TERMS OF SERVICE

Effective January 7, 2016

GENERAL

THESE TERMS OF SERVICE (THESE “TERMS”) GOVERN YOUR USE OF THE WEBSITES AND MOBILE APPLICATIONS OWNED AND OPERATED BY Xperii CORP. (“Xperii”, “Company”, “WE”, “US” OR “OUR”), INCLUDING WWW.CLARAHEALTH.COM AND APP.CLARAHEALTH.COM (COLLECTIVELY, THE “SERVICE”). BY USING OR DOWNLOADING THE SERVICE, YOU: (A) AGREE TO BE BOUND BY THESE TERMS AND OUR PRIVACY POLICY, WHICH IS INCORPORATED HEREIN BY REFERENCE; AND (B) REPRESENT THAT YOU ARE 18 YEARS OF AGE OR OLDER. THIS IS A LEGALLY BINDING AGREEMENT. IF YOU DO NOT AGREE WITH THESE TERMS, YOU ARE NOT AUTHORIZED TO USE THE Service.

These Terms may be updated from time to time without notice to you. Your use of the Service after the Terms have been updated shall constitute acceptance by you of any modifications, additions or deletions to the Terms caused by such update. You may refer to the most current version of these Terms at any time by returning to this web page or section of the mobile application.

WE DO NOT PROVIDE MEDICAL ADVICE

The Service does not provide medical advice. If you think you have a medical emergency, call your health care provider or 911 immediately. YOU SHOULD NOT RELY ON THE INFORMATION PROVIDED ON THE SERVICE AS A SUBSTITUTE FOR, NOR DOES IT REPLACE, PROFESSIONAL MEDICAL ADVICE, DIAGNOSIS, OR TREATMENT. YOU ARE ENCOURAGED TO SEEK PROFESSIONAL MEDICAL DIAGNOSIS AND TREATMENT FOR ANY MEDICAL CONDITION, AND TO DISCUSS INFORMATION ABOUT/FROM THE SERVICE WITH YOUR HEALTHCARE PROVIDER. INFORMATION PROVIDED ON THE SERVICE IS PROVIDED FOR INFORMATIONAL PURPOSES AND IS IN NO WAY INTENDED TO SUBSTITUTE CONSULTING A MEDICAL PROFESSIONAL. DO NOT DISREGARD, AVOID OR DELAY OBTAINING MEDICAL ADVICE FROM A HEALTH CARE PROFESSIONAL BECAUSE OF SOMETHING YOU MAY HAVE READ ON THE SERVICE. YOUR USE OF INFORMATION PROVIDED ON THE SERVICE IS SOLELY AT YOUR OWN RISK. NOTHING STATED OR POSTED ON THE SERVICE OR AVAILABLE THROUGH ANY SERVICES ARE INTENDED TO BE, AND MUST NOT BE TAKEN TO BE, THE PRACTICE OF MEDICINE OR THE PROVISION OF MEDICAL CARE. RESULTS GENERATED FROM OUR DATABASE ARE NOT, AND SHOULD NOT BE CONSIDERED AS, MEDICAL ADVICE. WE DO NOT RECOMMEND OR ENDORSE ANY SPECIFIC TESTS, STUDIES, PROTOCOLS, TREATMENTS, PHYSICIANS, PROCEDURES, OPINIONS, PRODUCTS OR OTHER INFORMATION THAT MAY APPEAR ON THE SERVICE OR ON LINKS REACHED THROUGH THE SERVICE. If you rely on any of the information provided by the Service, you do so solely at your own risk. In view of the constant advances in medical knowledge and differences of opinion among medical authorities, you are advised to confirm information on the Service with your healthcare provider. We have no control over, and cannot guarantee the availability of any research study at any particular time. We will not be liable for cancelled research studies or your inability to participate in studies or any injury resulting there from. Studies presented on the Service may not be approved by the participating medical center’s institutional review board, may be cancelled, or may not be enrolling patients.

