Privacy Policy

1.       Introduction and General Background

Peloton-Health Ltd. a company operating under the brand name SequelCare-Health (“Sequel”, “we” or “us”) presents this privacy policy, as may be amended from time to time (the “Privacy Policy” or “Policy”) in order to provide our Users (defined below) comprehensive information about Sequel’s privacy and data protection practices in relation to Personal Information that is collected, used and/or otherwise processed by Sequel and/or third parties acting on its behalf, through its proprietary mobile application for End-Users called “MySequel” (the “App”) and its corresponding web platform for Care Providers and Peer Supporters called “SequelCare” (the “Platform”)intended for the enhancement of mental health caregiving through collaborative care.

 

The App enables the collaboration between various Users involved in the management and support of an End-User’s Care Plan, including the End-User, the Peer Supporter and Care Providers. The End-User’s use of the Services provided through the App and Platform, is subject to the App’s Terms and Conditions which are available at: https://sequel.care/terms-of-use.

 

The Platform is a corresponding web and mobile application which may be used by a Care Provider or Peer Supporter in order to manage and administer the Care Plan. If a Care Provider is employed by a Healthcare Provider, the use of the Platform by the Care Provider is subject to the privacy and data protection practices of the Healthcare Provider and is not under Our responsibility. For further information about such practices, the End-User should contact the Healthcare Provider.

 

If the End-User decides to invite a Peer Supporter and/or Care Provider to collaborate and assist the End-User in the implementation of the Care Plan, such Users will use the Platform to collaborate with the End-User, subject to this Privacy Policy and the Platform’s Terms of Use; which are available at: https://sequel.care/provider-terms. An End-User may also use the App independently without collaboration with a Peer Supporter or Care Provider, subject to this Policy and the Terms, as mentioned above.

Please note that a separate privacy notice is applicable to our website available at (https://sequel.care/privacy-policy).

 

We strongly urge you to read this Privacy Policy CAREFULLY before you start to use our Services and make sure that you fully understand and agree to it. If you do not agree to the terms of this Policy, whether in whole or in part, please un-install the app and discontinue using the APP and platform.

If you do not agree to both our Terms and Privacy Policy, or if you violate them in any way, your right to access or use the Services is terminated.

NOTE TO CARE PROVIDERS EMPLOYED BY A HEALTHCARE PROVIDER: IF YOU ARE USING THE SERVICESON BEHALF OF AN ORGANIZATION THAT HAS ENTERED INTO A CONTRACTUAL RELATIONSHIP WITH US FOR THESE SERVICES, THOSE CONTRACTUAL TERMS WILL GOVERN YOUR USE OF THESERVICES AND SUPERSEDE THE TERMS AND THIS PRIVACY POLICY IN THE EVENT OF ANYCONFLICT.

NOTE TO END-USERS: IF THE SERVICES ARE PROVIDED TO YOU THROUGH A CARE PROVIDER ON YOUR BEHALF OR A HEALTHCARE PROVIDER THAT HAS ENTERED INTO ACONTRACTUAL RELATIONSHIP WITH US FOR THESE SERVICES, THOSE CONTRACTUAL TERMSWILL GOVERN THE SERVICES AND SUPERSEDE THESE TERMS IN THE EVENT OF ANY CONFLICT. THEREFORE, NOT WITH STANDING ANY OF THE PRIVACY PRACTICES DESCRIBED BELOW (E.G.,HOW WE USE OR DISCLOSE INFORMATION), OUR CONTRACTUAL TERMS WITH YOUR HEALTHCAREP PROVIDER WILL GENERALLY REQUIRE US TO HANDLE END-USERS’ PERSONAL INFORMATION PURSUANT TO MORE RESTRICTIVE HEALTHCARE-SPECIFIC LAWS, SUCH AS THE HEALTH INSURANCE PORTABILITY AND ACCOUNTABILITY ACT (“HIPAA”) IF YOU ARE LOCATED IN THE US, AS APPLICABLE. PLEASE CONTACT YOUR HEALTHCARE PROVIDER IF YOU HAVE ANY QUESTIONS OR CONCERNS.

2.       Your Consent

2.1.        By using the App, you hereby provide your informed consent to the collection, process and use of your Information by Sequel(including the transfer of such Information to third parties, as set forth in the Privacy policy), all, for the purposes and the terms set forth in this Privacy Policy.

