Privacy Policy

Effective as of April 1, 2020

This “Privacy Policy” describes the privacy practices of ClinCapture , Inc. This ClinCapture Web Site (“Site”) is owned and operated by Clinovo, Inc. dba ClinCapture (hereafter referred to as “ClinCapture “). This Privacy Policy describes how we collect, use, disclose and otherwise process personal information in connection with our websites, mobile apps, and other services, and explains the rights and choices available to individuals with respect to their information. For convenience, our websites and mobile apps are collectively referred to as the “Sites,” and, together with our other services, collectively referred to as the “Services.” This Privacy Policy governs any of the Services on which the Privacy Policy is posted. ClinCapture complies with the requirements of the California Consumer Privacy Act (CCPA) which is effective January 1, 2020. ClinCapture also complies with the EU General Data Protection Regulation (GDPR) which became effective May 25th, 2018.

If there is any conflict among the terms in this privacy policy and the requirements of CCPA and GDPR, the requirements of CCPA and GDPR shall govern.

To view the GDPR in English on the official European website visit https://eur-lex.europa.eu/eli/reg/2016/679/oj. To learn more about CCPA visit the California Attorney General’s Office at https://oag.ca.gov/privacy/ccpa.

Summary of our Privacy Practices

The Types of Information We Collect About You: We collect information that you provide to us, such as your contact details, as well as information that is automatically collected by our Sites, such as your IP address and information collected by our use of Cookies.

Purposes of Processing Your Information: We process information about you in order to provide our Sites and Services; to communicate with you; to comply with law and prevent fraud; and for other reasons with your consent. We may also anonymize your data – which means the data can no longer be used to identify you – in order to perform analytics to learn how to better provide our Sites and Services.

Your Rights and Choices: Depending on your jurisdiction, you may have legal rights associated with our processing of your data, including rights to access, correct, delete, transfer, or object to the processing of your data. Regardless of where you live, we will honor your request to opt out of being contacted by us for marketing reasons.

How to Contact Us: ClinCapture is the controller of your information when it is processed in the context of our Sites and Services. Our Data Protection Officer may be contacted by emailing privacy@ClinCapture .com. However, please note that ClinCapture ’s customers are the controllers of your data when it is processed in ClinCapture ’s platform, applications, and related services. For example, if you are a participant in a clinical trial, or an investigator who logs into our applications, your data controller is the Sponsor of that trial and/or the participating healthcare provider

ClinCapture ’s Platform, Applications, and Customer Data

As part of ClinCapture ’s platform, applications and related services, our customer’s employees and authorized users may enter information from or about their authorized users, employees, and clinical trial participants (collectively, “Customer Data”), into our servers.

This Privacy Policy does not apply to Customer Data, and we are not responsible for our customers’ handling of Customer Data. Our customers have their own policies regarding the collection, use and disclosure of your personal information. Our use of Customer Data is subject to the written agreement for services between ClinCapture and the customer that in no way involves the sale of your data. ClinCapture‘s responsibility under that agreement – that we take very seriously – is the obligation to keep Customer Data safe and secure. To learn about how a particular customer handles your personal information, we encourage you to read that company’s privacy statement or contact that company.

ClinCapture has no control or ownership of Customer Data. Please direct any questions regarding Customer Data to the company for which you work or which collected your information using a ClinCapture platform or application.

Personal Information We Collect

We collect personal information about you in the following ways:

Information you give us

Personal information that you may provide through the Services or otherwise communicate with us includes:

• Personal and Business Contact information, such as your first name, last name, postal address, email address, telephone number, job title, and employer name;
• Profile information, such as your username and password, industry, interests and preferences;
  Feedback and correspondence, such as information you provide in your responses to surveys, when you participate in market research activities, report a problem with the Sites, receive customer support or otherwise correspond with us;
• Transaction information, such details about any purchases you make through the Sites, event registrations you make through the Sites, and billing details;
• Usage information, such as information about how you use the Sites and interact with us;
• Marketing information, such as your preferences for receiving marketing communications and details about how you engage with them.

We may combine other publicly available information, such as information related to the organization for which you work, with the personal information that you provide to us through our Sites or Services.

Information automatically collected

We may collect an IP address from visitors to our Sites. We use IP addresses to help diagnose problems with our server(s), to administer the Sites, and to monitor activities on and interactions with our Sites.

We may also automatically log information about you and your computer or mobile device when you access our Sites. For example, we may log your computer or mobile device operating system name and version, manufacturer and model, browser type, browser language, screen resolution, the website you visited before browsing to our Sites, pages you viewed, how long you spent on a page, access times and information about your use of and actions on our Sites. We collect this information about you using cookies. Please refer to the Cookies and Similar Technologies section for more details.

How We Use Your Personal Information

To provide our Services

If you have a Captivate® account or use our Sites, we use your personal information to:

• Operate, maintain, administer and improve the Sites;
• Manage and communicate with you regarding your Captivate® account, if you have one, including by sending you service announcements, technical notices, updates, security alerts, and support and administrative messages;
• Better understand your needs and interests, and personalize your experience with the Sites; and
  Provide support and maintenance for the Sites and our Services;
• Respond to your service-related requests, questions and feedback.

To communicate with you

If you request information from us, register on the Sites, or participate in our surveys, promotions or events, we may send you clincapture-related marketing communications as permitted by law. You will have the ability to opt out of such communications.

To comply with law

We use your personal information as we believe necessary or appropriate to comply with applicable laws, lawful requests and legal process, such as to respond to subpoenas.

With your consent

We may use or share your personal information with your consent, such as when you consent to let us post your testimonials or endorsements on our Sites, you instruct us to take a specific action with respect to your personal information, or you opt into marketing communications.