GRANT OF LICENSE; PROPRIETARY RIGHTS

Participant to the terms and conditions of these Terms, Xperii hereby grants to you a personal, revocable, non-transferable and non-exclusive license to install and use our mobile application on your mobile device for the purposes of your own internal, noncommercial use and to view, download for caching purposes only, and print pages from the Service for your own personal use, pursuant to the restrictions in these terms of service.

No license is granted to any third party and you have no right to make available to anyone access to the Service. Xperii reserves the right to discontinue all or part of the Service or the foregoing license grant with or without notice at any time. Xperii does not transfer any ownership interest in the Service, any copies of the Service, any Content (as defined below), or any intellectual property related to any of the foregoing, to you under these Terms. Xperii retains all right, title and interest in and to the Service. You agree that Xperii, in its sole discretion, may terminate or restrict your use or access to the Service (or any part thereof) for any reason, including, without limitation, that Xperii believes you have violated or acted inconsistently with these Terms.

The content provided in the Service, including, but not limited to, documents, text, graphics, photos, images, audio or video files, logos, location data, all other forms of data or communication, as well as the compilation of such content and the general “look and feel” of this Service (collectively, the “Content”) is owned by Xperii (or its third-party licensors) and is protected by United States and international copyright and trademark laws. “Xperii”, and other trademarks and product names used in this Service are trademarks owned by Xperii or its licensees (unless otherwise indicated). All Xperii names, logos and trademarks may not be used or reproduced, in any manner, without the prior written permission of Xperii. All rights in such trademarks and names are reserved.

We cannot guarantee that you have any right to use third-party owned Content which is available on this Service and you must obtain permission from the third-party owner before using or downloading such Content. Content which is copyright protected may not be changed nor may any author attribution notice or copyright notice appearing on such Content be altered without first obtaining the appropriate consents.

Except for the limited permission set out above, nothing on this Service or in these Terms should be construed as granting any other right or license. Without limiting the foregoing, you may not:

Republish material from the Service (including republication on another website);
Sell, rent or sub-license material from the Service;
Show any material from the Service in public;
Reproduce, duplicate, copy or otherwise exploit material on the Service for a commercial purpose;
Edit or otherwise modify any material on the Service;
Redistribute material from the Service (except for content specifically and expressly made available for redistribution);
Use the Service in any way that causes, or may cause, damage to the Service or impairment of the availability or accessibility of the Service; or in any way which is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity;
Conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction and data harvesting) on or in relation to the Service without our express prior written consent; or
Use the Service to transmit or send unsolicited commercial communications or use the Service for any purposes related to marketing without our express written consent.

USER GENERATED CONTENT

In these terms of use, “your user content” means material (including without limitation text, images, audio material, video material and audio-visual material) that you submit to the Service, for whatever purpose. You grant to us a perpetual, worldwide, irrevocable, non-exclusive, royalty-free license to use, reproduce, adapt, publish, translate and distribute your user content in any existing or future media. You also grant to us the right to sub-license these rights, and the right to bring an action for infringement of these rights. Your user content must not be illegal or unlawful, must not infringe any third party’s legal rights, and must not be capable of giving rise to legal action whether against you or us or a third party (in each case under any applicable law). Further, in using the the Service you represent and warrant that your user content will not:

Violate local, state, national or international laws;
Infringe on the intellectual property rights of others or on the privacy or publicity rights of others;
Harm minors in any way;
Forge information or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the Service;
Impersonate another person;
Include viruses or other harmful computer code designed to interrupt, destroy or limit the use of any computer software or hardware;
Be in breach of any contractual obligation owed to any person;
be untrue, false or misleading; or
Be illegal, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, pornographic, sexually explicit, invasive of another’s privacy, hateful or otherwise offensive or embarrassing to any person, as determined by us in our sole discretion. You represent and warrant that you own or control all rights in and to your user content and have the right to grant the license granted above to us and our affiliates and service providers, and each of their and our respective licensees, successors and assigns. We reserve the right to edit or remove any material submitted to the Service, or stored on our servers, or hosted or published on the Service. Notwithstanding our rights under these terms of use in relation to user content, we do not undertake to monitor the submission of such content to, or the publication of such content on, the Service.