2.2.        The Personal Information you provide will be stored in our Database(s) (as defined in the PPL), and will be processed by Sequel (including, third parties acting on our behalf) for the purposes and the terms as specified in this Privacy Policy.

3.       Definitions

For the purpose of this Privacy Policy, the following terms shall have the respective meanings set forth besides them:

3.1.        “Account” means the any User’s account on the App or the Platform.

3.2.        “Care Plan” means the integrated treatment plan comprised of targets, goals and specific steps towards achieving those goals, any instructions given by your Care Provider.

3.3.        “Data Protection Laws” means the Israeli Data Protection Legislation, HIPAA, and any other privacy and data protection laws applicable to Sequel with respect to processing Personal Information, according to the terms of the Privacy Policy.  

3.4.        “Care Provider” means an individual who provides healthcare services to the End-User, at the End-User’s choice and participates in the End-User’s Care Plan; including but not limited to: i) a licensed medical practitioner such as a psychologist, psychiatrist, physician, nurse, social worker, occupational therapist, the Healthcare Provider’s Care coordinator, case manager and/or other relevant staff that are employed by the Healthcare Provider including managers, health coach, psychotherapy, dietician and/or any other licensed therapist; ii) a professional care taker such as a certified coach or counselor and iii) any other person who provides mental healthcare services to the End-User at the End-User’s choice.

3.5.        “Healthcare Provider” means a legal entity that provides the End-User with mental healthcare services such as a clinic, community health center, medical practitioner, HMO, health system, or any other medical institution and/or provider with whom the End-User is treated and which may in some cases employ the Care Provider.

3.6.        “HIPAA” means the US Health Insurance Portability and Accountability Act of 1996 as amended from time to time.

3.7.        “Information” means Personal Information and Non Personal Information, together.

3.8.        “Israeli Data Protection Legislation ”means the Privacy Protection Law 5741-1981 (the “PPL”) and any regulations promulgated there to, as amended, supplemented and superseded from time to time.

3.9.        “Non-Personal Information” means any information processed by Sequel in connection with the use of the App and/or Platform by a User which is anonymous and/or does not personally identify the User and/or reveal the User’s specific identity as an individual, and/or cannot reasonably be attributed to the User (such as your browser type, technical device information, etc.).

3.10.      “End-User” means an individual who has downloaded the App, uses the App as a tool to support and manage the End-User’s Care Plan and who may also choose to allow a Care Provider or Peer Supporter to use the Platform in order to assist the End-User in the implementation of the Care Plan.

3.11.      “Peer Supporter” means a family member, friend, coach, guide, mentor or any other individual who the End-User has authorized and invited to use the App in order to provide support in the implementation of the Care Plan.

3.12.      “Care Information” means all Information processed through the App or on the Platform about an End-User, including information uploaded by the User, or generated when the User interacts with the App and/or information entered into the Platform by a Care Provider about the End-User.

3.13.      “Personal Information” means any information processed on the App and/or Platform, that identifies, relates to, describes, is capable of being associated with, or could reasonably be linked, directly or indirectly, with a particular individual, or as otherwise defined in the Data Protection Laws.

3.14.      “User”, “you” or “your” (including any alterations thereof) means any individual (including, without limitation, End-Users, Peer Supporters and Care Provider) that Uses the App and/or Platform.

3.15.      The term “Processing” shall have the meanings ascribed to it or to any essentially similar term in the Data Protection Laws.

3.16.      “Services” shall have the meaning ascribed to it in the Terms.

3.17.      “Terms” or “T&Cs” means any of the following, as relevant: for Users - the Terms and Conditions of the App which are available at https://sequel.care/terms-of-use, for Care Providers or Peer Supporters - the Terms of Use of the Platform available at https://sequel.care/care-provider-terms; both as may be amended and/or updated from time to time.  

Terms which are not defined herein shall have the meaning ascribed to them in the Terms.

4.       Collection of Personal Information – General Provisions

4.1.        We collect and Process two types of Information: Personal Information and Non-Personal Information. The Personal Information will inter alia include the Care Information.

4.2.        The collection and Processing of Information commences on your first download of the App or initial registration and log-in to the Platform, whichever is earlier. However, the Processing activity through the App will include, inter alia, Care Information provided by you to Sequel outside the scope of the App.    

4.3.        No legal requirement. We here by inform you, and you hereby acknowledge that you have no legal obligation to provide us with any Personal Information (or any other Information) when you Use the App, and the provision of it is solely based on your free will. However, you are aware that without the provision of your Personal Information, we will not be able to enable you to access and use the App and your Care Provider and/or Healthcare Provider will not be able to provide you with services through the Platform.

