Data Protection Notice
Effective Date: February 25, 2019
This App has been developed and is operated by Orpyx Medical Technologies in Alberta, Canada and the collection, use, and sharing of your data is governed by both Alberta’s Personal Information Protection Actand the federal Personal Information Protection and Electronic Documents Act (the “Applicable Law“).
The App works in conjunction with the following wearable technology: Orpyx SurroSense PROTECT, to help actively manage the complications associated with peripheral neuropathy, measure plantar pressure or improve mobility and balance. This system is made available to you via app stores and can be downloaded for free. The App allows you to upload information from your Orpyx wearable technology to assist in the effectiveness of the technology, send alerts to the linked smart device and track user progress. The App is part of a secure cloud-based health management system (the “Orpyx Cloud“) intended for use by individuals to: help manage complications associated with peripheral neuropathy; improve mobility and balance in patients with multiple sclerosis; and provide real-time analysis of plantar pressure.
Please read this Data Protection Notice before creating a cloud account and explicitly consenting and agreeing to the upload your personal information, including health-related information.
Using the Orpyx App
Your use of the App is conditional to your consent. You will be required to create an Orpyx Cloud account, and if you do so, your personal information will be stored locally on your smartphone and in the Orpyx Cloud. To access your personal data on your mobile devices or the Orpyx cloud you will be required to sign in and authenticate with your username and password.
When you first open the App, you will be required to create an Orpyx Cloud account and agree to a version of this Data Protection Notice and the End-user License Agreement. You will also be asked to accept and consent to these terms and conditions before being able to use the App.
Creating an Orpyx Cloud account
If you choose to register for an Orpyx Cloud account, your personal information will be backed up to the Orpyx Cloud. You will be able to access the data stored in your Orpyx Cloud account, including your user progress, on multiple devices. Creating an Orpyx Cloud account will ensure that the Orpyx wearable technology you pair to the App can sync information and settings. This may include aggregate timestamped sensor data, device usage, and app interaction and usage data.
If you choose to create an Orpyx Cloud account you will be asked to provide your express consent to the processing of your personal and health-related information as described in this Data Protection Notice.Please do not create an Orpyx Cloud account or discontinue usage if you do not wish for your personal or health-related information to be processed by us.
Cloud Account – Personal Data Submission and Collection
Orpyx will process your personal information when you submit it in the following ways:
- Downloading the App and creating an Orpyx Cloud account: When you create an Orpyx Cloud account: your name (first and last), email address, authentication details and other registration information, including your chosen password for a Orpyx Cloud account, will be collected by Orpyx. The App may also be used to capture information regarding plantar pressure, gait and balance, rehabilitation progress, health conditions or dangerous plantar pressure conditions. This may include the collection of your health history, medications, food consumption and exercise regime, your hospital address and hospital attendance dates, health care practitioner reports, rehabilitation progress and gait or balance assessments.
- Customer Services: We keep a record if you contact us about the App, your Orpyx Cloud account or for any other reason. You may also provide us with personal information: by completing forms, as part of an order for products or services, where you have enquiries or requests; or when you report a problem with the App and similar situations where you choose to provide us with your personal information.
- Information About Your Device: We do not collect location data about your device. When you use the App, we will automatically receive technical information, including the type of mobile device you use, a unique device identifier (such as your device IMEI number, MAC address of the device’s wireless network interface, or the mobile phone number used by the device), mobile network information, your mobile operating system and software version number, IP address, the type of mobile browser you use, the country and language code and time zone setting. We will also collect information about your use of the App, such as any meter errors, log files and administration data so that we can ensure good operation of the App.
The Reasons for Processing your Personal Information
We process your personal information, including health-related information, in the following ways:
- to provide you with the App and its services and functionalities, and to notify you of any changes;
- to provide you with cloud-based health management services if you choose to set up an Orpyx Cloud account;
- to respond to any request we may receive from you, such as requests for App or account support;
- to continue to develop, test and improve the App, including to offer new functionality and features;
- to better understand how you interact with the App, including its functionality and features, as well as to ensure that content is presented in the most effective manner;
- to support, maintain and troubleshoot, or fix any issues with the App, including as part of our efforts to keep the App effective safe and secure;
- to conduct data and statistical analysis, testing, research, as part of our efforts to keep the App safe and secure;
- to allow you to participate in interactive features of the App, when you choose to do so;
- to invite you to participate in surveys, opinion groups or promotional and marketing activities related to your operation and use of the App, your Orpyx Cloud account or our products and services, including in conjunction with selected third parties;
- as necessary if we need to issue a safety notice or corrective action related to the App, our technology or your Orpyx Cloud account; and
- to make suggestions and recommendations about products or services that may interest you, as described in the “Marketing” section below.
We may use and disclose to third party researchers statistical, aggregated, anonymised or de-identified information for the purposes of:
- determining and improving the effectiveness of disease management techniques, therapies, treatments and costs;
- researching and evaluating how the App and the Orpyx Cloud account services are provided and used;
- evaluating the performance, impact and experience of the App and Orpyx Cloud account on users (including based on user demographics, such as geography);
- evaluating the performance and interface of the App with our different wearable technology;
- enhancing the functionality and features of the App and the Orpyx Cloud account services;
- testing and validating App upgrades; and
- product development.