You represent and warrant that your user content will not contain Individually Identifiable Health Information or Protected Health Information, as such terms are defined under the Health Information Portability and Accountability Act of 1996, including, without limitation, its implementing regulations (“HIPAA”) or any applicable state laws or regulations. You agree that your user content shall not be identifiable to any individual, consistent with the HIPAA privacy rule standards set forth in 45 C.F.R. §164.514(b). In addition to removing any specific identifying information from your user content, you represent and warrant that you do not have actual knowledge that the remaining data could be used alone or in combination with any other information to identify any individual, including yourself. In the event your user content contains any Individually Identifiable Health Information or Protected Health Information inadvertently, you must immediately notify Xperii, remove the Individually Identifiable Health Information or Protected Health Information from your user content, and indemnify Xperii for any costs or expenses arising therefrom. You agree that Xperii is not responsible for auditing or verifying that your user content meets the requirements of this provision.

GUEST AUTHORS

The Service may contain blogs, podcasts, videos or other Content provided by third parties not affiliated with Xperii (“Guest Authors”). The views and opinions expressed by Guest Authors are those of the Guest Authors and do not necessarily reflect the views or position of Xperii. Xperii disclaims all liability for Content created by Guest Authors. Guest Authors are not compensated for providing their Content unless otherwise indicated at the location where the Guest Author Content is posted.]

CLAIMS OF COPYRIGHT INFRINGEMENT

We respect the intellectual property rights of others and expect our users to do the same. In accordance with the Digital Millennium Copyright Act (“DMCA”), we will respond promptly to notices of alleged infringement that are reported to Company’s Designated Copyright Agent, identified below. If you are a copyright owner, authorized to act on behalf of one, or authorized to act under any exclusive right under copyright, please report alleged copyright infringements taking place on or through our Service by sending us a notice complying with the following requirements.

Identify the copyrighted works that you claim have been infringed.
Identify the material or link you claim is infringing (or the participant of infringing activity) and that access to which is to be disabled, including at a minimum, if applicable, the URL of the link shown on the Service where such material may be found.
Provide your mailing address, telephone number, and, if available, email address.
Include both of the following statements in the body of the Notice: “I hereby state that I have a good faith belief that the disputed use of the copyrighted material is not authorized by the copyright owner, its agent, or the law (e.g., as a fair use).” “I hereby state that the information in this Notice is accurate and, under penalty of perjury, that I am the owner, or authorized to act on behalf of the owner, of the copyright or of an exclusive right under the copyright that is allegedly infringed.”
Provide your full legal name and your electronic or physical signature.
Deliver the notice, with all items completed, to our Copyright Agent at: > 4445 Eastgate Mall, Suite 200 > San Diego, CA 92121

SERVICE ACCESS, SECURITY AND RESTRICTIONS; PASSWORDS

You are prohibited from violating or attempting to violate the security of the Service, including, without limitation, (a) accessing data not intended for such user or logging onto a server or an account which the user is not authorized to access; or (b) attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization; or (c) accessing or using the Service or any portion thereof without authorization, in violation of these Terms or in violation of applicable law. You may not use any scraper, crawler, spider, robot or other automated means of any kind to access or copy data on the Service, deep-link to any feature or content on the Service, bypass our robot exclusion headers or other measures we may use to prevent or restrict access to the Service. Violations of system or network security may result in civil or criminal liability. Company will investigate occurrences that may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting users who are involved in such violations. You agree not to use any device, software or routine to interfere or attempt to interfere with the proper working of this Service or any activity being conducted on this Service. In the event access to the Service or a portion thereof is limited requiring a user ID and password (“Protected Areas”), you agree to access Protected Areas using only your user ID and password as provided to you by Company. You agree to protect the confidentiality of your user ID and password, and not to share or disclose your user ID or password to any third party. You agree that you are fully responsible for all activity occurring under your user ID. Your access to the Service may be revoked by Company at any time with or without cause. You agree to defend, indemnify and hold Company harmless from and against all third party claims, damages and expenses (including reasonable attorneys’ fees) against or incurred by Company arising out of your breach of these Terms or violation of applicable law, your use or access of the Service, or access by anyone accessing the Service using your user ID and password.