5.       The Personal Information we process and the purposes of processing

The types of Personal Information each User will be required to provide or which we collect, may include (by way of non-exhaustive list), the following:

5.1.        Personal Information provided by End-Users through the App:

The types of Personal Information each End-User will be required to provide may include (by way of non-exhaustive list), the following:

5.1.1.    Your contact details: when you register to the App, you will have to provide your first and last name and telephone number and the password you choose. If your Healthcare Provider has so configured the App, you may be able to choose a username which will be replace your own name when accessing the App.

5.1.2.   Optionally, you may (but are not obligated to) provide: date of birth, address, details of a contact person: first and last name, relation to the End-User, telephone number.

5.1.3.   Goals: personal goals, progress, a personal journal to document and monitor progress, Peer Supporter and Care Provider and/or Healthcare Provider’s details, your achievement dates.

5.2.        Personal Information provided by Peer Supporter through the App:

Username (which is your phone number used for registration), password, email, relationship with the End-User.

5.3.        If you are a Care Provider you may provide us the following information:

Username (which is your email used for registration), password, email, phone, if you are employed by a Healthcare Provider - the name of the Healthcare Provider employing you, position (Care Plan coordinator, associate, expert).

5.4.        Personal Information we collect or generate:

5.4.1.   Extracted from the Platform: the Personal Information fields collected on the Platform may vary, at the discretion of the Healthcare Provider. In addition, not all the Information collected on the Platform is transmitted into the App. Accordingly, the following information from the Platform may be transmitted to the App (by way of non-exhaustive list): Care Plan details, including medication protocol, Healthcare Provider instructions, tasks and task related data, status of the Care Plan, End-User’s physical and mental response to the Care Plan (such as sleep habits, End-User’s mood and activity level, End-User’s general condition and overall wellbeing), dates of commencement of the Care Plan, milestones and completion dates.

5.4.2.   Video calls and chat messages: the information accumulated in the video call and chat functions on the App, is collected directly by a third party provider “Quickblox” whose services interface with the App. Use of these functions is subject to the privacy practices of Quickblox, available at: https://quickblox.com/solutions/healthcare/.

5.4.3.   In some cases, the App may contain the End-User’s main diagnosis, other mental health issues connected to the main diagnosis and appointment summary notes.

5.5.        Personal Information automatically collected or generated from the App, including Personal Information extracted by the App from the mobile device:

5.5.1.    Physical and behavioral parameters collected from your mobile device sensors (if such option is selected and specific permissions are granted by the End-User): sleep habits, movements of your mobile phone including a pedometer and accelerometer; GPS location, call and text log (strictly quantity and frequency of calls, not content).

Please note that the information regarding a End-User’s movements is collected using a technology tool provided by Neura, a third party service provider however it is stored on the App and then sent to Neura as Non-Personal Information without personal identification.

5.5.2. Technical data about your mobile device: When you use the Platform, we may collect some Personal Information about you, such as your IP address, mobile device ID, geolocation; by using certain technological tools as detailed in section ‎8 below.

6.     How do we use your Personal Information

6.1.        We will use the Personal Information for the following main purposes (as may be amended from time to time):

6.1.1.    Allowing you to open your Account, and complete registration and activation of the App and providing you the Services;

6.1.2.    operating the App and facilitating the use of the App;

6.1.3.    ensuring that the App can extract Personal Information from the Platform in order to update the Care Plan provided by the Care Provider(s);

6.1.4.    monitoring your Use of the App and compliance with the Care Plan and providing you reminders (through push notifications) to promote your compliance with the Care Plan;

6.1.5.    obtaining your feedback to the treatment in order to facilitate and enhance the efficiency of your treatment and recovery;

6.2.        We will use your email address or any other contact information you have provided us to: contact our Users (by e-mail, SMS, or any other available channels) with general or personalized service-related messages (such as system maintenance notices); to contact our users with updates messages (such new features and services, etc.); and to transmit marketing and promotional communications regarding our services, subject to your consent. We may also contact Users through the email you provide us with in order to notify you about new services, or any other information we think you will find valuable.

6.3.        We may use Personal Information in order to enforce this Privacy Policy, resolve disputes, comply with any applicable law (including Data Protection Laws), or other requests from authorized authority(ies), and/or as otherwise authorized by you.

