Terms

End-User License Agreement (“Agreement”)

Last Updated: November 12, 2020

Introduction and Eligibility

Please read this End User License Agreement and Terms of Use (“Agreement”) carefully before clicking the “I Agree” button, downloading or using the Biosense device or mobile application. 

This Agreement constitutes a legally binding agreement between you, individually and/or on behalf of any user or entity (“you,” “your, and/or “user”), and Readout, Inc. and its affiliates and subsidiaries (“Readout,” “Biosense,” “we,” “us,” and “our”).

As used in this Agreement, “Application” means Readout’s mybiosense mobile application, along with all Internet services under the control of Readout and/or its business partners that are operated in connection with the Application.

By clicking the “I Agree” button, downloading or using the Application, you are agreeing to be bound by the terms and conditions of this Agreement which governs your use of the Application made available to you by Readout.  If you do not agree to the terms of this Agreement, do not click on the “I Agree” button and do not download or use the Application or Biosense device.

BY INSTALLING OR OTHERWISE ACCESSING OR USING THE APPLICATION OR BIOSENSE DEVICE, YOU AGREE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THIS AGREEMENT. YOU ACCEPT THIS AGREEMENT EACH TIME YOU USE THE DEVICE OR ACCESS THE APPLICATION.  IF YOU DO NOT AGREE, THEN YOU MAY NOT DOWNLOAD OR USE THE APPLICATION.

By installing or otherwise accessing or using the Application, you affirm that you are of legal age to form a binding contract.  If you are a minor, you may not use this Application unless your parent or other legal guardian has read and agrees to this Agreement on your behalf and has granted you permission to use the Biosense device and/or Application.  You further affirm that you are not a person barred from receiving services under the laws of the United States or other applicable jurisdiction and that you have not been previously suspended from or removed as a user of the Application.

Revisions to Terms

Readout reserves the right, at its sole discretion, to modify or replace this Agreement at any time by posting an updated version. You should visit this page periodically to review the most current Agreement. By continuing to access or use our Application or the Biosense device after any revisions become effective, you agree to be bound by the revised terms.  If you do not agree to the new terms, you are no longer authorized to use the Application.

License

The Application is licensed, not sold, to you by Readout.  Subject to your complete and ongoing compliance with this Agreement, Readout grants you a personal. revocable, non-exclusive, non-transferable, limited license to download, install and use the Application on any compatible device that you own or control solely for your personal, non-commercial purposes strictly in accordance with the terms of this Agreement.  Readout reserves all rights not expressly granted to you.

Restrictions
You agree not to, and you will not permit others to:

  • License, sublicense, sell, rent, lease, lend, assign, distribute, transmit, host, outsource, disclose or otherwise commercially exploit the Application or make the Application available to any third party.
  • Copy or use the Application or Biosense device for any purpose other than as permitted under the above section ‘License’.
  • Modify, alter, reproduce, make derivative works of, disassemble, decrypt, decompile, reverse engineer, or attempt to derive the source code of the Biosense device or Application, any updates, or any part or portion thereof (except as and only to the extent any foregoing restriction is prohibited by applicable law.
  • Remove, alter or obscure any proprietary notice (including any notice of copyright or trademark) of Readout or its affiliates, partners, suppliers or licensors of or from the Biosense device or Application, nor attempt to disable or circumvent any security or other technological measure designed to protect the Application or any content available through the Application.
  • Make the Application available over a network where it could be used by multiple devices or users at the same time.
  • Collect or disclose personal information about another person via the Application or obtained from the Application without the consent of that person, or collect information about users of the Application.
  • Use the Application after your account has been terminated or disabled, without our consent.
  • Use the Application in an illegal way or to commit an illegal act in relation to the Application or that otherwise results in fines, penalties, and other liability to Readout or others.
  • Assist or permit any persons in engaging in any of the activities described above or otherwise prohibited under this Agreement.

Use Policies

  • Use of the Application may be subject to separate third party terms of service and fees, including, without limitation, your mobile network operator’s (the “Carrier”) terms of service and fees, including fees charged for data usage and overage, which are solely your responsibility.
  • Readout collects, stores, maintains, and shares information about you in accordance with its Privacy Policy, which is available at www.mybiosense.com/privacy-policy. By accepting this Agreement, you acknowledge that you hereby agree and consent to the terms and conditions of our Privacy Policy.
  • The Application may require access to the following services or resources on your mobile device: applicable device identifier, phone state and identity, location, Bluetooth connection, phone contacts list (if you want to send data to third parties), photo and video libraries, camera, and Internet and data services.
  • You are responsible for maintaining the confidentiality of your log-in credentials and are fully responsible for all activities that occur through the use of your credentials. You agree to notify us immediately if you believe the confidentiality of your log-in credentials has been compromised or if you suspect unauthorized use of your account. You agree that we will not be liable for any loss or damage arising from unauthorized use of your credentials.

Third-Party Services
The Application may display, include or make available third-party content (including data, information, applications and other products services) or provide links to third-party websites or services to facilitate its provision of services to you (“Third-Party Services”).