Orpyx may also collect and use technical information about your devices and related software, hardware and peripherals that are internet-based or wireless to improve our products and services and to provide you with the various functionalities of the App.
Orpyx will store your personal information for only as long as is mandated by Applicable Law. Where there is no legal limit mandated on such storage, we will only store your personal information for as long as we need it as described in this Data Protection Notice.
YOU AGREE THAT BY CREATING AN ORPYX CLOUD ACCOUNT AND BY ACCEPTING THIS DATA PROTECTION NOTICE, YOU CONSENT TO THE PROCESSING OF YOUR PERSONAL INFORMATION, INCLUDING SENSITIVE HEALTH-RELATED INFORMATION, AS DESCRIBED IN THIS NOTICE.
We may contact you to tell you about products and services that we feel may be of interest to you or that are similar to those that you have already purchased or inquired about.
Unless you have chosen not to receive our marketing communications, you may be contacted by us, your local Orpyx company, a distributor of Orpyx products, or one of our selected partners, in each case where you have consented to receive these communications.
You may opt out of receiving our marketing communications at any time by contacting us at email@example.com.
We will continue to contact you for non-marketing related purposes where we need to send you information about the App, your Orpyx Cloud account or where we need to issue a field corrective or safety notice. We may send information to you via App notifications, reminders or alerts to inform you of new developments. You can manage push notifications in your mobile device settings.
Sharing your Personal Information
Orpyx may share your personal information with:
- our service provider, involved in the development, troubleshooting or fixes relating to support, testing and maintenance of the App;
- distributors of our products, if you live in a country where we use a distributor;
- our selected partners where you have chosen to participate in surveys, opinion groups or other marketing-related initiatives relating to your use of our products and services, including the App or your Orpyx Cloud account; or
- a prospective seller or buyer in the event of a sale or purchase of any Orpyx business or asset so that the buyer can continue to provide you with information and services.
We may also share your personal information with our distributors, business partners, or service providers, including for marketing purposes or where you have chosen to share your personal information through various features and functionality provided via the App. In each case, we will only share your personal information with third parties so that we may provide, maintain, host and support the App and Orpyx Cloud accounts.
Using the App to share data
Please note that any sharing of your personal information is wholly at your own risk and Orpyx is not responsible for securing or protecting the information that you choose to send to other persons via the App. You should be aware that there are risks involved in sharing information over the internet, including the potential for such information to be intercepted by unauthorised third parties. We recommend that you exercise caution when choosing to share your personal information with anybody.
Storing your Personal Information
Residents of the United States and Canada: Personal information in your Orpyx Cloud account will be stored on servers located in the United States of America. Our data processor for the hosting of Orpyx Cloud accounts is Microsoft Azure.
We have implemented appropriate safeguards to protect your personal information when it is transferred, including the execution of data transfer agreements with recipients of the information. For access to copies of these agreements please contact Orpyx by email at firstname.lastname@example.org. We will process any request in line with any local laws and our policies and procedures.
BY SUBMITTING YOUR PERSONAL INFORMATION TO ORPYX OR DOWNLOADING AND USING THE APP, YOU EXPLICITLY CONSENT TO THIS TRANSFER, STORING AND PROCESSING OF YOUR PERSONAL INFORMATION, INCLUDING HEALTH-RELATED INFORMATION.
Keeping your Personal Information Secure
Orpyx implements appropriate administrative, technical and physical safeguards to protect the confidentiality, integrity and availability of your personal information. We use strict procedures and security features, including cryptographic techniques, and take all steps reasonably necessary to ensure your personal information is processed securely and in accordance with this Data Protection Notice.
You are also responsible for protecting against unauthorised access to the App and your Orpyx Cloud account. Orpyx recommends that you use strong password security, by using a mix of letters, numbers and symbols, and a different password for your Orpyx Cloud account than you use for any other accounts that you may have. You should keep your account information password confidential and not share it with anyone. Orpyx is not responsible for any lost, stolen or compromised passwords or for any access to your Orpyx Cloud account from unauthorised users where caused by you. If you think your account has been compromised, please contact us as soon as you can at email@example.com.
Exercising your Rights
Subject to Applicable Law, you have the right to request access to your personal information, to have it rectified or erased, to object to its processing or to have access to it restricted. We may ask you for additional information to confirm your identity and for security purposes, before disclosing information requested to you.
To exercise any of your rights in connection with your personal information, please contact Orpyx by email at firstname.lastname@example.org. We will process any request in line with Applicable Law and our policies and procedures.
Do Not Track
We do not collect personal information about your online activities over time and across third-party websites or online services. We also do not allow third parties to collect personal information about your online activities over time and across other websites or online services when you use the App. We do not respond to browser “Do Not Track” signals.
Changes to this Data Protection Notice
Any changes to this Data Protection Notice in the future will be posted on this page and, at our discretion, provided to you by e-mail or via a push notification on the App.
Questions, comments and requests regarding this Data Protection Notice are welcomed and should be sent to email@example.com. If you contact us, we will do our utmost to address any concerns you may have about our processing of your personal information.
U.S. Patent No. 10,004,428 - June 2018
U.S. Patent No. 9,778,131 B2 - October 2017
U.S. Patent No. D740,950 S - October 2015
Australia Patent No. 2011320072 - May 2016
Japan Patent No. 6004444 - October 2016
New Zealand Patent No. 611197 - November 2015