Consumer Health Data Privacy Policy
This Consumer Health Data Privacy Notice (“Consumer Health Data Privacy Notice”) supplements the Sofwave Privacy Notice.
This Consumer Health Data Privacy Notice only applies to personal information that we process that is “consumer health data” subject to the Washington My Health My Data Act (“MHMDA”) or Nevada Senate Bill 370 (“NV SB 370”) (as applicable).
Terms used in this Consumer Health Data Privacy Notice that are defined in MHMDA or NV SB 370 will have the meaning set forth in those laws to the extent such laws are applicable.
1. Consumer Health Data We Collect
Under the MHMDA, “consumer health data” is defined as “personal information that is linked or reasonably linkable to a consumer and that identifies the consumer's past, present, or future physical or mental health status.”
Under NV SB 370, “consumer health data” is defined as “personally identifiable information that is linked or reasonably capable of being linked to a consumer and that a regulated entity uses to identify the past, present or future health status of the consumer.”
Because consumer health data is defined very broadly, many of the categories of personal information that we collect under our Privacy Notice may also be considered consumer health data.
Examples of consumer health data that you may provide to us, or that we may otherwise collect, may include:
Information that could identify your attempt to seek health care services or information, including services that allow you to assess, measure, improve, or learn about your or another person’s health. For example, we collect information you submit to the Site, which may include information concerning your health and wellbeing, mental health, medical conditions, or other health-related topics.
Information about your health-related conditions, symptoms, status, diagnoses, disease, testing, or treatments.
Information about social, psychological, behavioral, and medical interventions.
Information about use or purchase of prescribed medication.
Information about measurements of bodily functions, vital signs, symptoms, or characteristics.
Information about diagnoses or diagnostic testing, treatment, or medication.
Information about surgeries or other health-related procedures.
Reproductive or sexual health information.
Biometric information.
Genetic data.
Information related to the precise (geo)location information of a consumer used to indicate an attempt by a consumer to receive health care services or products.
Other information that may be used to infer or derive data related to the above or other consumer health data.
2. Sources of Consumer Health Data
We collect consumer health data that you provide to us, consumer health data we collect automatically when you use the Site, and consumer health data from third-party sources, as described in our Privacy Notice and below.
3. Why We Collect and Use Consumer Health Data
We collect and use consumer health data for the purposes and in the manner described in the “How We Use Personal Information” section of the Privacy Notice.
Primarily, we collect and use consumer health data as reasonably necessary to provide you with the Site, fulfill your requests submitted via the Site, or as otherwise authorized by you. This may include delivering and operating the Site and its features, personalization of certain Site features, ensuring the secure and reliable operation of the Site and the systems that support the Site, troubleshooting and improving the Site, and other essential business operations that support the provision of the Site (such as analyzing our performance and meeting our legal obligations).
We may also use consumer health data for other purposes for which we give you choices and/or obtain your consent as required by law.
4. Sharing of Consumer Health Data
We may share each of the categories of consumer health data described above for the purposes described above and in the “How We Use Personal Information” section of the Privacy Notice.
5. Third Parties with Which We Share Consumer Health Data
We may share consumer health data with the categories of third parties listed in the “How We Disclose Personal Information” section of the Privacy Notice.
6. How to Exercise Your Rights
MHMDA and NV SB 370 provide consumers with certain rights with respect to consumer health data.
Under MHMDA, consumers have the right to: (i) confirm whether Sofwave is collecting, sharing, or selling consumer health data and to access such data; (ii) withdraw consent from Sofwave’s collection and sharing of consumer health data; and (iii) request that Sofwave delete consumer health data.
Under NV SB 370, consumers have the right to: (i) confirm whether Sofwave is collecting, sharing or selling consumer health data; (ii) have Sofwave provide the consumer with a list of all third parties with whom Sofwave has shared consumer health data relating to the consumer or to whom Sofwave has sold such consumer health data; (iii) request that Sofwave cease collecting, sharing, or selling consumer health data relating to the consumer; and (iv) request that Sofwave delete consumer health data.
The rights afforded to consumers under MHMDA and NV SB 370 are subject to certain exceptions.
You can request to exercise such rights by contacting us at: [email protected].
If your request to exercise a right under MHMDA or NV SB 370 is denied, you may appeal that decision by contacting us at: [email protected].
If your appeal is unsuccessful and your consumer health data is subject to MHMDA, you can raise a concern or lodge a complaint with the Washington State Attorney General at www.atg.wa.gov/file-complaint.
7. Disclosure Regarding Third Party Collection of Consumer Health Data under NV SB 370
This section only applies to our processing of consumer health data that is subject to NV SB 370.
We do not allow third parties to collect consumer health data over time and across different Internet websites or online services when the consumer uses any Internet website or online service of Sofwave.
Nonetheless, please note that third parties may still be able to collect consumer health data from you over time and across different websites depending on your browser, browser add-ons, and associated permissions you set on your device.
This collection of consumer health data by those third parties is unrelated to Sofwave’s collection of consumer health data from you, and we encourage you to view those third parties’ privacy notices for more information about their processing of consumer health data and the methods they provide to allow you to opt out of such processing.
8. Updates to This Consumer Health Data Privacy Notice
We may update this Consumer Health Data Privacy Notice from time to time in our sole discretion. If we do, we’ll let you know by posting the updated Consumer Health Data Privacy Notice on our website, and/or we may also send other communications.