You acknowledge and agree that Readout shall not be responsible for any Third-Party Services, including their accuracy, completeness, timeliness, validity, copyright compliance, legality, decency, quality or any other aspect thereof. Readout does not assume and shall not have any liability or responsibility to you or any other person or entity for any Third-Party Services.

Third-Party Services and links thereto are provided solely as a convenience to you and you access and use them entirely at your own risk and subject to such third parties’ terms and conditions.  If you use these links, you will leave the Application. Readout is not responsible for and does not endorse any features, content, advertising, products, or other materials on other websites or applications, whether or not Readout is affiliated with any third-party websites. You assume all risk and we disclaim all liability arising from your use of third-party websites or applications

Communications
You consent for Readout to communicate with you through the methods outlined below. You understand that these communications may involve the use and disclosure of your personal information or protected health information (if provided by a HIPPA covered entity) to carry out operations related to the Application and all services under the control of Readout that are operated in connection with the Application. You further understand that you may change your communications preferences with Readout at any time by emailing privacy@readout.com, or mailing a written request to the address below.  You further agree that you are the primary owner of the email address(es) and telephone phone number(s) associated with this Application, and that any such email addresses and telephone numbers are incorporated by reference into this Agreement.

Electronic Notifications:  By accepting this Agreement, you agree that Readout and its agents may communicate with you electronically regarding security, privacy, customer service, administrative issues, features of the Biosense device, your use of the Application, and matters that assist Readout in providing services related to the Application. If we learn of a security system’s breach, we may attempt to notify you electronically by posting a notice via the Application or sending an email to the email address you provided.  We may also send you push notifications for those same purposes through the Application itself.  Readout is not responsible for the timeliness or final delivery of any electronic message, as this is out of our control and is the responsibility of the cellular telephone operator, other networks or internet providers. 

Email:  By accepting this Agreement, you authorize Readout and its affiliates, subsidiaries and agents to deliver or cause to be delivered to the email address you provided marketing and promotional communications.  You are not required to consent to receive such emails as a condition of making any purchase.  You may unsubscribe at any time by clicking on the unsubscribe link in promotional and marketing emails you receive.

Text Messages/Cellular Calls:  By accepting this Agreement, you authorize Readout and its affiliates, subsidiaries and agents to deliver or cause to be delivered to the cell phone number you provided telemarketing, promotional, and marketing calls and text messages using an automatic telephone dialing system or prerecorded or artificial voice, whether or not your cellular telephone number is contained on any Do-Not-Call list.  You are not required to consent to receive such calls or text messages as a condition of making any purchase.  You may unsubscribe at any time to receipt of text messages by texting “STOP” in reply to promotional and marketing texts you receive.  You may unsubscribe at any time to receipt of calls made using an automatic telephone dialing system or using a prerecorded or artificial voice by sending an email to support@mybiosense.com or mailing a written communication to Readout at 2940 Locust St., St. Louis, MO  63103.  While Readout does not charge a fee for text messages or cellular calls, your wireless service carrier may charge standard messaging, data, and other fees. You are responsible for such charges.

Telephone:  You consent for Readout to call your home number, mobile number or other alternative number and leave a message on voicemail in reference to any items that assist Readout in providing services related to the Application, regardless of whether your phone number is on any Do Not Call List.  

Intellectual Property
The Application, including without limitation all content, copyrights, patents, trademarks, trade secrets and other intellectual property rights are, and shall remain, the sole and exclusive property of Readout.

The contents of the Application include, without limitation, all designs, text, graphics, images, video, information, logos, button icons, software, audio files, computer code, and content (collectively, the “Readout Content”). All Readout Content and the compilation (meaning the collection, arrangement, and assembly) of all Readout Content are the property of Readout or its licensors and are protected under copyright, trademark, and other laws.

You may not download, copy, reproduce, republish, upload, post, transmit, or distribute material made available on or through the Application in any way without written permission of the copyright owner.

You understand and agree that you will not obtain, through use of the Application, any right, title, or interest (including intellectual property rights) in the Application or any content delivered via the Application.

Suggestions and Submissions
We appreciate hearing from our users and welcome your feedback, comments, ideas, improvements or suggestions (collectively, “Suggestions”) with respect to the Application.  Please be advised that all Suggestions, including but not limited to creative ideas, inventions, or materials you provide to Readout, shall become the sole and exclusive property of Readout; and Readout shall be free to use, copy, modify, publish, redistribute, and otherwise exploit the Suggestions, and any derivatives thereof, for any purpose and in any way without any credit or any compensation to you, throughout the world, in perpetuity.

