Emovi Client Portal – Privacy Policy

Emovi Inc. makes available the Emovi Client Portal to allow clinicians to generate and consult from a single place osteoarthritis reports, interpretation reports and kinematic graphs based on an individual’s walking gait.

• We use “Privacy by Design” principles to guide us at every stage of the development process to keep your data secure and private.
• We have drafted our policies to be easy to read and understand.
• We comply with all laws where applicable to our handling of data, including HIPAA, GDPR and Canadian Privacy Policy.
• We let you choose how you interact with our services, and you can change your preferences at any time.

We are passionate about providing information to you to help you improve your patients’ health and their lives. We are committed to using your data only for that purpose.

EFFECTIVE DATE: July 17th, 2020

This Privacy Policy (“Policy”) describes how Emovi Inc. (“we,” “us,” or “our”) collects, uses, and discloses information that we obtain about your use of the Emovi Client Portal and/or Emovi KneeKG App+ websites at app.emovi.ca, app2.emovi.ca, app3.emovi.ca, kneekgapp.emovi.ca, kneekgapp2.emovi.ca or kneekgapp3.emovi.ca as applicable (the “Site”), the Knee3D™ software suite (the “Software”), KneeKG™ reports (“KneeKG”), collectively the “Service”, including information that we collect from you during your account registration for the Service and any information generated by the Emovi KneeKG 2.0 System (“KneeKG Data”) that you connect or import to the Software.

1. Does this Policy apply to you?

• This Privacy Policy applies to all uses of our Services globally and you should not use the Services if you do not agree to this Privacy Policy.
• This Privacy Policy applies to EEA (European Economic Area) users unless you are a data subject using any Services under direction from a healthcare professional (“HCP”) where the HCP and the data subject/patient have an agreement between them covering the use of the Services. In such a case the HCP or his/her institution is the Data Controller for data collected from/by the Service, and the HCP’s or his/her institution’s privacy policy will apply, not this Privacy Policy.
• If you are located in the United States, your information is stored in the United States.
• If you are located in Canada, your information is stored in Canada.
• If you are a user located in the EEA, we store your information in the European Union.
• If you are located outside the United States, Canada or the EEA, your information is stored in either the United States, Canada or the European Union (each a “Region”) as selected by your institution for the use of the Service by you. By using the Service, you agree that your personal information and any personal health information of another person that you provide directly to us or that we collect through your use of the Service, may be transferred to and stored in the Region selected by your institution.

2. The Information We Collect About You

We collect information directly from you, from devices and third party services you connect to the Service, as well as automatically through your use of our Service.

• When You Create, Update, or add information to Your Profile. When you register to use the Service, we collect the personal information you provide us, including your name, email address and password, clinic name and address, clinic telephone number and clinic role (such as physician, physiotherapist, administrator, athletic therapist, kinesiologist, etc.).

• When You Contact Us. When you contact Emovi directly, such as when you contact our Customer Support team, we receive the contents of your message or any attachments you may send to us, as well as any additional information you choose to provide.

We collect additional information from the Service:

• When You Use the Service. When a healthcare provider submits or imports patient information through the Service, based on permissions from both the patient and the healthcare provider, we receive patient profile information from the “Clinical Info’’ program of the Software (where clinicians create a patient file and new consultation) that is extracted and saved to a cloud database and can be reached through the Service into the Software, including: patient name, name, email address, telephone number, birthdate, gender, medical record number, patient reported outcomes, knee kinesiography, and any HCP user-generated data submitted such as diagnosis, clinical evaluation results or notes. EEA patient data imported or entered by healthcare providers using the Service is independently controlled by you or your institution as the healthcare provider and Data Controller, and is subject to your or your institution’s privacy policy, and not this Privacy Policy.
• When you Use KneeKG Data. We collect raw kinematic data from the KneeKG 2.0. System, locations on the patient’s body where the KneeKG recording was taken (e.g., right knee, left knee) and the type of movement assessed. KneeKG Data also includes HCP identifiers for the specific recording, such as identification of the person who performed the assessment (e.g., nurse, technician), and the name of the responsible HCP (e.g., physician, therapist, etc.) if applicable. We collect additional information from the KneeKG 2.0 system devices that you use at the time of recording, including device identifiers, biomechanical data, local time and geographic location.

