Privacy Policy - SMA - Bayesian Health

Bayesian Health Privacy Policy

Effective: December 29, 2022

This Privacy Policy describes how Bayesian Health collects, uses and discloses information, and what choices you have with respect to the information.

When we refer to “Bayesian Health”, we mean Bayesian Health, Inc.

Applicability of This Privacy Policy

This Privacy Policy applies to Bayesian Health’s subscription services, including the associated Bayesian Health mobile applications (collectively, the “Services”), www.bayesianhealth.com and other Bayesian Health websites (collectively, the “Websites”) and other interactions (e.g., customer service inquiries, user conferences, etc.) you may have with Bayesian Health. If you do not agree with the terms, do not access or use the Services, Websites or any other aspect of Bayesian Health’s business.

This Privacy Policy does not apply to any third party applications or software that integrate with the Services through the Bayesian Health Services (“Third Party Services”), or any other third party products, services or businesses. In addition, a separate agreement governs delivery, access and use of the Services (the “Master Services Agreement”), including the processing of any messages, files or other content submitted through use of the Services (collectively, “Customer Data”). The organization (e.g., your employer or another entity or person) that entered into the Master Services Agreement (“Customer”) controls certain aspects of their instance of the Services (their “Implementation”) and associated Customer Data, for example, how long Bayesian Health will retain Customer Data.

Information We Collect And Receive

Bayesian Health may collect and receive Customer Data and other information and data (“Other Information”) in a variety of ways:

Customer Data. Implementations are configured to send Customer Data to Bayesian Health for processing using the Services, for example digital computed tomography (CT) studies may be sent to Bayesian Health through the Services in order for an artificial intelligence algorithm to detect suspected disease state conditions such as sepsis, all-cause deterioration or pressure injuries. Customers or individuals granted access to a Implementation by a Customer (“Authorized Users”) routinely submit Customer Data to Bayesian Health when using the Services, for example Authorized Users may submit messages through the mobile application component of the Services to coordinate care for a patient. Customer Data includes “Protected Health Information” as defined in the Health Insurance Portability and Accountability Act of 1996 (“HIPAA”). Protected Health Information is governed by the HIPAA Business Associate Agreement between the Customer and Bayesian Health and not by this Privacy Policy.
Business Associate: Bayesian agrees to comply as a “business associate” with all provisions applicable to standard business associates contracts set forth in the Standards for Privacy of Individually Identifiable Health Information (45 CFR §164.504(e)(2)) and the Security Standards for the Protection of Electronic Protected Health Information (45 CFR § 164.314(a)(2)).
Other Information. Bayesian Health also collects, generates and/or receives Other Information:
Implementation and Account Information. To create or update an Authorized User account, you or your Customer (e.g., your employer) supply Bayesian Health with an email address, phone number, password, role or title, and other similar account details. In addition, Customers provide Bayesian Health with billing details such as banking information and a billing address.
Usage Information.
Services Metadata. When an Authorized User interacts with the Services, metadata is generated that provides additional context about the way Authorized Users work. For example, Bayesian Health logs when an Authorized User logs in to the Services, what studies are accessed by an Authorized User, and other Authorized User activity within the Services.
Log data. As with most websites and technology services delivered over the Internet, our servers automatically collect information when you access or use our Websites or Services and record it in log files. This log data may include the Internet Protocol (IP) address, the address of the web page visited before using the Website or Services, browser type and settings, the date and time the Services were used, information about browser configuration and plugins, language preferences and cookie data.
Device information. Bayesian Health collects information about devices accessing the Services, including type of device, what operating system is used, device settings, application IDs, unique device identifiers and crash data. Whether we collect some or all of this Other Information often depends on the type of device used and its settings.
Location information. We may receive information from you, your Customer and other third-parties that helps us approximate your location. We may, for example, use a business address submitted by your employer, or an IP address received from your browser or device to determine approximate location. Bayesian Health may also collect location information from devices in accordance with the consent process provided by your device.
Cookie Information. Bayesian Health uses cookies and similar technologies in our Websites and Services that help us collect Other Information. The Websites and Services may also include cookies and similar tracking technologies of third parties, which may collect Other Information about you via the Websites and Services and across other websites and online services.
Third Party Services. Customer can choose to permit or restrict Third Party Services for their Implementation. Typically, Third Party Services are software that integrate with our Services, and Customer can permit its Authorized Users to enable and disable these integrations for their Implementation. Once enabled, the provider of a Third Party Service may share certain information with Bayesian Health. For example, if a cloud storage application is enabled to permit files to be imported to an Implementation, we may receive user name and email address of Authorized Users, along with additional information that the application has elected to make available to Bayesian Health to facilitate the integration. Authorized Users should check the privacy settings and notices in these Third Party Services to understand what data may be disclosed to Bayesian Health. When a Third Party Service is enabled, Bayesian Health is authorized to connect and access Other Information made available to Bayesian Health in accordance with our agreement with the Third Party Provider. We do not, however, receive or store passwords for any of these Third Party Services when connecting them to the Services.
Contact Information. In accordance with the consent process provided by your device, any contact information that an Authorized User chooses to import is collected when using the Services.
Third Party Data. Bayesian Health may receive data about organizations, industries, Website visitors, marketing campaigns and other matters related to our business from parent corporation(s), affiliates and subsidiaries, our partners or others that we use to make our own information better or more useful. This data may be combined with Other Information we collect and might include aggregate level data, such as which IP addresses correspond to zip codes or countries. Or it might be more specific: for example, how well an online marketing or email campaign performed.