No Warranties

The Application is provided to you “AS IS” and “AS AVAILABLE” and with all faults and defects without warranty of any kind. To the maximum extent permitted under applicable law, Readout, on its own behalf and on behalf of its affiliates and its and their respective licensors and service providers, expressly disclaims all warranties, whether express, implied, statutory or otherwise, with respect to the Application, including all implied warranties of merchantability, fitness for a particular purpose, title and non-infringement, and warranties that may arise out of course of dealing, course of performance, usage or trade practice. Without limitation to the foregoing, Readout provides no warranty or undertaking, and makes no representation of any kind that the Application will meet your requirements, achieve any intended results, be compatible or work with any other software, applications, systems or services, operate without interruption, meet any performance or reliability standards or be error free or that any errors or defects can or will be corrected.

Without limiting the foregoing, neither Readout nor any of Readout’s providers makes any representation or warranty of any kind, express or implied: (i) as to the operation or availability of the Application, or the information, content, and materials or products included thereon, including the Biosense device; (ii) that the Application will be uninterrupted or error-free; (iii) as to the accuracy, reliability, or currency of any information or content provided through the Application; or (iv) that the Application, its servers, the content, or e-mails sent from or on behalf of Readout are free of viruses, scripts, trojan horses, worms, malware, timebombs or other harmful components.

Some jurisdictions do not allow the exclusion of or limitations on implied warranties or the limitations on the applicable statutory rights of a consumer, so some or all of the above exclusions and limitations may not apply to you.

Medical Information Disclaimer
The Application and Biosense device are for informational purposes only.  Readout is not providing medical advice through the Biosense device or this Application.  The Application and Biosense device are in no way meant to be a substitute for medical treatment and may not be construed as medical advice, diagnosis, or treatment. Nothing contained in the Application is intended to replace the services of a licensed, trained physician or health professional or to be a substitute for medical advice of a physician or trained health professional licensed in your jurisdiction. No action or inaction should be taken based solely on the information made available through the Application or Biosense device. You should consult with your physician or other appropriate health professionals on any matter relating to your health and well-being.  You should never delay seeking medical advice, disregard medical advice, or discontinue medical treatment because of information provided in the Application.

Limitation of Liability
Notwithstanding any damages that you might incur, the entire liability of Readout and any of its suppliers under any provision of this Agreement and your exclusive remedy for all of the foregoing shall be limited to the amount actually paid by you for the Biosense device and any amount paid by you for the mybiosense mobile application.

To the maximum extent permitted by applicable law, in no event shall Readout or its suppliers be liable for any special, incidental, indirect, or consequential damages whatsoever (including, but not limited to, damages for loss of profits, for loss of data or other information, for business interruption, for personal injury, for loss of privacy arising out of or in any way related to the use of or inability to use the Application, third-party software and/or third-party hardware used with the Application, or otherwise in connection with any provision of this Agreement), even if Readout or any supplier has been advised of the possibility of such damages and even if the remedy fails of its essential purpose.

Some states/jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you.

Modifications to Application
Readout reserves the right to modify, suspend or discontinue, temporarily or permanently, the Application or any service to which it connects, with or without notice and without liability to you.

Updates to Application 

Readout may from time to time provide enhancements or improvements to the features/functionality of the Application, which may include patches, bug fixes, updates, upgrades and other modifications (“Updates”).

Updates may modify or delete certain features and/or functionalities of the Application. You agree that Readout has no obligation to (i) provide any Updates, or (ii) continue to provide or enable any particular features and/or functionalities of the Application to you.

You further agree that all Updates will be (i) deemed to constitute an integral part of the Application, and (ii) subject to the terms and conditions of this Agreement.

Indemnification

You agree to defend, indemnify, and hold harmless Readout and its parents, subsidiaries, affiliates, officers, employees, agents, service providers, partners and licensors (if any) from and against any claims, actions, or demands, including without limitation reasonable legal and accounting fees, alleging or arising from (i) your access, use, or misuse of the Application or Biosense device; (ii) your use of or reliance on any third-party content, (iii) your use of or reliance on any Readout content, (iv) violation of this Agreement or any law or regulation; (v) disputes with other users or third parties; or (vi) violation of any right of a third party. Readout will use reasonable efforts to notify you of any claim, action, or proceeding for which it seeks an indemnification from you upon becoming aware of it, but if Readout is unable to communicate with you in a timely manner because of an inactive e-mail or physical address or telephone number for you, your indemnification obligation will continue notwithstanding Readout’s inability to contact you in a timely manner.

Governing Law, Arbitration, Class Waiver, and Waiver of Jury Trial
This Agreement and the relationship between you and Readout is governed by the laws of the state of Missouri without regard to its conflict of law provisions that would result in the application of the laws of another jurisdiction. You and Readout agree to submit to the personal and exclusive arbitration of any disputes relating to your use of the Biosense device or Application under the rules of the American Arbitration Association. Any arbitration between you and Readout, to the extent necessary, will be conducted in St. Louis, Missouri and you waive any right to claim that the location is an inconvenient forum. You covenant not to sue Readout in any other forum.

