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Privacy Policy

Last Updated: September 7, 2022
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We are excited to share our digital therapeutics with you. From the beginning, we established core principles that are focused on transparency and user information protection in connection with the way we use and manage your personal information. We strongly respect and support your right to privacy. As we build our websites (e.g., bluenotetherapeutics.com), Applications (“App”), and digital therapeutic devices (collectively, our “Services”), these core principles drive our product, services, security, and compliance.

We want you to be aware of what information we do and do not collect, why we collect it, what we use it for, and how we store it. We believe strongly in your ability to control the use of your information. You may have the right to be informed about the information we maintain about you, request access to your information, update and correct inaccuracies in your information, and modify, or delete your data, as appropriate and subject to applicable laws (e.g., Health Insurance Portability and Accountability of 1996 (HIPAA)). Blue Note collects and uses data gathered through our Services to improve your experience, advance research in the field of cancer, and to improve our product for future cancer patients.

This Privacy Policy describes the privacy practices of Blue Note Therapeutics, Inc., our subsidiaries, and affiliates (collectively “Blue Note,” “we”, “us” or “our”) and how we handle personal information that we collect about you through our Services and governs your access and use of the Blue Note App. Blue Note may provide additional or supplemental privacy policies to individuals for specific products or services that we offer. These supplemental privacy policies will govern how we may process personal information in the context of the specific product or service.

This privacy policy applies to Blue Note’s website, mobile and web-based Apps, and other Services. It also applies to communications with us during the ordinary course of business, including communications by phone, mail, email, or in person. In some instances, health care providers, health plans or insurance companies, or other companies (collectively, “business customers”) may engage us to provide certain services for the benefit of their patients and/or insureds pursuant to a contract that restricts our use of their Protected Health Information (PHI) in accordance with HIPAA. In such cases, the Notice of Privacy Practices (“NPP”) of a HIPAA-covered business customers may supersede this Privacy Policy. For information about the business customer responsible for your PHI, if any, and how to contact the business customer about its NPP, please contact us at help@bluenotetx.com. Additionally, if our business customer is your healthcare provider, you can contact your healthcare provider directly and ask them for a copy of their NPP.

Users of Blue Note Services may have the opportunity to refer caregivers, friends or other contacts to us and share their contact information with us. Please do not refer someone to us or share their contact information with us unless you have their permission to do so.


Information We Collect

Blue Note collects only necessary information across the categories of user provided information, third-party provided information, and automated data collection through service providers and online technology standards.

Information you provide to us. Personal information is any information that can be used to individually identify you. Through this Service you may provide to us data including, but not limited to:

With regards to sensitive information, unless we specifically request it, we ask that you not disclose any sensitive personal information (e.g., Social Security numbers, information related to racial or ethnic origin, religious beliefs, political opinions, criminal background, biometric or genetic data) on or through the App or otherwise directly to us.

Information from third party sources. We may combine personal information we receive from you with personal information we obtain from other sources, such as:

Information through automatic data collection. We, our service providers, and our business partners may automatically log information about you, your computer or mobile device, and your interaction over time with the Services. This information does not identify you, but is statistical data that provides generic information about your use of the website and App. This information helps us understand which parts of our website and App are visited most often and may be used to analyze trends, administer and improve the website and App, gather broad demographic information, personalize content and determine retargeting and remarketing. Such information may include, but is not limited to:

Information gathered via cookies and similar technologies. Like many online services, we use the following technologies:

Data about others. Users of the Services may have the opportunity to refer caregivers, friends or other contacts to us and share their contact information with us. Please do not refer someone to us or share their contact information with us unless you have their permission to do so.

How We Use Your Personal Information

The information we gather and that you provide is collected to provide you Services, to receive payments for such Services, to provide you marketing information related to our Services and to improve our Services and your user experience. We use your personal information for the following purposes or as otherwise described at the time of collection:

Service delivery. We use your personal information to:

Research and development. We may use your personal information for research and development purposes, including to analyze and improve the Services and our business. As part of these activities, we may create aggregated, de-identified or other anonymous data from personal information we collect. We make personal information into anonymous data by removing information that makes the data personally identifiable to you. We may use this anonymous data and share it with third parties for our lawful business purposes, including to analyze and improve the Services and promote our business.