7.     Non-Personal Information we process and the purposes of processing

7.1.        Non-Personal Information we automatically collected or generate about End-Users.

We may collect and/or otherwise generate certain Non-Personal Information from you when you use the App or Platform. Such Non-Personal Information may include (by way of non-exhausting list):

7.1.1.    Sequel collects statistical information about how Users locate and navigate the App, such as: your mobile device brand, device model, country, time zone, operating system type and version, user ID (unique ID generated by the App), settings used, session time.

7.1.2.    Sequel collects statistical information about how Users locate and navigate the Platform, such as: browser type, operating system version, referring URL, session time.

7.2.        Purposes for use of Non-Personal Information. Non-Personal Information will be used (where applicable) for the purposes detailed in Section‎6 above, and also for the following main purposes:

7.2.1.    To monitor and analyze your use of the App;

7.2.2.    developing, customizing and improving the App;

7.2.3.    To support and enhance our data security measures, including for the purposes of preventing and mitigating the risks of fraud, error or any illegal or prohibited activity;

7.2.4.    For the technical administration and troubleshooting of the App;

7.2.5.    To improve the usefulness and quality of the App and to enhance the positioning of App within Internet search engines and stores;

7.2.6.    To assist in determining the effectiveness of our App;

7.2.7.    For commercial research and further development;

7.2.8.    To create aggregated statistical data, inferred Non-Personal Information or anonymized or pseudonymized data (rendered non-personal), which we or our business partners may use to provide and improve our respective Services; and

7.2.9.    For any other legitimate purpose.

8.     Cookies and Information Collected by Other Automated Means

8.1.        Cookies are a commonly-used web technology that allow websites and apps to store and retrieve certain information on a user’s system, and track users’ online activities. We and our service providers may collect information about your use of our Services by such automated means, including but not limited to cookies, pixels, SDKs and other similar technologies.

8.2.        Cookies and similar technologies can help us automatically identify you when you return to the Platform or App. Cookies help us review traffic patterns and improve the Platform and App, determine what Services are popular. We can also use such Information to deliver customized content.

8.3.        If a User does not want Information collected through the use of cookies, most browsers allow to reject cookies, but if you choose to decline cookies, you may not be able to fully experience the full features our Services provide. We may share Non-Personal Information obtained via cookies with our advertisers and affiliates.

8.4.        We currently use the following technological tools for the collection of Personal and Non Personal Information, as detailed in Section ‎7 above, and as may be further added from time to time: Google Analytics and Mixpanel are used to analyze how users interact with our App.

8.4.1.   For information about how Google uses the information provided to Google Analytics see https://www.google.com/analytics/terms/. Depending on your browser, you may control the information provided to Google by using the Google Analytics optout browser add-on (if any).

8.4.2.   For information about how Mixpanel uses the information it collects, see https://mixpanel.com/legal/privacy-policy/.

8.5.        For Users in the US: because there is not yet a consensus on how companies should respond to web browser-based do-not-track (“DNT”) mechanisms, we do not respond to web browser-based DNT signals at this time, but we do not collect information about users’ online activities across third-party websites. For more information, visit: https://www.eff.org/issues/do-not-track.

9.       Retention: How long do we retain the Information

9.1.        We retain the User's Personal Information for as long as such individuals are using our Services. If a User ceases to use our Services, we may continue to retain certain Personal Information of that User for the period required by our legal and regulatory obligations and/or for accounting purposes (i.e., as required by applicable laws regulating our Services, for book keeping purposes, and in order to have proof and evidence concerning our relationship with that User, should any legal issues arise following the User’s discontinuance of use of our Services).

9.2.        Please note that except as required by applicable law, we will not be obligated to retain your data for any particular period, and we are free to securely delete it for any reason and at any time, with or without notice to you.

9.3.        Unless otherwise restricted by Applicable Law, Non-Personal Information may be retained indefinitely.

10.   Who do we share Information with

We may share your Information (including Personal Information) with certain third parties, as detailed below:

10.1.      Compliance with Applicable Laws, Legal Orders and Authorities. We may disclose or allow government and law enforcement officials access to certain Personal Information, in response to a subpoena, search warrant or court order (or similar requirement), or in compliance with applicable laws. Such disclosure or access may occur with or without notice to you, if we have a good faith belief that we are legally compelled to do so, or that disclosure is appropriate in connection with efforts to investigate, prevent, or take action regarding actual or suspected illegal activity, fraud, or other wrong doing.