ONLINE PAYMENTS

You represent and warrant that if you are making online payments that (a) any credit card, debit card and bank account information you supply is true, correct and complete, (b) charges incurred by you will be honored by your credit/debit card company or bank, (c) you will pay the charges incurred by you in the amounts posted, including any applicable taxes, and (d) you are the person in whose name the card was issued and you are authorized to make a purchase or other transaction with the relevant credit card and credit card information.

LINKS TO OTHER SITES

We make no representations whatsoever about any other website that you may access through the Service. When you access a third party site, please understand that it is independent from Xperii, and that Xperii has no control over the content on that website. In addition, a link to a non-Xperii website does not mean that Xperii endorses or accepts any responsibility for the content, or the use, of the linked site. It is up to you to take precautions to ensure that whatever you select for your use or download is free of such items as viruses, worms, Trojan horses, and other items of a destructive nature. If you decide to access any of the third party sites linked to this Service, you do this entirely at your own risk.

WARRANTY DISCLAIMER

You understand that we cannot and do not guarantee or warrant that files available for downloading from the internet or the Service will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our site for any reconstruction of any lost data. WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE SERVICE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SERVICE OR TO YOUR DOWNLOADING OF ANY CONTENT POSTED ON IT, OR ON ANY SERVICE LINKED TO IT.

YOUR USE OF THE SERVICE, ITS CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE SERVICE IS AT YOUR OWN RISK. THE SERVICE, ITS CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE SERVICE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER Xperii NOR ANY PERSON ASSOCIATED WITH Xperii MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY OR AVAILABILITY OF THE SERVICE. WITHOUT LIMITING THE FOREGOING, NEITHER Xperii NOR ANYONE ASSOCIATED WITH Xperii REPRESENTS OR WARRANTS THAT THE SERVICE, ITS CONTENT OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SERVICE WILL BE ACCURATE, RELIABLE, ERROR-FREE OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR SERVICE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT THE SERVICE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SERVICE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.

Xperii HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT AND FITNESS FOR PARTICULAR PURPOSE. THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

LIMITATION OF LIABILITY

IN NO EVENT WILL Xperii, ITS AFFILIATES OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE SERVICE, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE SERVICE OR SUCH OTHER WEBSITES OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SERVICE OR SUCH OTHER WEBSITES, INCLUDING ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORESEEABLE. YOUR SOLE AND EXCLUSIVE RIGHT AND REMEDY IN CASE OF DISSATISFACTION WITH THE SERVICE, OR ANY OTHER GRIEVANCE SHALL BE YOUR TERMINATION AND DISCONTINUATION OF ACCESS TO, OR USE OF, THE SERVICE. TO THE EXTENT ANY ASPECTS OF THE FOREGOING LIMITATIONS OF LIABILITY ARE NOT ENFORCEABLE, THE MAXIMUM LIABILITY OF Xperii TO YOU WITH RESPECT TO YOUR USE OF THE SERVICE WILL IN NO EVENT EXCEED ONE HUNDRED DOLLARS ($100). THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

INDEMNIFICATION

You agree to defend, indemnify and hold harmless Xperii, its affiliates, licensors and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including reasonable attorneys’ fees) arising out of or relating to your violation of these Terms or your use of the Service, including, but not limited to, your user content, any use of the Service’s Content, services and products other than as expressly authorized in these Terms or your use of any information obtained from the Service.

GOVERNING LAW

These Terms shall be governed by the laws of the State of Massachusetts without regard to its conflicts of laws principles. You hereby consent to the exclusive jurisdiction and venue of the State and Federal Courts located in Middlesex County, Massachusetts in all disputes arising out of or relating to the use of the Service or these Terms and you hereby waive any right to claim that such courts constitute an inconvenient forum for such disputes. Use of the Service is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms, including without limitation, this paragraph.