Generally, no one is under a statutory or contractual obligation to provide any Customer Data or Other Information (collectively, “Information”). However, certain Information is collected automatically and, if some Information, such as contact information, is not provided, we may be unable to provide the Services.

How We Use Information

Customer Data will be used by Bayesian Health in accordance with applicable terms in the Master Services Agreement and Customer’s use of Services functionality, and as required by applicable law. Bayesian Health is a processor of Customer Data and Customer is the controller. Customer may, for example, use the Services to grant and remove access to an Authorized User, assign roles and configure settings, access, modify, export, share and remove Customer Data and otherwise apply its policies to the Services.

Bayesian Health uses Other Information in furtherance of our legitimate interests in operating our Services, Websites and business. More specifically, Bayesian Health uses Other Information:

To provide, update, maintain and protect our Services, Websites and business. This includes use of Other Information to support delivery of the Services under a Master Services Agreement, prevent or address service errors, security or technical issues, analyze and monitor usage, trends and other activities or at an Authorized User’s request.
As required by applicable law, legal process or regulation.
To communicate with you by responding to your requests, comments and questions. If you contact us, we may use your Other Information to respond. For example, we will use the information you provide to us to respond to Trust Center requests.
To develop and provide algorithms, tools and additional features. Bayesian Health tries to make the Services as useful as possible for specific Implementations and Authorized Users. For example, we may improve the way we present studies to Authorized Users by using Other Information to help determine and rank the relevance of studies, make Services suggestions based on historical use and predictive models, identify organizational trends and insights, to customize a Services experience or create new features and products. Bayesian Health may access Customer Data and Other Information including messages within the mobile application to better understand how Authorized Users use and engage with the Services.
To send emails and other communications. We may send you service, technical and other administrative emails, messages and other types of communications. We may also contact you to inform you about changes in our Services, our Services offerings, and important Services-related notices, such as security and fraud notices. These communications are considered part of the Services and you may not opt out of them. In addition, we sometimes send emails about new product features, promotional communications or other news about Bayesian Health. These are marketing messages so you can control whether you receive them.
For billing, account management and other administrative matters. Bayesian Health may need to contact you for account management and similar reasons and we use account data to administer accounts.
To investigate and help prevent security issues and abuse.

If Information is aggregated or de-identified so it is no longer reasonably associated with an identified or identifiable natural person, Bayesian Health may use it for any business purpose. To the extent Information is associated with an identified or identifiable natural person and is protected as personal data under applicable data protection law, it is referred to in this Privacy Policy as “Personal Data.” However, Protected Health Information is governed by the HIPAA Business Associate Agreement between the Customer and Bayesian Health and not by this Privacy Policy.