To create anonymous data for analytics

We may create anonymous data from your personal information and other individuals whose personal information we collect. We make personal information into anonymous data by excluding information that makes the data personally identifiable to you, so that it is no longer reasonably possible to ever use the data to identify you. We use this anonymized data for lawful business purposes, such as improving our Sites and Services.

How We Share your Personal Information and Cookies

Cookies

We may collect information using “cookies.” Cookies are small data files stored on the hard drive of your computer or mobile device by a website. We may use both session cookies (which expire once you close your web browser) and persistent cookies (which stay on your computer or mobile device until you delete them) to provide you with a more personal and interactive experience on our Site.

Our Site uses the following types of cookies for the purposes set out below:

• Essential Cookies. These cookies are essential to provide you with services available through our Site and to enable you to use some of its features. Without these cookies, the services that you have asked for cannot be provided.
• Functionality Cookies. These cookies allow our Site to remember choices you make when you use our Site. The purpose of these cookies is to provide you with a more personal experience and to avoid you having to re-select your preferences or re-enter information every time you visit our Site.
• Analytics and Performance Cookies. These cookies are used to collect information about traffic to our Site and how users use our Site. The information gathered may include the number of visitors to our Site, the pages they visited on our Site, what time of day and duration they visited our Site, whether they have visited our Site before, and other similar information. We use this information to help operate our Site more efficiently, to gather broad demographic information and to monitor the level of activity on our Site.
• Further information about cookies, including how to see what cookies have been set on your computer or mobile device and how to manage and delete them, visit www.allaboutcookies.org.
• If you do not accept our cookies, you may experience some inconvenience in your use of our Site. For example, we may not be able to recognize your computer or mobile device and you may need to log in every time you visit our Site.

Security

The security of your personal information is important to us and ClinCaputre has reasonable security measures in place to protect customer data. We take a number of organizational, technical and physical measures, including policies, procedures and employee training designed to protect the personal information we collect. No security safeguards are 100% secure and we cannot guarantee the security of your information. In addition, when accessing ClinCapture software service data is encrypted both at rest and in transit.

Additional Information for European Union Users

Personal information

References to “personal information” in this Privacy Policy are equivalent to “personal data” governed by European data protection legislation.

Controller and Data Protection Officer

ClinCapture is the controller of your personal information for purposes of European data protection legislation. Our Data Protection Officer can be reached at privacy@ClinCapture .com.

Legal basis for processing

Our legal basis for processing your personal data is dependent on the product or service you are using. We process your personal data to perform our obligations under the Service Terms applicable to the product or service you are using, to under contract for our customers, and as required to comply with laws and regulations.

Use for new purposes

We may use your personal information for reasons not described in this Privacy Policy where permitted by law and the reason is compatible with the purpose for which we collected it. If we need to use your personal information for an unrelated purpose, we will notify you and explain the applicable legal basis.

Your Rights

European data protection laws give you certain rights regarding your personal information. You may ask us to take the following actions in relation to your personal information that we hold:

• Opt-out. Stop sending you direct marketing communications. You may continue to receive service-related and other non-marketing emails;
• Access. Provide you with information about our processing of your personal information and give you access to your personal information;
• Correct. Update or correct inaccuracies in your personal information;
• Delete. Delete your personal information;
• Transfer. Transfer a machine-readable copy of your personal information to you or a third party of your choice;
• Restrict. Restrict the processing of your personal information;
• Object. Object to our reliance on our legitimate interests as the basis of our processing of your personal information that impacts your rights.

You can submit these requests by email to privacy@ClinCapture .com. We may request specific information from you to help us confirm your identity and process your request. Applicable law may require or permit us to decline your request. If we decline your request, we will tell you why, subject to legal restrictions.

Retention

We will only retain your personal information for as long as necessary to fulfil the purposes we collected it for, including for the purposes of satisfying any legal, accounting, or reporting requirements.

Additional Information for California Users

California Third-Party Marketing Notice

As provided by California civil code section 1798.83, a California resident who has provided personal data to a business with whom he/she has established a business relationship for personal, family, or household purposes (a “California customer”) may request information about whether the business has disclosed personal data to any third parties for the third parties’ direct marketing purposes. In general, if the business has made such a disclosure of personal data, upon receipt of a request by a California customer, the business is required to provide a list of all third parties to whom personal data was disclosed in the preceding calendar year, as well as a list of the categories of personal data that were disclosed. California customers should visit ClinCapture ’s website for further information on how to submit a request or, if applicable, opt out of ClinCapture ’s sharing of the customers’ personal data with third parties for those parties’ direct marketing purposes.

California Privacy Notice

We are providing this supplemental privacy notice to California users pursuant to the California Consumer Privacy Act of 2018 (“CCPA”).
The CCPA grants California residents the following rights.

• Information. You can request information about how ClinCapture has collected, used and shared your personal information during the past 12 months.
• Access. You can request a copy of the personal information that ClinCapture maintains about you.
• Deletion. You can ask to delete the personal information that ClinCapture maintains about you.

Please note that the CCPA limits these rights by, for example, prohibiting businesses from providing certain sensitive information in response to an access request and limiting the circumstances in which they must comply with a deletion request.

You are entitled to exercise the rights described above free from discrimination.
Here is how you can submit requests:

• To request access to or deletion of personal information, please contact privacy@ClinCapture .com.
• Identity verification. CCPA requires verification of the identity of the individual submitting the request. We will not process or retain any of your personal information beyond this purpose, when requested.
• Authorized agents. California residents can empower an “authorized agent” to submit requests on their behalf.