10.2.      Service Providers and Business Partners. We may engage selected third party companies and individuals to perform the Services on our behalf (such as cloud vendors, data hosting services, data analytics services, e-mail distribution and monitoring services, chat and video services, research and development services and our business, legal, financial and compliance advisors). We only provide such service providers with Information so they can perform their required functions on our behalf.

10.3.      Enforce Our Rights. We may transfer Personal Data in order to take any action in case of dispute involving you with respect to the App and/or Platform.

10.4.      Business Transfer. We may share Information in connection with any proposed or actual financing, reorganization, merger, sale, joint venture, assignment, transfer or other disposition of all or any portion of our business, assets or stock (including in connection with any bankruptcy or similar proceedings).

Where appropriate, we will limit sharing of your information in accordance with the choices you have provided us and applicable law.

 

11.  How We Protect Information

We endeavor to maintain reasonable administrative, technical and physical safeguards designed to protect the Personal Information we maintain against accidental, unlawful or unauthorized destruction, loss, alteration, access, disclosure or use. However, we cannot ensure the security of any Information you transmit to us, or guarantee that this Information will not be accessed, disclosed, altered, or destroyed. We will make any legally required disclosures in the event of any compromise of Personal Information. To the extent the law allows us to provide such notification via e-mail or conspicuous posting on the Services, you agree to accept notice in that form.

 

12.    Your Rights

12.1.      You may have the right to review your Personal Information that is stored in our database(s) and provide a request for update, amendment and/or deletion if it is inaccurate or incorrect, by contacting us at contact@peloton-health.com, We will act in accordance with the applicable Data Protection Laws in order to comply with your request. However, we may retain certain Personal Information as deemed required by and/or as other wise permitted by applicable law (including Data Protection Laws). Your rights may differ depending on your jurisdiction.

12.2.      When you ask us to exercise any of your rights under this Privacy Policy and the Data Protection Laws, we may need to ask you to provide us certain credentials to make sure that you are who you claim you are, to avoid disclosure to you of Personal Information which is related to others that you are not authorized to receive, and to ask you questions to better understand the nature and scope of Information that you request to access.

12.3.      Subject to the provisions set forth in Section ‎6.2 above, you have the right to withdraw your consent to receive marketing materials, by contacting us through the “unsubscribe” instructions in the promotional communications you receive.

12.4.      You may terminate your Account by contacting us as provided below. We may retain any Account information for internal purposes or as otherwise provided in this Privacy Policy and our Terms.

13.    International Data Transfers

We may host, store, process, maintain or transfer the Information to various sites worldwide, outside your jurisdiction including through cloud based service providers, where the privacy laws may not be as protective as those in your jurisdiction. By Using the App and/or Platform, you hereby provide your informed consent to the use and/or processing and/or hosting, storage and/or transfer of the Information to countries outside your jurisdiction or country. Where specific laws or regulations relating to data transfer apply to us, we will endeavor to ensure that the Personal Information is protected and transferred in a manner consistent with legal requirements.

14.   Children

The App is directed towards and designed for use by persons aged 13 and older or 16 and older, depending on the minority age in your jurisdiction. We do not solicit or knowingly collect Personal Information from children under the age of 13 or 16. If we nevertheless receive Personal Information from an individual who indicates that he or she is, or whom we otherwise have reason to believe is, under the age of 13 or 16, we will endeavor to delete such information from our systems. If you are an individual under the age of 13, you are required not to Use our App and/or Services, and de-install the App from your mobile device.

 

15.    Changes to this Privacy Policy

This Privacy Policy may change from time to time. If we decide to change our Privacy Policy, we will post new privacy policy in our App and on the Platform accompanied with a notice indicating that some changes have been made. The new privacy policy will be effective from the date mentioned at the top page of the new policy. Each version of this Privacy Notice will be identified by its effective date, which you can find at the top of this Policy. Your continued use of the App or Platform after we post such notice constitutes your agreement to any such changes. Where such changes will require your specific consent, we shall obtain it before applying the changes to the processing of your Personal Information.

 

16.    Contacting us

If you have any questions about this Privacy Policy, or in the event that you wish to exercise certain rights you are eligible for with respect to your Personal Information, please contact us by email to contact@peloton-health.com .

Last updated 31 August 2020

All rights reserved © Peloton Health Ltd.