Data Retention

Bayesian Health will retain Customer Data in accordance with a Customer’s instructions, including any applicable terms in the Master Services Agreement and Customer’s use of Services functionality, and as required by applicable law. Typically, Bayesian Health will retain Customer Data and Other Information for the duration of a Customer’s subscription term in the Master Services Agreement. Bayesian Health may retain Other Information after you have deactivated your account for the period of time needed for Bayesian Health to pursue legitimate business interests, conduct audits, comply with (and demonstrate compliance with) legal obligations, resolve disputes and enforce our agreements.

How We Share and Disclose Information

This section describes how Bayesian Health may share and disclose Information.

Customer’s Instructions. Bayesian Health will solely share and disclose Customer Data in accordance with the Master Services Agreement, a Customer’s instructions, including any applicable terms in the Master Services Agreement and Customer’s use of Services functionality, and in compliance with applicable law and legal process.
Displaying the Services. When an Authorized User submits Other Information, it may be displayed to other Authorized Users. For example, an Authorized User’s email address or phone number may be displayed with their Implementation profile in order to use the Services, for example to enable rapid communication between the stroke team and the emergency department of a referring hospital in connection with the care of patients.
Customer Access. Owners, administrators, Authorized Users and other Customer representatives and personnel may be able to access, modify or restrict access to Other Information. This may include, for example, your employer using Service features to export logs of Implementation activity, or accessing or modifying your profile details.
Third Party Service Providers and Partners. We may engage third party companies or individuals as service providers or business partners to process Customer Data and Other Information and support our business. These third parties may, for example, provide virtual computing and storage services.
Corporate Affiliates. Bayesian Health may share Customer Data and Other Information with its corporate affiliates and subsidiaries.
During a Change to Bayesian Health’s Business. If Bayesian Health engages in a merger, acquisition, bankruptcy, dissolution, reorganization, sale of some or all of Bayesian Health’s assets or stock, financing, public offering of securities, acquisition of all or a portion of our business, a similar transaction or proceeding, or steps in contemplation of such activities (e.g. due diligence), some or all Customer Data and Other Information may be shared or transferred, subject to standard confidentiality arrangements.
Aggregated or De-identified Data. Subject to the Master Services Agreement, we may disclose or use aggregated or de-identified Customer Data and Other Information for any purpose. For example, we may share aggregated or de-identified Other Information with prospects or partners for business or research purposes, such as telling a prospective Bayesian Health customer the average response time to alerts within a typical Implementation.
To Comply with Laws. If we receive a request for information, we may disclose Customer Data and Other Information if we reasonably believe disclosure is in accordance with or required by any applicable law, regulation or legal process.
To enforce our rights, prevent fraud, and for safety. To protect and defend the rights, property or safety of Bayesian Health or third parties, including enforcing contracts or policies, or in connection with investigating and preventing fraud or security issues.
With Consent. Bayesian Health may share Customer Data and Other Information with third parties when we have consent to do so.

Security

Bayesian Health takes security of data very seriously. Bayesian Health works hard to protect Other Information you provide from loss, misuse, and unauthorized access or disclosure. These steps take into account the sensitivity of the Other Information we collect, process and store, and the current state of technology

Age Limitations

To the extent not prohibited by applicable law, Bayesian Health does not allow use of our Services and Websites by anyone younger than 16 years old. If you learn that anyone younger than 16 has unlawfully provided us with personal data, please contact us and we will take steps to delete such information.

Changes To This Privacy Policy

Bayesian Health may change this Privacy Policy from time to time. Laws, regulations and industry standards evolve, which may make those changes necessary, or we may make changes to our business. We will post the changes to this page and encourage you to review our Privacy Policy to stay informed. If you disagree with the changes to this Privacy Policy, you should deactivate your Services account. Contact the Customer if you wish to request the removal of Personal Data under their control.

Contacting Bayesian Health

Please also feel free to contact Bayesian Health if you have any questions about this Privacy Policy or Bayesian Health’s practices, or if you are seeking to exercise any of your statutory rights. You may contact us at [email protected].