Product Consent Form

PRODUCT CONSENT (FOR RESEARCH CONSENT, SEE WWW.BRAINSPAN.COM/RESEARCH-CONSENT WHICH MAY OR MAY NOT BE ACTIVE DEPENDING ON IF ONGOING RESEARCH IS CURRENTLY TRANSPIRING)
 

These "privacy highlights" provide an overview of some core components of our data handling practices. Further down you can read greater detail and information. Some of the data we capture from both you through your doctor and a laboratory is considered protected under HIPAA because it is protected health information (or PHI). Your general personal identifying information (or PII) is also stored by BrainSpan. All information is safeguarded and in accordance with all applicable state and federal regulations; including data that is transferred from/to laboratories and research organizations (see consent for research).

Please be sure to read our full privacy statement at the designated location from the terms.

 

We collect data when:

1) your healthcare provider registers a kit to you,

2) you self- report data through surveys, forms, cognitive function testing, features or applications,

3) when our partner laboratory sends us results of your blood analysis,

4) if/when you upload your own information to features within the BrainSpan patient educational site (in later releases) around mobile applications, or share data through various interactions with us and our partners, and via cookies and similar tracking technologies (see our Cookie Policy).

 

 

We use data in general

(i) to provide, analyze and improve our Services in supporting our licensed/credentialed providers,

(ii) as we reasonably believe is permitted by laws and regulations, including HIPAA, and Including for marketing and advertising purposes,

(iii) to protect the security and safety of our company, employees, and healthcare provider customers as we reasonably believe is permitted by laws and regulations,

(iv) to comply with laws and regulations we are subject to, and (v) when you consent, for research purposes, the results of which could be used to develop therapeutics.

 

CONSENT TO THE USE OF SENSITIVE DATA

 

By agreeing to our Privacy Statement and Terms of Service, you consent to sensitive data, such as data about your health, nutritional/cognitive data, and self-reported data such as age, educational status, gender and ethnicity (and which may be collected in a survey provided by your doctor) to be used by BrainSpan in order to:

analyze and provide you and your healthcare provider with our Services; analyze and provide your doctor with data about your health;

determine whether you would be suitable to take part in surveys, polls or questionnaires that we are conducting; and

 

 

monitor and improve existing products or services that we offer or to develop new products and services

 

We will not use your sensitive data without your consent unless: (i) the data has been anonymized or aggregated so that you cannot reasonably be identified as an individual; or (ii) a legal obligation requires us to use it in some way e.g. a court order requires us to disclose the data.

 

CONSENT TO THE TRANSFER OF YOUR PERSONAL DATA

 

By agreeing to our Privacy Statement and Terms of Service, you consent to the storing and processing of your personal data, including personal identifiable information (PII), and personal health information) (PHI) by BrainSpan in accordance with all laws both state and federal governing the secure transmission, storage and usage of that data.

We use a range of measures to safeguard data including HL7 with our laboratory partner(s). Health Level-7 or HL7 refers to a set of international standards for transfer of clinical and administrative data between software applications used by various healthcare providers (including your doctor and our partner laboratory). These standards focus on the application layer, which is "layer 7" in the OSI model. You also consent to your personal data, including sensitive data, PII/PHI, being transferred (securely) in the event of a business transition such as a merger, acquisition by another company, or other transaction or proceeding. In such a case, your data would be used as set out in any pre-existing Privacy Statement.

 

Once a BrainSpan assessment is securely registered to you electronically by your doctor or licensed healthcare provider, that personally identifiable information (or PII) is stored securely. Once the laboratory analysis is complete a secure message using HL7 is sent to your web platform where your doctor has secure access to it. At this point in time, our system will analyze the laboratory data and any cognitive functional data and possibly survey and demographic data to develop contextual relevance, education, predictive analysis of well-being, algorithm based analysis to develop enhanced patient meaning, and patient-provider tracking capability.  This is a supplemental report included with the laboratory report provided by our laboratory partner directly to your provider through BrainSpan interace. All data is moved and stored securely in accordance with the Health Insurance Portability and Accountability Act. If you and your doctor choose, the supplemental BrainSpan educational and tracking report can be emailed to you electronically from BrainSpan and all personal identifying information is removed except for a bar code number. Your doctor or BrainSpan can verify the bar code matching with the correct household member if several family members share the same email (permissible only for guardian-child relationships).

 

We will not sell, lease, or rent your individual-level data (i.e., data about a single individual's fatty acid profile, cognitive function or other traits/characteristics) to any third-party or to a third-party for research purposes without your explicit consent.

 

Once you receive your information from your provider which may be triggered by your provider emailing you that information, that data report will not include any of your personal identifiable information, only a bar code of the assessment you performed.

 

You may independently decide to disclose this data to an application of BrainSpan for enhanced education, friends and/or family members, doctors, health care professionals, or other individuals outside our Services, including through third-party services such as social networks and third-party apps that connect to your electronic report and mobile apps through our application programming interface ("API") in the future; always review the privacy policies of third-party apps and services before sharing your data.

 

We may share anonymized and aggregate data with third-parties; anonymized and aggregate data is any data that has been stripped of your name and contact data and aggregated with data of others or anonymized so that you cannot reasonably be identified as an individual.

 

In future applications we release, you may have the ability to agree and then upload certain data into a personal profile that allows you an enhanced educational experience, allows you to share data with other individuals through features such as social media linking. These are all voluntary and would only include specific kinds of data that you specifically approve and chose. You will always need to take a positive action to share your data, for example, a cognitive test competition program is subject to an opt-in requirement before we share your data with potential competitors.

 

We will use your data and share it with third-parties for scientific research purposes only if you sign a Consent Document. Note that we will disclose your individual-level data only if we obtain additional explicit consent from you.

 

There may be some consequences of using BrainSpan Services that you haven't thought of, you should read our guide of the surprising things you may find out from using the service before submitting your blood sample and performing your cognitive function test or speak to your clinician.

 

If you have any questions about our privacy practices, please email us at support@help.brainspan.com or send a letter to the address provided at the bottom.