You also acknowledge and understand that, with respect to any dispute with the Released Parties arising out of or relating to your use of the Biosense device or Application or this Agreement:

  • YOU ARE GIVING UP YOUR RIGHT TO HAVE A TRIAL BY JURY;
  • YOU ARE GIVING UP YOUR RIGHT TO SERVE AS A REPRESENTATIVE, AS A PRIVATE ATTORNEY GENERAL, OR IN ANY OTHER REPRESENTATIVE CAPACITY, OR TO PARTICIPATE AS A MEMBER OF A CLASS OF CLAIMANTS, IN ANY LAWSUIT INVOLVING ANY DISPUTE; AND
  • YOU MUST FILE ANY CLAIM WITHIN ONE YEAR AFTER THAT CLAIM AROSE OR IT IS FOREVER BARRED.

Only if this arbitration provision is deemed to be null and void, then all disputes arising between you and Readout under this Agreement will be subject to the exclusive jurisdiction of the state and federal courts located in St. Louis, Missouri, and you and Readout hereby submit to the personal jurisdiction and venue of these courts.

Export Compliance
You may not export or re-export the Application except as authorized by United States law and the laws of the jurisdiction in which the Application was obtained.

In particular, but without limitation, the Application may not be exported or re-exported (a) into or to a nation or a resident of any U.S. embargoed countries or (b) to anyone on the U.S. Treasury Department’s list of Specially Designated Nationals or the U.S. Department of Commerce Denied Person’s List or Entity List.

By installing or using any component of the Application, you represent and warrant that you are not located in, under control of, or a national or resident of any such country or on any such list.

For U.S. Government End Users
The Application and related documentation are “Commercial Items”, as that term is defined under 48 C.F.R. §2.101, consisting of “Commercial Computer Software” and “Commercial Computer Software Documentation”, as such terms are used under 48 C.F.R. §12.212 or 48 C.F.R. §227.7202, as applicable. In accordance with 48 C.F.R. §12.212 or 48 C.F.R. §227.7202-1 through 227.7202-4, as applicable, the Commercial Computer Software and Commercial Computer Software Documentation are being licensed to U.S. Government end users (a) only as Commercial Items and (b) with only those rights as are granted to all other end users pursuant to the terms and conditions herein.

Severability
If any provision of this Agreement is held to be unenforceable or invalid, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law and the remaining provisions will continue in full force and effect.

Waiver
Except as provided herein, the failure to exercise a right or to require performance of an obligation under this Agreement shall not effect a party’s ability to exercise such right or require such performance at any time thereafter nor shall be the waiver of a breach constitute waiver of any subsequent breach.

Term and Termination
This Agreement shall remain in effect until terminated by you or Readout.

Readout may, in its sole discretion, at any time and for any or no reason, suspend or terminate this Agreement with or without prior notice. This Agreement will terminate immediately, without prior notice from Readout, in the event that you fail to comply with any provision of this Agreement. You may also terminate this Agreement by deleting the Application and all copies thereof from your mobile device or from your computer. Upon termination of this Agreement, you shall cease all use of the Application and delete all copies of the Application from your mobile device or from your computer.

Termination of this Agreement will not limit any of Readout’s rights or remedies at law or in equity in case of breach by you (during the term of this Agreement) of any of your obligations under the present Agreement.

Contact Information
If you have any questions about this Agreement, please contact us at:

Address: 2940 Locust St., St. Louis, MO  63103

Email: support@mybiosense.com

Entire Agreement

This Agreement constitutes the entire agreement between you and Readout regarding your use of the Biosense device and Application and supersedes all prior and contemporaneous written or oral agreements between you and Readout.

You may be subject to additional terms and conditions that apply when you use or purchase other Readout services, which Readout will provide to you at the time of such use or purchase.

Our Policy

Readout, Inc. (“Readout”, “Company,” “we,” or “us”) respects the privacy of our users. This Privacy Policy (“Policy”) below is created to inform you as to what information we collect, use, and disclose in connection with our website, mobile application, and BIOSENSE device (collectively, the “Services”).  Please check this policy periodically for any changes.

 

BY USING THIS SITE, YOU APPROVE AND AGREE TO EACH OF THE TERMS AND PRACTICES DESCRIBED IN OUR POLICY.

 

The personal and other information that we collect from and about users/visitors/customers is controlled by Readout, which is headquartered in St. Louis, Missouri. As described in the section below, entitled “Information for Users from Outside the United States,” the information that we collect through or in connection with the Services may be transferred to and processed in the United States.

 

Collection of personal and other information

As more specifically set forth below, Readout collects “personal information” and “other information” about users, including information you provide, automatically collected information, and information from other sources. For purposes of this Policy, “other information” is information that the Company cannot directly associate with a specific person without the aid of additional information. By contrast, “personal information,” is information such as a name or email address that the Company can directly associate with a specific person or entity without additional information. When we combine other information with personal information, we treat all of the combined information as personal information.

 

In this Policy, “information you provide” refers to information you enter on our website or give to us in any other way.  “Automatically collected information” refers to information we receive and store when you use our Services or when you interact with us, such as through our use of cookies and Flash cookies (see below). “Information from other sources” includes information we may receive from third parties, including third parties with whom we may partner or share information.