3. How We Use Your Information

We process your information, including your personal information, for the following purposes:

• To provide our Service to you, to communicate with you about your use of our Service, to respond to your inquiries, and for other customer service purposes.
• To tailor the content and information that we may send or display to you, to offer location customization, and personalized help, instructions and training, and to otherwise personalize your experiences while using the Service.
• For marketing and informational purposes, to the extent permitted by law and, where required, with your consent.
  – For example, we may use your information, such as your email address, to send you information regarding medical education events, training programs, journal clubs, or to otherwise contact you about products, services or information we think may interest you. You can opt-out of receiving these emails at any time by contacting Emovi Customer Support at support@emovi.ca.
• To better understand how users access and use our Service, both on an aggregated and individualized basis, in order to research, develop or improve our Service, programs, products, features, services and content, to respond to user desires and preferences, and for other analytical purposes.

• To administer surveys and questionnaires.
• To remove your personal identifiers. In this case, you will no longer be identifiable as a unique individual and we may treat de-identified information like other non-personal information.
• To comply with legal obligations, as part of our general business operations, and for other business administration purposes.
• To protect our rights or property.
• Where we believe necessary to investigate, prevent or take action regarding illegal activities, suspected fraud, situations involving potential threats to the safety of any person or violations of our Terms of Service or this Privacy Policy.

4. How We Share Your Information

We may share your information, including personal information, as follows:

• No Sale. Emovi will not sell, exchange or publish personal information collected through the Service with an unrelated third party without your permission, except as otherwise provided in this Privacy Policy.
• Emovi Third Party Partners. With your consent, we may share information from the Service with other third-party partners with whom your organization has authorized the sharing of such data.
• Affiliates. We may disclose the information we collect from you to our affiliates or subsidiaries; however, if we do so, their use and disclosure of your personal information will be subject to this Privacy Policy.
• Service Providers. We may provide selected information we collect from you to third party vendors, service providers, contractors or agents who perform service functions needed by us to run the Service business, such as providers of hosting, email communication, customer support services and analytics, based on our instructions and on our behalf, and in compliance with this Privacy Policy and any other appropriate confidentiality and security measures. In all cases in which we share personal information with a third party, we will not authorize them to keep, disclose or use this information with others except for the purpose of providing the services we asked them to provide.
• Aggregate Information. We may share aggregate information—that cannot reasonably be used to identify any individual—with third parties for marketing, advertising, research or similar purposes.
• Business Transfers. We may share personal information collected from your use of the Emovi Service to a new entity in conjunction with a corporate sale, merger, dissolution, or acquisition of Emovi or if substantially all of our assets are transferred to another company, or as part of a bankruptcy proceeding or reorganization.
• In Response to Legal Process. We may disclose the information we collect from you in order to comply with the law, a judicial proceeding, court order, or other legal process, such as in response to a court order or a subpoena.
  Please note: Our policy is to notify you of legal process seeking access to your information, such as search warrants, court orders, or subpoenas, unless we are prohibited by law from doing so. In cases where a court order specifies a non-disclosure period, we provide delayed notice after the expiration of the non-disclosure period. Exceptions to our notice policy include exigent circumstances, for example, when there is an emergency involving a danger of death or serious physical injury to a person.

• To Protect Us and Others. We may disclose the information we collect from you where we believe it is necessary to investigate, prevent, or take action regarding illegal activities, suspected fraud, situations involving potential threats to the safety of any person, violations of our Terms of Service or this Policy, or as evidence in litigation or regulatory proceedings in which Emovi is involved.

5. Cookies

Cookies are small text files stored on your device and used by web browsers to deliver personalized content and remember username and account settings. In addition to improving user experience, we use cookies and similar technologies for analytic purposes. You can manage your cookies locally by adjusting your browser settings.