NO CLASS ACTION

You may only resolve disputes with Xperii on an individual basis, and you hereby waive your right to bring a claim as a plaintiff or participate in a class member in a class, consolidated or representative action, against Xperii. Class arbitrations, class actions, private attorney general actions, and consolidation with other arbitrations are not allowed.

MISCELLANEOUS

The Service is intended for use only within the United States. If you access the Service from outside the United States, you do so at your own risk and are responsible for compliance with the laws of your jurisdiction. Xperii’s provision of the Service and these Terms are participant to existing laws and legal process, and nothing contained in these Terms is in derogation of Xperii’s right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Service and or information provided to or gathered by Xperii with respect to such use. If any part of these Terms is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the Terms shall continue in full force and effect. Unless otherwise specified herein, these Terms and the accompanying Xperii Privacy Policy constitute the entire agreement between you and Xperii with respect to the Service and it supersedes all prior communications and agreements, whether electronic, oral or written, between you and Xperii with respect to the Service.

NOTICES

Please send all questions, comments and notices regarding these Terms to:
[email protected]
or
M&B Sciences, 4445 Eastgate Mall, Suite 200 San Diego, CA 92121

PRIVACY POLICY

Privacy Policy

Effective September 14, 2022

M&B Sciences, Inc (d/b/a Clara Health) and its affiliates and subsidiaries (collectively, “M&B Sciences”, “Clara,” “we,” “us” and “our”), is committed to protecting the privacy of your information. This Privacy Policy describes how we collect, use, disclose and store information you provide to us. The Privacy Policy applies to all of the information collected in the provision of services via the Clara website and mobile app (collectively, the “Services”).

Clara Health has subscribed to the EU-U.S. Privacy Shield Framework (collectively, “Privacy Shield”). Clara Health adheres to the Privacy Shield Principles for Personal Data received from entities in the European Economic Area (the “EEA”). If there is any conflict between the terms in this Privacy Policy and the Privacy Shield Principles as concerns the Personal Data received under the Privacy Shield, the Privacy Shield Principles shall govern to the extent of the conflict. To learn more about the Privacy Shield program visit https://www.privacyshield.gov, and to view our certification, please visit https://www.privacyshield.gov/list.

This Privacy Policy describes:

Information we collect and how we collect it
How we use the information that we collect
How we may share information with third parties
The security of your information

PLEASE REVIEW THIS PRIVACY POLICY CAREFULLY. When you submit information to or through the Services, you consent to the collection, use, sharing and processing of your information as described in this Privacy Policy. By using the Services, you accept the terms of this Privacy Policy and our Terms of Service and consent to our collection, use, disclosure and retention of your information as described in this Privacy Policy. IF YOU DO NOT AGREE WITH ANY PART OF THIS PRIVACY POLICY OR OUR TERMS OF USE, THEN PLEASE DO NOT USE ANY OF THE SERVICES.

Linked Sites.

For your convenience, we may provide links on our Website to third party websites (“Third Party Sites”), with which we have no affiliation. Please remember that this Privacy Policy is not applicable to such Third Party Sites. A link to any Third Party Sites does not mean that we endorse it or the quality or accuracy of information presented on it. If you decide to visit a Third Party Site, you are participant to its privacy policy and practices and not this Privacy Policy. We encourage you to carefully review the legal and privacy notices of all other digital services that you visit.

Effective Date and Changes to Privacy Policy.

The Effective Date of this Privacy Policy is set forth at the top of this webpage. We reserve the right to make changes to this privacy policy from time to time. We will post changes to this Privacy Policy to this webpage, so please return often to ensure you are aware of our current privacy practices. We will not make retroactive changes that reduce your privacy rights unless we are legally required to do so. Your continued use of the Services after the Effective Date of the Amendment constitutes your acceptance of the amended Privacy Policy. The revised Privacy Policy supersedes all previous versions.

Information We Collect and How we Collect It.