 

Readout gathers the following types of information:

 

Personal information

You can visit the website without submitting any personal information. However, if you use certain features on the website or the Services, we will automatically collect some personal information and you can submit additional personal information. The general categories of personal information we collect are personal identifiers, demographic information, commercial information, biometric information, health information, internet or other electronic network activity information, geolocation data, electronic, visual and similar information, professional or employment related information, information recorded on your device, and inferences drawn from any personal data collected. Such information could include, for example, your name, email address, physical address, precise geolocation data, payment information and other financial data, telephone number, gender, height, weight, date of birth, ketones, meal and exercise tracking, nutritional ketosis data, physiological parameters in connection with some Services, and optional chronic disease information. Our online contact form also contains a “comments” field through which you may submit additional personal information.

 

We may also receive personal information from other sources such as your social media, other Readout or third party applications you may use in conjunction with our Services, and other third-party account providers if you log into our Services using your social media account or link your social media or other account to the Services. In those circumstances, we may receive information from the third party, such as your email, username, and certain other information.

 

We may combine personal information collected through the Services with other information that we or third parties collect about you in other contexts—such as our communications with you via email, and information collected by our third party partners. We will treat such combined information as personal information and protect it in accordance with this Policy.

 

We also may collect additional information from publicly available sources.

 

Other information

We also collect other information through the Services. Such information may be collected passively using various technologies, or via submission of data by devices configured to work with the Services. We may use such information to track, for example, your usage of the mobile application and BIOSENSETM device. Other information also may be collected in the following ways:

 

Log data

When you use the Services, we automatically receive and record certain information from your computer, mobile phone, or other devices. This may include data such as your IP address and domain name, the pages you visit or the features you use within the Services, the date and time of your activities on the Services, the files that you download, the URLs from the websites you visit before and after navigating to the Services, your software and hardware attributes (including operating system type and version, app version, device type, and device IDs), your browser type and version, your general geographic location (e.g., your city, state, or metropolitan region), and certain cookie information (see below). To obtain such information, we may use web logs or applications that recognize your computer or device and gather information about its online activity.

 

Cookies

In providing the Services, we may use cookies. Cookies are small files that are stored on your computer or device by your web browser. Our cookies help provide additional functionality to the Services and help us analyze usage of the Services more accurately. For example, cookies can be used to collect information about your use of the Services during your current session and over time (including the pages you view and the files you download), the operating system and browser type of your computer or other device, your Internet service provider, your domain name and IP address, your general geographic location, the website that you visited before the Services, and the link you used to leave the Services. In addition to the cookies used by Readout, we may permit third parties to set cookies, as well (see below). If you are concerned about having cookies on your computer, you can set your browser to refuse all cookies or to indicate when a cookie is being set, allowing you to decide whether to accept it. You can also delete cookies from your computer. However, if you choose to block or delete cookies, certain features of the Services may not operate correctly.

 

We may also use browser data such as Flash cookies (also known as Flash Local Shared Objects), or similar data on certain parts of our Website for fraud prevention or other purposes. During some visits, we may use software tools such as JavaScript to measure and collect session data, including for example, page response times, download errors, page interaction information, and methods used to browse away from the page.

 

Web beacons

The Services or the emails that you receive from us may use an application known as a “web beacon” (also known as a “clear gif” or “pixel tag”). A web beacon is an electronic file that usually consists of a single-pixel image. It can be embedded in a web page or in an email to transmit information, which could include personal information. For example, it allows an email sender to determine whether a user has opened a particular email.

 

Third-party online tracking and interest-based advertising

We also may partner with certain third parties to collect, analyze, and use some of the information described in this section. For example, we may allow third parties to set cookies or use web beacons on the website or in email communications from us. This information may be used for a variety of purposes, including online interest-based advertising, as discussed below (see the section entitled “Third-party analytics and interest-based advertising”).

 

How we use the personal and other information we collect

Readout uses the information that we collect for a variety of purposes. If we have personal information about you, we may use it, for example, to respond to your questions or requests concerning the Services offered by us or our partners; to fulfill the terms of any agreement you have with us; to fulfill your requests for our Services or otherwise complete a transaction that you initiate; to send you information about the Services and other topics that are likely to be of interest to you, including newsletters, updates, or other communications; to deliver confirmations, account information, notifications, and similar operational communications; to improve your user experience and the quality of our products and services; to comply with legal and/or regulatory requirements; and to manage our business.

 

We also may use the information we collect to monetize or add predictive analytics, such as to identify trends, measure performance of our Services, to develop and market additional products and applications, including potential health research, products and applications.

 

We use the non-personal information that we collect for such purposes as: counting and recognizing users of the Services; analyzing how the Services are used; improving the Services and enhancing users’ experiences with the Services; creating new products and services or improving our existing products and services; enabling additional website analytics and research concerning the Services; and managing our business. Readout may link information gathered using cookies, Flash cookies and web beacons with personal information. But in that event, we will treat the combined information as personal information.