Marketing. We may send you Blue Note related direct marketing communications as permitted by law, including by email, telephone, and by SMS/Text.

Email Marketing. By providing your email address, you expressly opt-in to the receipt of email communications from us and our affiliates, agents or contractors for or related to medical goods or services, your account, and other services such as financial, clinical and educational information including exchange news, changes to health care law, health care coverage, care follow up, and other healthcare opportunities, goods and services. By providing this express consent, you specifically waive any claim you may have for the sending of such emails, including any claim under federal or state law and specifically any claim under the CAN-SPAM Act, 15 U.S.C.§ 7701, et seq. By providing an email address, you represent you are the subscriber or owner or have the authority to use and provide consent to contact the email address. You may opt-out of our marketing communications as described in the Opt-out of marketing section below.

Telephone Marketing. By providing a telephone number, you expressly consent and authorize us, as well as any of our related affiliates, agents or contractors, to contact you through the use of any dialing equipment (including a dialer, automatic telephone dialing system, and/or interactive voice recognition system) and/or artificial or prerecorded voice or message. You expressly agree that such automated calls may be made to any telephone number (including numbers for which you may be charged for the call) you provide. In addition, you expressly consent and authorize the receipt of text messages from us at any telephone number (including numbers for which you may be charged for the text message) you provide. By providing this express consent, you specifically waive any claim you may have for the making of such calls or texts, including any claim under federal or state law and specifically any claim under the Telephone Consumer Protection Act, 47 U.S.C. § 227. By providing a telephone number, you represent you are the subscriber or owner or have the authority to use and provide consent to call or text the number. You may opt-out of our marketing communications as described in the Opt-out of marketing section below.

With your consent. In some cases we may specifically ask for your consent to collect, use or share your personal information, and we will handle your data consistent with your consent.

Data Retention. We will retain your personal information only for as long as we reasonably consider it necessary for achieving the purpose set out in this Privacy Policy, or for as long as we are legally required to retain it. If you have questions about applicable retention periods, please contact us.

Compliance and protection. We may use your personal information to:

How We Share your Personal Information

We may share your personal information and personal health information with the following parties, as otherwise described in this Privacy Policy or at the time of collection, and consistent with new and existing state and federal laws:

Affiliates. Our company, subsidiaries, and affiliates, for purposes consistent with this Privacy Policy.

Service providers. Companies and individuals that provide services on our behalf or help us operate the Service or our business (such as hosting, information technology, customer support, email delivery, marketing, and analytics).

Health care-related entities. Health care-related entities, with whom we often partner to provide the Services, such as health care providers (including physicians or treatment centers), your healthcare provider, health care clearinghouses, health plans including Medicare and Medicaid, health maintenance organizations, health insurance companies, and clinical research organizations.

Professional advisors. Professional advisors and companies, such as lawyers, auditors, bankers and insurers, that we hire to perform services or functions on our behalf.

Authorities and others. Law enforcement, government agencies such as the FDA, as required by court order, subpoena, search warrant, law or regulation, and private parties, as we believe in good faith to be necessary or appropriate for the compliance and protection purposes described above.

Business transferees. Acquirers and other relevant participants in business transactions (or negotiations for such transactions) involving a corporate divestiture, merger, consolidation, acquisition, reorganization, sale or other disposition of all or any portion of the business or assets of, or equity interests in, Blue Note or our affiliates (including, in connection with a bankruptcy or similar proceedings).

Clinical Research. To healthcare and non-healthcare related entities in connection with a clinical research study for those users who agreed to participate in Clinical Research and have signed a specific research participant informed consent.

Your Choices

You have the following choices with respect to your personal information.

Access or update your information. If you have registered for a Services account with Blue Note, you may review and update certain account information by logging into the account. If you would like to review, delete or modify your data that we’ve collected, you may also contact us at +1 415-200-3697 or help@bluenotetx.com.

