GastroTrackAI Privacy Policy

Last Updated: March 3, 2023

At GastroTrackAI, we take your privacy very seriously, and we want you to be familiar with how we collect, use, and share personal information from you. Please carefully read this privacy policy (the “Privacy Policy”) as it contains important information about your legal rights.
This Privacy Policy forms a part of the Terms of Use, which are binding terms between GastroTrackAI and its affiliates and subsidiaries (“GastroTrackAI,” “we,” or “us”) and you. Any capitalized terms that are not defined in this Privacy Policy will have the meanings given to those terms in the Terms of Use. This Privacy Policy applies to your access to and use of the following services, which we refer to collectively as the “Services”:

• GastroTrackAI's mobile applications (the “Apps”);*
• the websites that GastroTrackAI operates (including www,gastrotrackai.com) (the “Sites”); and
• all related services and features that GastroTrackAI provides.

In this Privacy Policy, we describe how we collect, maintain, use, disclose, and process certain information about you. By accessing or using the Services, you consent to this Privacy Policy and to our collection, maintenance, use, disclosure, and processing of Personal Information, all as described in this Privacy Policy. 

WHAT IS THE PURPOSE OF THIS PRIVACY POLICY?

Personal Information regarding our users is an integral part of our business. This Privacy Policy explains how we collect, maintain, use, disclose, and process your information, which includes, among other things, gathering, storing, evaluating, modifying, deleting, combining, sharing, and transferring that information. Unless we obtain your permission, we will not share your Personal Information with other people or non-affiliated companies except as expressly permitted or required by this Privacy Policy.

We will not rent or sell your Personal Information, and we will not permit our business partners to rent or sell your Personal Information either. We may transfer Personal Information in connection with a transfer of part of our business, but if we do, we would require that the successor entity comply with the terms and conditions of this Privacy Policy.

WHAT DOES THIS PRIVACY POLICY COVER?

This Privacy Policy covers how we use and disclose Personal Information that we gather from you beginning at the time that you first access one of our Sites or Apps and on an ongoing basis as you use or access the Sites, the Apps, or other aspects of our Services. GastroTrackAI is also dedicated to maintaining the privacy and integrity of the protected health information that you input into our Apps and Sites.

Personal Information – In General

In this Privacy Policy, we use the term “Personal Information” to refer to information we gather that could be used to identify or contact you and any information we gather concerning your use or potential use of the Services. Your Personal Information that we receive may include “personal information” as that term is defined by relevant laws and regulations, including the California Consumer Privacy Act. Examples of Personal Information include your first and last name, your personal profile, your email address or other contact information, and all User Submissions.

Protected Health Information

In this Privacy Policy, we use the terms “Protected Health Information” or “PHI” to refer to the subset of Personal Information that we create, receive, transmit, or maintain as part of your usage of any GastroTrackAI App or Site. Federal and state law afford you certain rights with respect to any access to, use of, or disclosure of your PHI. 

Your privacy is important to us, and we are committed to carefully managing your Personal Information in connection with the Services that we provide. This Privacy Policy does not apply to the practices of any third parties that we do not control or the products or services that they provide. For more information on Third-Party Offerings and Third-Party Providers, please review the Terms of Use.

WHAT PERSONAL INFORMATION DO WE COLLECT?

We collect various Personal Information from you and certain devices that you may use, as further described below. This includes information collected through applications, registrations, and your use of our Services. We also collect Personal Information in connection with your inquiries. Collection starts from the time that you initially access our Services.

Information that we gather enables us:

• to administer your account,
• to provide you with the Services,
• to send you communications regarding the services we offer,
• to respond to your inquiries,
• to obtain your feedback on our Services,
• to understand who is using our Services and how the Services are performing,
• to otherwise analyze user behavior and activity,
• to personalize and improve our Services,
• to conduct research activities,
• to manage the security of the Services, and
• to fulfill any requirements imposed on us by applicable laws and regulations.

In some cases, you will provide Personal Information, including Protected Health Information, to us in connection with your use of the Services, and in other cases, we may collect this information automatically when you visit or interact with the Site, the Apps, or other aspects of the Services. We provide more detail below on the types of Personal Information that you provide and the types of Personal Information that we collect automatically:

Personal Information that You Provide to Us

We receive and store any information that you enter on our Site or through one of our Apps, information that you share with us by email or phone, and any other information that you provide to us through the Services. Personal Information that you provide may include your full name, gender, email and password, contact information, certain health information (information concerning your digestive symptoms, diet, exercise, sleep, and other activities), health insurance information, User Submissions (as further described in our Terms of Use), and any other information or data that you provide when using our Services.