 

We also may use the personal and other information that we collect to send you marketing emails and promotional communications, including emails about the products and services offered by us or our partners. To opt-out of these communications, see “Choices and Access to Information” below.

 

How we share personal and other information with third parties

We share your personal information and other information with other parties for a variety of purposes, as described below.

 

Affiliates and business partners

We may share personal and other information with our corporate affiliates and business partners for the purposes described in this Policy.

 

Third-party service providers

Readout uses third-party service providers to help us measure the performance, manage and improve the Services, and to develop additional products and services. These service providers may collect and/or use your personal or other information to assist us in achieving the purposes discussed above in the section entitled “How we use the personal and other information that we collect.” For example, we use third parties to help us target and implement our email communications, host our website, collect payment for our products, and manage our information system. We also use third-party platforms to help us manage our relationships with the people and companies that use our services.

 

We may share your personal or other information with other third parties when necessary to fulfill your requests for services; to complete a transaction that you initiate; to meet the terms of any agreement that you have with us or our partners; or to manage our business.  We also may share your personal information with our mobile application partners, such as nutritional applications, for example, to expand our Services or to develop additional products and applications, including potential health research, products and applications. 

 

Your direct sharing of personal information through third-party websites and services

The Services may enable you to directly share personal information with websites or services operated by third parties. For example, the website contains links to third-party websites that incorporate comment and social media features. The website also contains a Facebook “like” button and a Twitter “follow” button. If you choose to use these features, you may disclose your personal information not just to those third-party websites and services, but also to their users and the public more generally. Because these third-party websites and services are not operated by us, we are not responsible for the content or practices of those websites or services. The collection, use, and disclosure of your personal and other information will be subject to the privacy policies of the third-party websites or services, and not this Policy.

 

Please note that any information and material you post or disclose on message boards, forums, online chat programs, profile pages, and blogs will become public information and may be available to users and to the general public. We urge you to be very careful when deciding to disclose your personal information, or any other information, online.

 

Surveys

We may ask you to participate in surveys (processed by us or third parties) that help us understand your use of the Services. Any personal or other information provided to Readout (or supplied by you or Readout to such third-party survey providers) in connection with these surveys will only be used in relation to that survey and as stated in this Policy.

 

Third-party plug-ins

The Services integrate certain third-party plug-ins (such as a Facebook “like” button). Even if you do not click on these plug-ins, they may collect information about you, such as your IP address and the pages that you view. They also may set and/or access a cookie. These plug-ins are governed by the privacy policy of the company providing them.

 

Legal purposes

We also may use or share your personal or other information with third parties when we believe, in our sole discretion, that doing so is necessary:

 

  • to comply with applicable law or a court order, subpoena, or other legal process;
  • to investigate, prevent, or take action regarding illegal activities, suspected fraud, violations of our terms and conditions, or situations involving threats to our property or the property or physical safety of any person or third party;
  • to establish, protect, or exercise our legal rights or defend against legal claims; or
  • to facilitate the financing, securitization, insuring, sale, assignment, bankruptcy, or other disposal of all or part of our business or assets.

 

Aggregated information

From time to time, we may also share anonymized and aggregated information about users, such as by publishing a report on trends in the usage of the Services, for the development of predictive analytics, measurements, new products and applications, or for purposes of health research. 

 

 

Third-party analytics and interest-based advertising

 

Analytics

We partner with certain third parties to collect information for the purpose of engaging in analysis, auditing, research, and reporting on the Services and to understand the effectiveness of our advertising and email marketing. These third parties may use web logs or web beacons, and they may set and access cookies, Flash cookies or use similar tracking technologies on your computer or other device. Among other providers, the Services use Google Analytics to help collect and analyze certain information for the purposes discussed above. You may opt out of the use of cookies by Google Analytics here.

 

Online interest-based advertising

The Services also enable third parties to collect information through cookies, web beacons, and device identifiers, such as IDFA or Advertising ID, for use in online interest-based advertising. For example, third parties may use the fact that you visited our website or used our app to target online ads for Readout to you on non-Readout websites or mobile apps. In addition, we or our third-party advertising networks might use information about your use of the Services to help target non-Readout advertisements to you on unaffiliated websites or mobile apps based on your online activity in general. For information about behavioral advertising practices, including privacy and confidentiality, visit the Network Advertising Initiative website or the Digital Advertising Alliance website.

 

We and our third-party providers may use collected information to establish connections among related web browsers and devices (such as smartphones, tablets, and computers) for advertising, analytics, attribution, and reporting purposes. We may match your browsers or devices if you log into the same online service on multiple devices or if your devices share similar attributes that support an inference that they are used by the same person or household. This means that information about your activity on websites or apps on your current browser or device may be combined and used with information collected from your other browsers or devices. For example, we or our third-party providers may use this information to deliver the same ad on multiple devices, to limit the number of times you see an ad across your devices, and to help measure the effectiveness of advertising campaigns across devices.