6. Third-Party Links

Our Service may contain links to third-party websites. Any access to and use of such linked websites is not governed by this Privacy Policy, but instead is governed by the privacy policies of those third party websites. We are not responsible for the information practices of such third party websites.

7. Security of Your Personal Information.

We have implemented reasonable precautions to protect the information we collect from loss, misuse, and unauthorized access, disclosure, alteration, and destruction. Please be aware that despite our best efforts, no data security measures can guarantee security.

You should take steps to protect against unauthorized access to your password, account and computer by, among other things, signing off after using a shared computer, choosing a robust password that nobody else knows or can easily guess, and keeping your log-in and password private. We are not responsible for any lost, stolen, or compromised passwords or for any activity on your account via unauthorized password activity.

8. Access to, Storage of and Deleting Your Personal Information.

You may access and modify personal information that you have submitted by logging into your account and updating your profile information. Please note that copies of information that you have updated, modified or deleted may remain viewable in cached and archived pages of the Service for a period of time. If you delete the minimum personal information that is necessary to login without replacing it, you will no longer be able to access your account. Your personal data are stored and accessible in the cloud.

We store information associated with your account until your account is deleted. You can delete your account at any time by contacting the administrator designated by your institution who has permissions to manage, add and remove Emovi Service users or by contacting Emovi Customer Support at support@emovi.ca. Please note that it may take a bit of time to delete your account information, and we may preserve it for legal reasons or to prevent harm, including as described in the “How We Share Your Information” section.

9. Users Under 18.

Our services are not designed for users under 18. If we discover that a user under 18 has provided us with personal information, we will delete such information from our systems.

10. GDPR – Rights For EEA Users and Emovi’s Capabilities for Worldwide Users.

What Rights Do I Have? Emovi will provide the capabilities to exercise these certain rights to all our worldwide users of the Service, including:

• the right of access to your personal data;
• the right to correct or rectify any inaccurate personal data about you;
• the right to restrict or oppose processing of personal data about you;
• the right to erase your personal data; and
• the right to your personal data portability.

We rely on your consent as a lawful basis to process your personal data for the following purposes:

• initial collection of your personal data through the Service;
• providing you with communications, content and information about the Service, the Software and KneeKG Data, to offer location customization, and personalized help, instructions and training, and to otherwise personalize your experiences while using the Service. You may opt out of such communications at any time by clicking the “unsubscribe” link found within Emovi email updates and changing your contact preferences.

Additionally, we process personal data based on our contractual obligations to perform our contract with you and to provide you the Service, as described in the section “How We Use Your Information”, including:

• To enable the Service to function as expected;
• To communicate with you in response to customer service inquiries, to deliver non-promotional, service-related emails, or to administer surveys and questionnaires; and
• To tailor your experience based on your general region.

In some cases, Emovi may process personal information pursuant to a legal obligation or to protect your vital interests or those of another person.

How May I Exercise My Individual Rights? Emovi Service worldwide users whose data is governed by this Privacy Policy may access and update their personal information as follows:

• Account holders may access and update their personal information through their account settings in the Emovi platform;
• Account holders may exercise their rights to data deletion and data portability by contacting Emovi’s Data Privacy Representative at privacy@emovi.ca.

Please note that Emovi may request additional information from you to verify your identity before we disclose any personal or account information.

 

Contact Us

If you have questions about our privacy practices, please contact us at privacy@emovi.ca.

Emovi Inc.
Attn. Privacy
4880, Louis-B.-Mayer,
Laval, Quebec H7P 0H7
Canada

If you are an EEA customer and are unable to reach Emovi at the contact information provided above regarding your issue, you have the right to contact your local Data Protection Authority.

Changes to this Privacy Policy

This Privacy Policy is current as of the Effective Date set forth above. We may change this Policy from time to time, so please be sure to check back periodically. We will post any changes to this Policy on our Service. If we make any changes to this Policy that materially affect our practices with regard to the personal information we have previously collected from you, we will endeavour to provide you with notice in advance of such change.