We will use the Personal Information that you provide for the purposes described above (and any other purposes intrinsic to the Services that you use) and to provide you with an engaging and personalized experience in using the Services. You can choose not to provide us with certain information, but if you do make that choice, we may be unable to provide you with access to or use of many of our features.

Personal Information Collected Automatically

In addition to any information that you provide to us through the Services, we and our third-party service providers may use a variety of technologies that store or collect certain information from you automatically (or passively) when you visit or interact with the Site, the Apps, or other aspects of the Services (“Usage Information”). This Usage Information may be stored or accessed using technologies downloaded to your device whenever you visit or interact with the Services. Examples of Usage Information include: your IP address, other unique device identifiers assigned to your device that allow our computers to recognize you, details of your device’s characteristics and functionality (e.g., browser, operating system, mobile network information), the areas within the Site, the Apps, or other aspects of the Services that you visit and your activities there, your device’s location, and certain other data regarding your device. To the extent we associate Usage Information with your Personal Information that we collect directly from you, we will treat it as Personal Information.

Information from Your Browser or Device

We automatically receive and record Usage Information from your browser on our server logs whenever you interact with the Site, the Apps, or other aspects of the Services. We may use this Usage Information to provide you with customer service and support. We also may use this Usage Information to recognize you when you arrive at the Site from an external link, such as a link appearing on a third-party site or in an email generated by us. We discuss this type of technology in more detail under “Tracking Technologies” below.

Our Services also collect Usage Information to determine how often visitors use parts of the Site, the Apps, or other aspects of the Services so that we can improve our Services and strive to ensure that the Services appeal to as many users and customers as possible. Our Services collect this data in a manner similar to how TV ratings may indicate the number of people that watched a particular show. 

You may set your browser to refuse or disable these data collection methods, but doing so may change your experience with the Site, the Apps, or other aspects of the Services, diminish certain aspects of the Services’ functionality, or render certain features inoperable. For example, the Site may not recognize or respond to your browser with “do not track” technologies employed.

Email Communications

We may receive a confirmation when you open an email from us if your device supports this type of program. We use this confirmation to make emails more interesting and helpful. When you receive an email from us, you can opt out of receiving further emails by following the included instructions to unsubscribe. If you would like assistance in unsubscribing from email communications, please contact us in any of the manners described at the end of this Privacy Policy. Please keep in mind that, by opting out of further email communications after you enroll in an GastroTrackAI Program, you may limit program reminders and other valuable program content and components.

Tracking Technologies

We may use various tracking methods or technologies (“Tracking Technologies”) to store or collect your Usage Information, including information about your visits to or interactions with our Site, the Apps, and other aspects of the Services. We use Tracking Technologies for a variety of purposes we believe to be necessary or helpful in improving or assessing the performance of the Services (for example, as part of our analytic practices) or in offering you enhanced functionality (for example, to identify you when you sign in, to keep track of your specified preferences, or to help ensure that the security of your account has not been compromised).

Tracking Technologies may include the following technologies and methods as well as any subsequent technologies and methods later developed to perform similar functions:

Cookies. Cookies are alphanumeric identifiers that we transfer to your device through your browser to enable our systems to recognize your browser and to tell us how and when you visit pages in our Site or other aspects of the Services. We use cookies to enhance visitors’ experiences by understanding how they engage with and navigate our Site and the Services. Regular cookies may be disabled or removed generally by adjusting certain settings available as part of most browsers. In some (but not all) cases, these tools can block those cookies in the future. Each browser that you use would need to be set separately, and different browsers offer different functionality and options in this regard. In addition, these tools may not be effective for certain types of cookies (e.g., Adobe Flash or HTML5 cookies). Your ability to limit cookies when you revisit our Site or Services is subject to your browser settings and limitations. Please note that, if you disable or remove cookies on your device, some parts of our Site or other aspects of our Services may not function properly.

Embedded Scripts. An embedded script is programming code designed to collect information about your interactions with the Site, the Apps, and other aspects of our Services, such as a link that you may click on. Embedded scripts are temporarily downloaded onto your device. Embedded scripts remain active only while you are connected to the Services and are then deactivated or deleted.

Web Beacons. The Services may also include small graphic images or other web programming code called “web beacons” (also known as “1×1 GIFs” or “clear GIFs”). Any electronic image or other web programming code inserted into a page or email can act as a web beacon, and web beacons may be invisible to you. Web beacons and similar technologies may be used for a number of purposes, including to count visitors to the Services, to count how many sent emails were opened, to count how many articles or links were viewed, or to monitor how users navigate the Services.

WHO OWNS THE PERSONAL INFORMATION YOU DISCLOSE TO COMPANY?