 

You may opt out of our third-party service providers’ interest-based advertising practices and cross-device technologies in web browsers and mobile apps by following the instructions below. Please note that the opt-out will apply only to the specific browser or device from which you opt out, and therefore you will need to opt out separately on all of your browsers and devices. If you delete or reset your cookies or mobile identifiers, change browsers, or use a different device, any opt-out cookie or tool may no longer work and you will have to opt out again.

 

Web Browser Opt-Out. To opt out in web browsers, please visit:

 

  • Network Advertising Initiative Consumer Opt-Out Page at www.networkadvertising.org/choices 
  • Digital Advertising Alliance Consumer Choice page at www.aboutads.info/choices
  • Digital Advertising Alliance of Canada Consumer Choice page at www.youradchoices.ca/choices 
  • European Interactive Digital Advertising Alliance Choice page at www.youronlinechoices.eu
  • Mobile Application Opt-Out. To opt out in mobile apps, please download and follow the instructions provided in the Digital Advertising Alliance’s AppChoices tool at www.aboutads.info/appchoices. In addition, some mobile operating systems allow you to opt out by adjusting the advertising preferences on your mobile device. For example:
    • In iOS, visit Settings > Privacy > Advertising > Limit Ad Tracking.
    • In Android, visit Settings > Google > Ads > Opt out of interest-based ads.

 

The use of online tracking mechanisms by third parties is subject to those third parties’ own privacy policies, and not this Policy. If you prefer to prevent third parties from setting and accessing cookies on your computer or other device, you also may set your browser to block cookies. Our website currently uses the WorldPress DoNotTrack plug-in which will respond to “do not track” browser headers, you can also limit tracking through these third-party programs by taking the steps discussed above.

 

Security

Readout uses commercially reasonable physical, electronic, and procedural safeguards to protect your personal information against loss or unauthorized access, use, modification, or deletion. However, no security program is foolproof, and thus we cannot guarantee the absolute security of your personal or other information.

 

California Residents

If you are a California resident, you have certain rights under the California Consumer Protection Act (CCPA), as follows:

  • Right to Access:  You have the right to ask us to send you the following information up to two times within a twelve-month period:
    • the categories of personal data we have collected about you;
    • the categories of sources from which we collected the personal data;
    • our business or commercial purpose for collecting personal data;
    • the categories of third parties with whom we share personal data;
    • the categories of personal data we disclose about you for business purposes;
    • the categories of personal data we sell or exchange for consideration about you;
    • the specific pieces of personal information we have collected about you.

 

  • Right to Delete:  You have the right to ask us to delete the personal data about you we have collected.  We may deny the request if the information is necessary to:
    • complete a transaction, including providing a requested or reasonably anticipated good or service, to or fulfill a contract between the consumer and Readout;
    • detect and protect against security incidents, malicious, deceptive, fraudulent, or illegal activity, or to take against those responsible for such activity;
    • debug to identify and repair errors impairing intended functionality;
    • exercise free speech or another right provided for by law;
    • comply with the California Electronic Communications Privacy Act;
    • engage in research in the public interest adhering to applicable ethics and privacy laws where the consumer has provided informed consent;
    • enable solely internal uses reasonably aligned with the consumer’s expectations based on the consumer’s relationship with Readout;
    • comply with a legal obligation; 
    • otherwise use the information internally in a lawful manner compatible with the context in which the consumer provided the information.

 

  • Right to Opt-out of the sale of personal information:  If a business sells personal information to third parties, California consumers have the right, at any time, to opt out of the sale or disclosure of their personal information to third parties.  To opt out of the sale of your personal information to third parties, please contact us support@mybiosense.com.

 

  • Right to Designate an authorized agent:  You have the right to designate an authorized agent to make a request under the CCPA on your behalf.  To designate an authorized agent, please contact us at support@mybiosense.com.

 

  • Right to non-discrimination:  The CCPA grants California consumers the right not to be discriminated against for exercising your privacy rights.  If you exercise your privacy rights, we will not discriminate against you, for example, by denying you access to our online services or charging you different rates or prices for the same services, unless that difference is reasonably related to the value provided by your data.

 

If you are a California resident and you want to submit a request or inquiry to us regarding your rights under the CCPA, you or your authorized agent can contact us at support@mybiosense.com.  You do not have to create an account with us to submit a request.  Your request will be confirmed within ten (10) days of receipt and we will respond within forty-five (45) days.  If we need more than forty-five (45) days, we will notify you that your request is being delayed.

 

We can only respond to a request that is verifiable.  This means we are obligated to take reasonable steps to verify your identity or your authorized agent’s authority and your right to access the information you request.  We may ask for additional information that will help us to do so.  We will only use that additional information in the verification process, and not for any other purpose.

 

We do not charge a fee to process or respond to your verifiable consumer request unless it is excessive, repetitive, or manifestly unfounded.  If we determine that your request warrants a fee, we will tell you why we made that decision and provide you with a cost estimate before completing your request.

