Direct Epsy Privacy Notice to Parents

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This Direct Epsy Privacy Notice to Parents (“Direct Notice”) was last updated on 12.03.2024.

In this Direct Notice, LivaNova USA, Inc. (“we” or “us”) provides information to legal guardians and parents (collectively, “you” or “parents”) about how we collect, use, disclose and otherwise process personal information about your child under 13 years of age (“your child”) in connection with their use of our Epsy mobile application (our“App”) and epsyhealth.com (our “Site”) (collectively, the “Epsy Platforms”), in accordance with requirements of the U.S. Children's Online Privacy Protection Act(“COPPA”).

1. YOUR CONSENT IS REQUIRED

We may have collected your online contact information from your child if your child tried to download our App, in which case we will use this information to contact you to seek your consent to the activities described in this Direct Notice.

To register your child with the Epsy Platforms, you must first consent to our information collection, use and disclosure practices by signing the Epsy ParentalConsent Form and completing the Veriff verification process in the Epsy App, or calling us at +1 832 426 2127.

If you do not provide consent within a reasonable time from the date on which we directly send you this Direct Notice, we will delete from our records any personal information you may have initially submitted about your child.

2. PERSONAL INFORMATION WE COLLECT

We use your email address and a password from you to register an account on our App that your child may use (your “Account”). We do not collect your child’s email address or a password from your child to create your Account. More information about our privacy practices relating to the Epsy Platforms is available in our Epsy Privacy Policy

In connection with your Account, we collect various types of personal information from or about your child to provide them with the functionality of our Platforms and improve the Platforms, as follows:

  • contact information (such as name, telephone number and postal and email address);
  • account information (such as login information, account preferences, and whether you are a patient or a caregiver);
  • demographic information (such as gender and date of birth);
  • clinical and medical history (such as date and nature of diagnosis, date of electroencephalography, seizure type, seizure frequency, seizure intensity and recovery time, seizure duration, seizure logs, allergies, and information about your child’s treating physician);
  • medication  history  (such  as  medication  types,  dosages  and  changes  to medications  or  dosages,  medication  adherence,  medication  schedule, medication side effects, and medication refill timings);
  • physiological  and  other  seizure-related  information  (such  as  vital  signs, symptoms, epilepsy triggers, mood ratings, sleep-related information, heart rate, menstrual cycle data, and information about motions your child makes);
  • information about social, psychological, behavioral and medical interventions (such  as  information  about  any  implanted  medical  devices,  medical appointments and discussions with your child’s medical care team, and details about treatments);
  • location information;
  • social media information;
  • sensory information (such as photographs and audio and video recordings); inferences about individual preferences and characteristics, such as inferences drawn from and related to your child’s seizure activity or use of the Platforms; and
  • other information you or your child choose to provide, such as responses to questionnaires or feedback you or your child provide about the Platforms of you or your child’s experience using them.

We use your and your child’s personal information to:

  • determine eligibility to participate in market research, product testing or other similar programs;
  • administer research studies;
  • provide content or other opportunities to learn more about available therapy;
  • conduct automated decision making based on algorithms that may provide you or your child with opportunities to learn more about available therapy;
  • advertise and market our products and services;
  • administer  participation  in  surveys,  sweepstakes,  promotions  or  other programs;
  • perform analytics and market, trend or statistical research and solicit user feedback regarding product research and development;
  • operate, evaluate and improve our business and our affiliates’ products and services (including developing new products and services; improving and analyzing  our  and  our  affiliates’  products  and  services;  managing  our communications; providing technical support; and performing accounting, auditing and other internal functions);
  • maintain and enhance the safety and security of our products and services, prevent misuse and troubleshoot technical issues;
  • verify your or your child’s identity and protect against fraud and other criminal activity, claims and other liabilities;
  • exercise our rights and remedies, respond to requests from government entities, and defend against legal claims; and
  • comply with and enforce applicable legal requirements, relevant industry standards and LivaNova policies, including the Epsy Terms of Use.

4. PERSONAL INFORMATION WE SHARE

We may share the information we obtain about you or your child:

  • with our affiliated companies and joint marketing partners;
  • with Internet service providers, operating systems and platforms;
  • with professional services organizations, such as auditors and law firms;
  • with our service providers (such as IT support and communications providers, advertising and marketing service providers, and others), who act on our behalf and pursuant to our instructions to provide services and fulfill the other purposes set forth above (we do not authorize our service providers to use or disclose the information except as necessary to perform services on our behalf or comply with legal requirements);
  • as required by applicable law or legal process, including, without limitation, in response to any government or regulatory agency request, to cooperate with law  enforcement  investigations,  or  upon  receipt  of  any  court  order  or subpoena
  • to a prospective or actual purchaser or seller in the context of a merger, acquisition or other reorganization, sale or transaction involving our business or assets; or
  • when we believe disclosure is necessary or appropriate to prevent harm, including fraud or instances where somebody’s physical safety is at risk.

This Direct Notice does not apply to the data collection practices of any third party service, feature or app that your child may access through their use of the Epsy Platforms. Prior to access or use by your child, you should review the terms, policies, and practices of any such third-party service, feature or app to understand the third party’s data collection, use and disclosure practices.

5. WHAT RIGHTS DO YOU HAVE?

Under COPPA, you have the right at any time to review the information we havecollected about your child. You may review some information that we have collectedabout  your  child  by  signing  into  your  Account  and  reviewing  the  informationpresented  via  your  Account.  You  may  also  exercise  your  right  to  review  theinformation we have collected about your child by submitting a request to us usingthe Privacy Webform linked below. You also have the right under COPPA to have us delete the personal information we hold about your child, and to refuse to permit us tofurther collect or use your child’s personal information. To exercise these rights, please use our Privacy Webform available here.

6. HOW TO CONTACT US

If you have any questions about this Direct Notice or our privacy practices, please contact us at contact@epsyhealth.com  or +1 866 332 1375. You can also write to us at:

LivaNova USA, Inc.

100 Cyberonics Boulevard

Houston, TX 77058

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