You retain all ownership or license rights that you possess in your User Submissions (including any Personal Information and PHI), provided that when you use the Services or otherwise disclose or authorize others to disclose any User Submissions to us, you grant us a license to those User Submissions as described in our Terms of Use and this Privacy Policy.

WHAT PERSONAL INFORMATION DO WE SHARE?

The following sections describe certain circumstances when we may share your Personal Information: 

Communications in Response to User Submissions

As part of the Services, you will receive from us email and other communications relating to your User Submissions. By posting User Submissions, you acknowledge and agree that we may send you email and other communications that we determine in our sole discretion relate to your User Submissions.

Reporting to Sponsors and Third-Party Administrators

We may, in our sole discretion, share, transfer, or otherwise disclose certain of your Protected Health Information to entities that are authorized to receive that information for legally permitted purposes under HIPAA, which may include the companies paying for your participation in an GastroTrackAI Program. This type of sharing is described in more detail in our BAA agreements with other covered entities. We only share your Protected Health Information in accordance with HIPAA and other applicable legal requirements.

Information Available to App Providers

By downloading any of the Apps from an App Provider, such as the Apple App Store or Google Play, please note that the App Provider and its agents may be able to identify you as a user of our Services.

Our Business Transfers

We reserve the right to disclose and transfer all Personal Information to an operator of the Site or of any of the Apps or applicable databases, provided that the operator agrees to be bound by the applicable terms and conditions of this Privacy Policy. We also reserve the right to disclose and transfer all Personal Information to a successor in interest of GastroTrackAI in connection with a merger, consolidation, restructuring, or change of control, the sale of substantially all of our interests and/or assets, or another organizational change (including during the course of any due diligence process), provided that the successor entity agrees to be bound by the terms and conditions of this Privacy Policy.

Protection of GastroTrackAI and Others

We may release your Personal Information when we believe in good faith that releasing that information is necessary to comply with applicable law, to enforce our conditions of use and other agreements, or to protect the rights, property, or safety of GastroTrackAI, our employees, our users, or others. We may exchange information with other companies and organizations to detect, suppress, or protect against fraud and for credit risk reduction. If necessary and required by law, we will disclose any breach of the security, confidentiality, or integrity of your Personal Information, including, without limitation, breaches of your unencrypted, electronically stored “personal information” or “medical information” (as defined by applicable laws). To the extent permitted by applicable laws, we may make these disclosures to you via email or a conspicuous posting on your private profile in the Services in the most expedient time possible and without unreasonable delay, so long as this is consistent with the legitimate needs of law enforcement and any other measures necessary to determine the scope of the breach and restore the reasonable integrity of the data system.

De-identified Data

As described in our Terms of Use, we may de-identify the User Submissions that you share with us, including any Personal Information, or otherwise process them so that they are no longer attributable to you without additional information (“De-identified Data”). We may use that De-identified Data without restriction in any way allowed by law. For example, we might use De-identified Data to understand, evaluate, or modify the Services, to generate statistical information about the Services that we share with our customers and other third parties who are evaluating, analyzing, accrediting, or researching GastroTrackAI's programs, or for our other business purposes. When an applicable law requires that we use a particular method of de-identifying data or rendering it no longer attributable to you, we will comply with that law. Otherwise, we may use a method that is appropriate under the circumstances and would not reasonably identify you.

IS MY PERSONAL INFORMATION SECURE?

We employ industry-standard administrative, physical, and technical measures designed to safeguard and protect information under our control from unauthorized access, use, and disclosure. In addition, when we collect, maintain, use, disclose, and process your Personal Information, we will do so using systems and processes consistent with the information privacy and security requirements of applicable federal and state laws, including HIPAA.

Your individual user account is also protected by a password for your privacy and security. To help avoid unauthorized access to your account and Personal Information, we suggest that you safeguard your password appropriately, limit access to your devices and browsers, and sign off after you have finished accessing your account.

In addition, to the extent that you use one of the Apps and your device permits that App to send you push notifications, we may send you push notifications that include Personal Information and, in limited instances, PHI that is not encrypted. Depending on your device settings, push notifications may be visible to other people who encounter your device. In most cases, you can opt out of receiving push notifications by adjusting the settings on your device. To the extent that you do not opt of receiving push notifications, you agree to receive push notifications and to be responsible for the security and confidentiality of any information displayed in push notifications on your devices.

We exercise great care to protect your Personal Information. However, we cannot ensure the security or confidentiality of any Systems or Connections that you use to transmit information to us. For example, we cannot ensure that your email or your mobile phone or any other personal device is secure. In addition, communication lines used to transmit emails and text messages do not have the same security features that are built into our Services. For more information on your Systems and Connections, please review the Terms of Use.