 

This same California law permits us to provide you, in response to your written request, with a cost-free means to choose not to have your information shared rather than providing the above described information. To that end, you may request that we do not disclose your personal information to unaffiliated third parties for their own direct marketing purposes by contacting us by email at support@mybiosense.com.

 

If you are a California resident under 18 years of age and a registered user of our Services, you may request that we remove content and information that you post on our Services. To obtain removal of such content and information, please send us an email at support@mybiosense.com with a short description of the content or information you would like to have removed. Please note that such a request does not necessarily ensure complete or comprehensive removal of content posted by you, since the content and information may remain in our databases, may remain visible in a manner that does not identify you, or may have been re-posted by another user.

 

Choices and Access to Information

If you no longer wish to receive marketing communications from Readout, please follow the “unsubscribe” instructions that are included at the bottom of each message or email us at support@mybiosense.com. We may still send you certain communications relating to the Services you use, such as service announcements and administrative messages.

 

You have the right and ability to edit certain account information on our Services at any time by logging into your account using the mobile application. Users may also have additional rights to access, review, correct, delete, or inquire about information that we hold about them. To make such a request, please send us an email at support@mybiosense.com. Please note that we may need to verify your identity or request additional information from you before we are able to comply with your request.

 

Data Retention and Deletion

We retain information for as long as reasonably necessary to deliver our Services to you or to fulfill the purposes described in this Policy, or as required by law. To request the deletion of your personal information, please send us an email at support@mybiosense.com. We will make our best effort to delete all personal information about you. However, please note that certain information, including other information, may be retained in backup databases or for analytic purposes.

 

Information for Site users from outside the United States

The personal and other information that we collect through or in connection with the Services is transferred to and processed in the United States for the purposes described above. We also may subcontract the processing of your data to, or otherwise share your data with, affiliates or third parties in the United States or countries other than your country of residence. The data-protection laws in these countries may be different from, and less stringent than, those in your country of residence. By using the Services or by providing any personal or other information to us, you expressly consent to such transfer and processing.

 

  • GDPR:  If you are a consumer within the European Economic Area and your personal data is covered by the General Data Privacy Regulation (GDPR), you have the following rights:
  • The right to request access to the personal data that Readout has about you;
  • The right to rectify or correct any personal data that is inaccurate or incomplete;
  • The right to request a copy of your personal data in electronic format so that you can transmit the data to third parties, or to request that Readout directly transfer your personal data to one or more third parties;
  • The right to object to the processing of your personal data for marketing and other purposes;
  • The right not to be subject to a decision based solely on automated processing, including profiling, which produces legal effects concerning you or similarly affects you;
  • The right to erasure of your personal data when it is no longer needed for the purposes for which you provided it, as well as the right to restriction of processing of your personal data to certain limited purposes when erasure is not possible.

 

To exercise any right under the GDPR, please send us an email at gdpr@mybiosense.com

 

  • Canada:  Residents in Canada have the following privacy and access choices available:
  • Cookies and Similar Technologies. You may block cookies and similar technologies in your browser or device settings, as and if permitted by such device.
  • Interest  Based Advertising. You may opt out of receiving targeted advertising from participating ad networks, audience segment providers, ad serving vendors, and other service providers.
  • Manage Your Account. You may access, modify or delete your account on the settings or profile page, or by submitting your written request to support@mybiosense.com.  We may ask that you confirm and verify your identity.
  • Data Access. Subject to applicable law, you may also have a right to access, update, and correct inaccuracies in other personal information in our custody and control, subject to certain exceptions prescribed by law. You may request access, updating and corrections of inaccuracies in the personal information we have in our custody or control by emailing us at support@mybiosense.com. We may request certain personal information for the purposes of verifying the identity of the individual seeking access to their personal information records.
  • Promotions and Marketing. You may opt out of receiving commercial email, text message, auto-dialed calls, and other electronic messages from us (excluding transactional messages) by following the instructions contained in those messages.

 

Children’s Privacy

The Services are not directed to children under the age of 13, and Readout does not knowingly collect personal information from anyone who is under the age of 13. We recommend that persons over 13 but under 18 years of age ask their parents for permission before using the Services or sending any information about themselves to anyone over the Internet.

 

Links to Other Websites or Services

The Services may contain links to and from the websites or apps of other third parties. If you follow a link to any of these websites or apps, please note that these websites and apps, and any services that may be accessible through them, have their own privacy policies. A link to any third-party site does not imply that we endorse or accept any responsibility for the content or use of such site. We encourage our users to be aware when they leave the Services and to read the privacy policies applicable to such third-party websites and apps. This Privacy Policy applies only to information collected in connection with the Services.

 

Changes to this Policy

Our Services may change from time to time. As a result, we may need to change this Privacy Policy. We reserve the right to update or modify this Privacy Policy at any time and without prior notice. We will post any revised Privacy Policy on our website with an “effective date” indicating when the changes will take effect. We encourage you to review this Privacy Policy periodically.

 

Questions or comments

If you have any questions or comments regarding our Policy, please feel free to contact us at any time at support@mybiosense.com

Revised: November 12, 2020

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