What We Collect Online

Personally Identifiable InformationWe collect certain personal information about you when you provide it to us while using the Services. For example, you may provide us with this information in order to verify your identity, post a new research study, set up a participant profile, apply to be a participant in a research study, or respond to a survey. “Personal information” includes:
- contact information (such as your name, address, email address and telephone number)
- demographic information (such as age, date of birth, gender, marital status, ethnicity and sexual orientation)
- health information (such as diagnosis, health status, prior treatment regimens, smoking and drug use)
- specific information collected on behalf of a research study in which you are participating
- financial information necessary to enable direct deposits of funds you may receive for participating in a research study or referring a friend, and
- other information necessary for or related to your activities with us (such as research studies you are conducting or in which you are participating, the location and/or IP address of the computer you use to access the Services, education and employment history and identification numbers).
Certain personal information, such as information about personal health or finances, is characterized as sensitive and participant to stricter regulation than other personal information. Before providing it to us, we urge you to carefully consider whether to disclose your sensitive personal information to us. If you do provide sensitive personal information to us, you consent to its use and disclosure for the purposes and in the manner described in this Privacy Policy.

“When you provide your personally identifiable information to us in connection with our services, we may make that information available to the researchers, trial sponsors, pharmaceutical companies, and other entities that are conducting studies which you may be able to participate in. By signing up, you are authorizing us to collect and store this information, use your email and any phone number provided to contact you, and share your PII with researchers who may contact you directly about your interest to participate in their studies. We may also use this information as described in the “How Information is Used” section of this Privacy Policy.

Under a federal law called the Health Insurance Portability and Accountability Act (“HIPAA”), some demographic, health and/or health-related information that we collect as part of providing the Services may be considered “protected health information” or “PHI.” HIPAA provides specific protections for the privacy and security of PHI and restricts how PHI is used and disclosed. To the extent HIPAA is applicable, we may only use and disclose your PHI in the ways permitted by HIPAA.

You have the right to revoke this consent at any time by sending an email to [email protected], however, please note that the revocation will not apply to the extent that we have already released your information to researchers based on this consent. We will move expeditiously to process the revocation request, but please note that revocation may take effect up to within 3 business days of being received.”
Non-Personally Identifiable InformationWe also collect non-personally identifiable information about visitors’ web activity and equipment. This information includes the operating system a visitor is using, the date and time the user visited a website or mobile app, referring URLs (what website the visitor came from), Internet service provider, browser type, device identifier, and information on the pages that visitors access or visit. Most non-personally identifiable information is collected via cookies or other analysis technologies, and is discussed in greater detail below.

What We Collect Offline

We may also obtain information about you when you interact with us outside of our website, such as in person, over the phone or by email. Further, we may collect information about you from third parties. For example, we use a third-party verification service provider to verify a user’s identity. Moreover, if you apply to become a research study participant, we may obtain personal information about you from the researcher conducting the study, such as whether your application was accepted, whether the study was conducted, and whether you actually participated in the study.

We may combine information that we collect online with information we receive about you from offline sources.