Although we take great care to protect your Personal Information, we cannot guarantee that criminals or others acting unlawfully will not succeed in efforts to undermine our security measures. Unauthorized entry to, access to, or use of our systems or locations, hardware or software failure, loss, and other factors may compromise the security of your information at any time.

If you have reason to believe that your data or your interactions with us are no longer secure or if you have questions related to privacy or data security, you may contact us in any of the manners described at the end of this Privacy Policy.

WHAT PERSONAL INFORMATION CAN I ACCESS AND CORRECT?

If you have an account with us to receive one of the GastroTrackAI services, you can access certain information about you described below through the App or otherwise through the GastroTrackAI service in order to view, and in certain situations, update that information. This list may change as the Services change.

• User email address
• Password
• Communication preferences (e.g., email and push notifications)
• Tracking data on diet, bowel movements, medications, symptoms, exercise, sleep, mood, food and other

In order to help us maintain your information and ensure that it is accurate and up to date, please update your information if it changes or inform us promptly in any of the manners described at the end of this Privacy Policy so that we can make the appropriate changes. When you update information, we often maintain a copy of the unrevised information in our records.

WHAT RIGHTS AND CHOICES DO I HAVE REGARDING MY PERSONAL INFORMATION?

Choosing Not to Disclose

You may choose not to disclose information to us, even though that information may be required to take advantage of certain features of the Services.

Requesting Information

You also have the right to request certain information from us, specifically:

• a copy of the Personal Information that we collect from you,
• a description of the specific pieces of Personal Information that we collect from you,
• a description of the categories of Personal Information that we collect from you (which you can find in this Privacy Policy),
• a description of the sources of Personal Information that we collect from you (which you can find in this Privacy Policy), and
• a description of the purposes for which we gather Personal Information from you (which you can find in this Privacy Policy and in our Notice of HIPAA Privacy Practices).

You also have rights concerning our access to and use of your Protected Health Information.

For your convenience and to avoid any need to request this information from us, we have confirmed in this Privacy Policy that we will not rent or sell your Personal Information.  
To request information from us or to obtain additional information and instructions for exercising your rights to obtain information, please contact us in any of the manners described at the end of this Privacy Policy.

Unsubscribing from Communications

You may unsubscribe from communications from us, but please keep in mind that, by opting out of further communications after you enroll in a GastroTrackAI service, you may limit program reminders and other valuable program content and components. In addition, even if you do not want to receive legal notices from us, such as this Privacy Policy, those legal notices will still govern your use of the Services, and you are responsible for reviewing legal notices for changes. When you receive an email from us, you can opt out of receiving further emails by following the included instructions to unsubscribe. If you would like assistance in unsubscribing from email communications you may indicate this preference by contacting us in any of the manners described at the end of this Privacy Policy. We will process your request within a reasonable time, but please note that you may receive additional emails as we process your request.

Deleting Your Personal Information

You have the right to request deletion or restriction of your personal data processed by us. Even if you stop using our Services for any reason, we will protect your User Submissions and other Personal Information in accordance with our Terms of Use and this Privacy Policy as if you were still using the Services.

HOW DO WE PROTECT CHILDREN’S PERSONAL INFORMATION?

The Services are not directed to children, and we do not knowingly collect Personal Information from children. We do not knowingly allow or solicit anyone under the age of 18 to participate independently in any of the Services. If a parent or guardian becomes aware that a child has provided us with Personal Information, please contact us. If we become aware that a user of the Services under the age of 18 has provided us with Personal Information without verifiable parental consent, we will delete such Personal Information from our files.

HOW CAN WE CHANGE THIS PRIVACY POLICY?

We may prospectively change or replace any terms of this Privacy Policy at any time and for any reason at our discretion. We will post the most recent version of this Privacy Policy on our Sites and in the Apps, and any changes to this Privacy Policy will become effective when posted. Use and disclosure of information that we collect is subject to the Privacy Policy in effect at the time the information is disclosed to us. You are responsible for checking this Privacy Policy periodically for changes. If we change or replace any terms of this Privacy Policy in a manner that meaningfully reduces your rights, we will notify you and designate a reasonable time period before the new terms will take effect. By continuing to use or access the Services after any changes come into effect, you agree to be bound by the updated Privacy Policy. If you disagree with any changes, you must stop using the Services.

HOW CAN YOU CONTACT US WITH QUESTIONS OR CONCERNS?

If you have any questions or concerns regarding this Privacy Policy or GastroTrackAI's privacy practices or if you would like to request to access or correct your Personal Information, please contact us by email at contact@gastrotrackai.com.