.

We may also collect information through the use of clear gifs (also called web beacons and web bugs) in selected e-mail messages we send to you. These are tiny graphic files, not visible to the human eye, that are included in HTML-based e-mails and used to let us know which e-mails we send are opened. Clear gifs may also see or read cookies on your computer. When authorized by us, third parties specializing in monitoring aggregate statistical use of the Website and/or the App with whom we contract, may use cookies, our web log files, web beacons, and other monitoring technologies to compile anonymous aggregate data.

Additionally, we may use IP address information to count and track aggregate visits to the Website and/or the App, to help diagnose problems with our server, and to administer the Website and/or the App. We do not link IP addresses to anything personally identifiable, so while a particular user's session can be tracked, the user remains completely anonymous.

Responding to DO NOT TRACK Signals

Please note that EyeGuide does not currently respond to DO NOT TRACK requests sent from a user's web browser, such as Internet Explorer, Chrome, and Safari.

Other Website and/or the App and Links

The Website and/or the App may include links to pages on third party websites, such as EyeGuide's social media pages, that we think will be of interest to you and are not operated by EyeGuide. These third party websites have separate data collection and privacy practices independent from ours, and EyeGuide is not responsible for the policies or activities of such other websites. Please contact such third parties directly if you have questions about their privacy policies.

Reviewing, Correcting or Requesting that We Discontinue use of Your Personal Data

If you would like to review the current details of your Personal Data or the Personal Data submitted by you, or if you would like us to either change, or discontinue use of, your Personal Data or other Personal Data submitted by you, please contact us at legal@eye.guide .

Changes to the Privacy Policy

We encourage you to review our Privacy Policy not just the first time you visit the Website and/or the App but periodically afterwards since we may modify our Privacy Policy from time to time. The date of the last update of the Privacy Policy will always be posted below:

March 31st, 2019

If we make any substantive changes to our Privacy Policy in the future with regard to how we use Personal Data, we will incorporate those changes here. Your continued use of the Website and/or the App after the changes are posted constitutes your agreement to the changes, both with regard to information we have previously collected from you and with regard to information we collect from you in the future. If you do not agree to the changes, please discontinue use of the Website and/or the App.

Lastly, if EyeGuide is sold or merged with another company, your Personal Data and any other Personal Data submitted by you may be included as part of the sale. In this case, your Personal Data and the Personal Data submitted by you will be maintained in the same manner as described in the Privacy Policy unless you're notified that the Privacy Policy has been changed.

EyeGuide's Contact Information

If you have any questions or comments about this Privacy Policy, the Website, the App, or your dealings with EyeGuide we encourage you to contact EyeGuide at:

EyeGuide, Inc.
1 West 3rd Street
Media, PA 19063
Telephone: (866) 931-9418
Email: legal@eye.guide