SMS/Text message communications. If you receive text messages from Blue Note, you may opt out of receiving further text messages from us by replying STOP. We use SMS/Text messages for download instructions, installation codes, reminders, updates and other communications regarding your account and your progress in the Services. If you opt out, we may not be able to provide those communications and functionality. Message and data rates may apply.

Opt-out of marketing communications. You may opt-out of marketing-related emails by following the opt-out or unsubscribe instructions at the bottom of the email, or by contacting us at +1 415-200-3697 or help@bluenotetx.com. You may continue to receive service-related and other non-marketing emails.

Cookies. Most browser settings let you delete and reject cookies placed by websites. Many browsers accept cookies by default until you change your settings. If you do not accept cookies, you may not be able to use all functionality of the Services and the Services may not work as intended. For more information about cookies, including how to see what cookies have been set on your browser and how to manage and delete them, visit www.allaboutcookies.org. We use Google Analytics to help us understand user activity on the Services. You can learn more about Google Analytics cookies at https://developers.google.com/analytics/resources/concepts/gaConceptsCookies and about how Google protects your data at http://www.google.com/analytics/learn/privacy.html. You can prevent the use of Google Analytics relating to your use of our sites by downloading and installing a browser plugin available at https://tools.google.com/dlpage/gaoptout?hl=en.

Mobile location data. You can disable our access to your device’s precise geolocation in your mobile device settings.

Do Not Track. Some Internet browsers may be configured to send “Do Not Track” signals to the online services that you visit. We currently do not respond to “Do Not Track” or similar signals. To find out more about “Do Not Track,” please visit http://www.allaboutdnt.com.

Declining to provide information. We need to collect personal information to provide certain services. If you do not provide the information that is mandatory for the Services to function properly and in a legally compliant manner (or if you delete this information), we may not be able to provide the Services.

Other sites, mobile applications and services

The Services may contain links to additional resources, websites, mobile applications, and other online or telephonic services operated by third parties. These links and integrations are not an endorsement of, or representation that we are affiliated with, any third party. We do not control websites, mobile applications or online services operated by third parties, and we are not responsible for their actions.

Security practices

We employ a number of reasonable administrative, physical and technical safeguards designed to protect the personal information we collect against accidental loss, unauthorized access, use, alteration, and disclosure. However, security risk is inherent in all internet and information technologies and we cannot guarantee the security of your personal information. If you believe your login credentials have been compromised, please change your password and notify us of any unauthorized use of your personal information by contacting +1 415-200-3697 or help@bluenotetx.com.

International data transfers

We are headquartered in the United States and may use service providers that operate in other countries. Your personal information may be transferred to the United States or other locations where privacy laws may not be as protective as those in your state, province, or country.

Children

The Services are intended for use by adults over the age of 18. No one under the age of 18 is permitted to provide any information through the App or on our websites. We do not knowingly collect or maintain personal information from children under the age of 18, and no part of our App or websites are designed or intended to attract anyone under the age of 18. If we learn that we have collected personal information through the Services from a person under the age of 18 without the consent of the child’s parent or guardian as required by law, we will delete it. We encourage all users, parents, and guardians with concerns to contact us at +1 415-200-3697 or help@bluenotetx.com.

Changes to this Privacy Policy

We reserve the right to modify this Privacy Policy at any time. If we make material changes to this Privacy Policy, we will notify you by updating the date of this Privacy Policy and communicating it via the Services. If required by law we will also provide notification of changes in another way that we believe is reasonably likely to reach you, such as via email or another manner through the Services. Any modifications to this Privacy Policy will be effective upon our posting the modified version (or as otherwise indicated at the time of posting). In all cases, your use of the Services after the effective date of any modified Privacy Policy indicates your acceptance of the modified Privacy Policy.

How to contact us

Email: help@bluenotetx.com.
Mail: 548 Market St #55709, San Francisco, California, 94104
Phone: +1 415-200-3697

Questions, Comments or Complaints

If you have any questions or comments about this Notice, or if you have any complaints about Blue Note’s privacy practices, please contact us at help@bluenotetx.com or 548 Market St #55709, San Francisco, California, 94104. You may also file a complaint with the Secretary of the U.S. Department of Health and Human Services. Blue Note will not retaliate against you for filing a complaint.