Our Use of Cookies and Other Technology to Collect Information

Cookies, Web Beacons and Embedded ScriptsWhen you use or access our Services, we may send one or more “cookies” to your computer or other device. A cookie is a small file containing a string of characters that is sent to your computer when you visit a website. When you visit the website again, the cookie allows that website to recognize your browser. We also may use “web beacons,” which are small graphic files that allow us to monitor the use of our Services. A web beacon is a type of technology placed on a website or within the body of an email for the purpose of tracking activity on websites, or when emails are opened or accessed, and is often used in combination with cookies. We also may use “embedded scripts,” programming code that is designed to collect information about your interactions with the Services, such as the links on which you click. The code is temporarily downloaded onto your computer or mobile device from our web server or a third-party service provider, is active only while you are connected to the Services, and is deactivated or deleted thereafter.Cookies may store unique identifiers, user preferences and other information. A web beacon can collect information such as the IP (Internet Protocol) address of the computer that downloaded the page on which the tag appears, the URL of the page on which the web beacon appears, the time the page containing the web beacon was viewed, the type of browser that fetched the web beacon and the identification number of any cookie on the computer previously placed by that server. Our use of cookies and web beacons includes login verification, session management, load balancing and personalization to enhance your user experience. We also use these tools to estimate the number of visitors to our website and mobile app, track visits to and transaction with the sites referenced by our Services, and analyze our users’ visiting patterns.We do not use cookies to store any of your personal, financial, or health-related information on your computer. Also, we do not use cookies to retrieve information from your computer that was not originally provided to us by you directly, or by your browser when you are using the Services. Once you visit or click on links to third-party websites, their sites may use cookies. We do not control what information those websites collect or their use of cookies, and they are not participant to our Privacy Policy, including the use of cookies.You can set your browser to refuse all cookies or to indicate when a cookie is being sent. To learn more about cookies and interest-based advertising, or to opt out of cookies, visit the opt-out services of the National Advertising Initiative or visit the Digital Advertising Alliance’s Self Regulatory Program and follow the simple opt-out process. However, if you decline cookies, some features of the Services may not function properly.
Google AnalyticsSome of the information we collect automatically is collected through our use of Google Analytics to help analyze how users use the Services. The Google Analytics tool uses cookies, as described above, to collect standard Internet log information and visitor behavior information in an anonymous form. The information generated by the cookie about your use of the Services (including IP address) is transmitted to Google. This information is then used to evaluate visitors’ use of the Services and to compile statistical reports on Services activity for us. For more information regarding Google Analytics, please visit Google’s website and pages that describe Google Analytics.
Other Third Party TechnologiesThe Services may include social media features, such as widgets. These features may collect your IP address, which page you are visiting on that Services, and may set a cookie to enable the feature to function properly. Social media features and widgets are either hosted by a third party or hosted directly on the Services. Your interactions with these features are governed by the privacy policy of the company providing it.We also may work with other third parties, including advertising companies and other website analysis firms, who also use cookies and web beacons to collect non-personally identifiable information when you use our Services or visit other third-party websites. This non-personally identifiable information is typically used by these third party advertising companies (i.e., advertising networks) to serve you with advertisements tailored to meet your interests and needs while on third party websites.

How Information Is Used

We may use the information we collect, in an aggregated or individualized manner, for any of the following purposes:

To customize and provide the Services to you;
To check and verify personal information with third parties as necessary;
To process payments to and from users;
To operate, improve and personalize the products and services we offer, and to give each user a more consistent and personalized experience when interacting with us online and offline;
For customer service, security, to detect fraud or illegal activities, and/or for archival and backup purposes in connection with the provision of the Services;
To send marketing materials and communications to you about products and services we think may be of interest to you;
To communicate with you, including through email;
To administer and improve the Services;
For research and analysis;
To enforce our Terms of Service or other applicable policies;
To permit potential research participants to search for and identify research studies in which they might want to participate; and
To otherwise conduct business, as described when the information is collected.

We may share and disclose information as described at the time information is collected or as follows:

To Perform the Services
- Researcher and Research Study InformationWe may disclose personal information to third parties in order to perform the Services attendant to publicizing a research study and determining whether a potential participant meets a study’s eligibility requirements. Certain personal information will be used to verify the identity of each Researcher who creates an account for our Services. At the direction of a researcher, we will publicly post the information provided regarding a research study that is scheduled to be conducted and is in need of additional participants.
- Research Participant InformationWe may disclose personal information to third parties in order to perform the Services available for potential and actual research study participants. Certain personal information may be used to verify the identity of a potential research participant who creates an account for our Services. At the direction of a potential or actual research study participant, we will disclose information to the researcher conducting a research study.
With Third Party Service Providers Performing Services on Our BehalfWe share information, including personal information, with our service providers to perform the functions for which we engage them (such as hosting and data analyses). We may share information as needed to operate other related services.
For Legal PurposesWe also may share information that we collect from users, as needed, to enforce our rights, protect our property or protect the rights, property or safety of others, or as needed to support external auditing, compliance and corporate governance functions. We will disclose information, including personal information, as we deem necessary to respond to a subpoena, regulation, binding order of a data protection agency, legal process, governmental request or other legal or regulatory process. We may also share information as required to pursue available remedies or limit damages we may sustain.
Corporate ChangesWe may transfer information, including personal information, in connection with a merger, sale, acquisition or other change of ownership or control by or of us or any affiliated company (in each case whether in whole or in part).
To Users of the ServicesWe will make available to you, and anyone who you explicitly give us permission to share your information with, all of the personal information that you share with us directly when you use the Services. You can delete, revise, or otherwise manage that information by logging into your account.

The Security of Your Information.

The security of information transmitted through the internet can never be guaranteed. We are not responsible for any interception or interruption of any communications through the internet or for changes to or losses of data. Users of the Services are responsible for maintaining the security of any password, user ID or other form of authentication involved in obtaining access to password protected or secure areas of any of our Services. In order to protect you and your data, we may suspend your use of any of the Services, without notice, pending an investigation, if any breach of security is suspected. Access to and use of password protected and/or secure areas of any of the Services are restricted to authorized users only. Unauthorized access to such areas is prohibited and may lead to criminal prosecution.

Special Provisions.

ChildrenWe do not knowingly collect or maintain personal information from any person under the age of thirteen. No parts of our Services are directed to or designed to attract anyone under the age of thirteen.
Your California Privacy RightsUnder California’s “Shine the Light” law, California residents who provide personal information to us in obtaining products or services for personal, family or household use are entitled to request and obtain from us once a calendar year information about certain types of information we may share with other businesses for their own direct marketing uses. To make such a request, please send an email to [email protected] and include the phrase “California Privacy Request” in the participant line, and provide us with your name, address and email address. We will respond to you within 30 days of receiving such a request. Please be aware that not all information sharing is covered by the “Shine the Light” requirements and only information on covered sharing will be included in our response.
Do Not TrackWe do not support Do Not Track with respect to the Services at this time. Do Not Track is a privacy preference that you can set in your web browser to indicate that you do not want certain information about your webpage visits collected across websites when you have not interacted with that service on the page. For all the details, including how to turn on Do Not Track, visit Do Not Track.

Accountability for Onward Transfers

This Policy and the Privacy Policy describe how Clara Health shares Personal Data.

Except as permitted or required by applicable law and in accordance with Clara Health’s role as a controller or processor, Clara Health provides EEA users with an opportunity to opt out of sharing their Personal Data with third-party controllers. Clara Health requires third-party controllers to whom it discloses the Personal Data of EEA users to contractually agree to (a) only process the Personal Data for limited and specified purposes consistent with the consent provided by the relevant EEA user, (b) provide the same level of protection for Personal Data as is required by the Privacy Shield Principles, and (c) notify Clara Health and cease processing Personal Data (or take other reasonable and appropriate remedial steps) if the third-party controller determines that it cannot meet its obligation to provide the same level of protection for Personal Data as is required by the Privacy Shield Principles.

Clara Health may disclose Personal Data to trusted third parties as indicated in the Privacy Policy without offering an opportunity to opt out. Clara Health requires that its agents and service providers that have access to Personal Data within the scope of this Privacy Shield Policy provide the same level of protection as required by the Privacy Shield Principles. Clara Health has liability for onward transfers to third parties unless we can prove we were not a party to the events giving rise to the damages.

We may also need to disclose Personal Data in response to lawful requests by public authorities, for law enforcement or national security reasons, or when such action is necessary to comply with a judicial proceeding or court order, or when otherwise required by law. We do not offer an opportunity to opt out from this category of disclosure.

Recourse, Enforcement and Dispute Resolution

If you have any questions or concerns, please write to us at the address listed below. We will investigate and attempt to resolve complaints and disputes regarding use and disclosure of Personal Data in accordance with the Privacy Shield Principles. In the event we are unable to resolve your concern, you may contact The EU data protection authorities, which provides an independent third-party dispute resolution body, and they will investigate and assist you free of charge. A binding arbitration option may also be available to you in order to address residual complaints not resolved by any other means. Clara Health is subject to the investigatory and enforcement powers of the U.S. Federal Trade Commission (“FTC”).

Notices
Please send all questions, comments and notices regarding this Privacy Policy to:
[email protected]
or
M&B Sciences 4445 Eastgate Mall, Suite 200 San Diego, CA 92121