Privacy Policy

Overview

KEEP Labs Inc. is a corporation, formed under the laws of the Province of Ontario (“KEEP”, “we”, “our” or “us”).  Any inquiries related to this Privacy Policy (the “Privacy Policy”) can be directed to privacy@keeplabs.com.  For the purposes of the General Data Protection Regulation (“GDPR”), we are the data controller.

This Privacy Policy applies to each of our products and services, including, without limitation, any device, software, applications, additions, content, uploaded information, downloaded information and other services (each, a “Service” and collectively, the “Services”), provided or made available by us through our websites or mobile applications (each, a “KEEP Site” and collectively, the “KEEP Sites”) or any KEEP device (each, a “KEEP Device” and collectively, the “KEEP Devices”).

The Privacy Policy establishes how your personal information or information about how you use the Services that we collect from you or from your use of the Services, KEEP Sites or KEEP Devices will be collected, retrieved, accesses, used, disclosed, stored or disposed of.  Notwithstanding the foregoing, we will always act, and the Services shall always be in compliance with applicable laws, including (as applicable), the Canada Consumer Privacy Protection Act, California Consumer Privacy Act and the GDPR.

Notwithstanding the forgoing, and except as otherwise set forth herein, this Privacy Policy does not apply to any information or data collected by any third party that occurs outside of your use of the KEEP Sites or our Services and does not govern the practices of any third parties that may interact with our KEEP Sites or our Services.

By using our Services, you acknowledge that you have read and understood our Privacy Policy and our Terms of Use and Conditions and accept our collection, retrieval, access, use, disclosure, storage or disposal of your information and data, and the other activities set forth herein.  If you do not agree to the terms of this Privacy Policy, please do not use any of our Services.

Please review the Terms of Use and Conditions, which governs your use of the Services, KEEP Sites and KEEP devices.

Personal Information

Collection of Information

In order to create and operate your account, communicate and respond to you (including, without limitation, to communicate with respect to the Services or respond to your inquiries), or communicate with other stakeholders involved in your care, such as, but not limited to providers of patient support programs and HUB services, pharmacies, distributors, caregivers and other healthcare providers (each, a “Provider” and collectively, “Providers”) (where permitted), we need to collect your information, including personal information.

For the purposes of this Privacy Policy, “personally identifiable information” or “personal information” means any information by which you, individually, can be identified, any characteristic that uniquely identifies you, or that you provide us, directly or indirectly, through your use of our Services or which you authorize third parties to provide through any of our Services, including our KEEP Site and any of the KEEP devices that connect with any of our Services, including some or all of the following: first name and last, date of birth, gender, e-mail address, user name, password, address, phone number(s), internet protocol (IP) address, photographic images, health and medical information and geo-location of your device.

Health Information

In addition to the above, in order to provide certain Services, we will collect your health information and you may need to transfer certain health information to us.  We will also receive and transmit information provided by KEEP Devices that connect with our Services.  Your Provider may give us information about you, including, without limitation, the following:

• Personal Information – First and last name, date of birth and home address
• Health Information – Your medical diagnoses, medications you take, prescription related information, the number of refills you have made, dosage related information, information related to your health insurance, such as claims data and your doctor’s name

Use of Personal Information

Personal Information Needed to Properly Provide Services

In order for us to be able to perform or for you to operate the applicable Service as intended, we will need to use or process your personal information to:

• verify your identity;
• properly provide the Service, including, without limitation:
  • recording the actions you take in using the Service and potentially contacting you with regard to such use, including, without limitation, to monitor medication utilization in the home;
  • customizing how you use the Service;
  • sending information to third parties (if applicable), including, without limitation, any Providers,
  • communicating with you or providing you with promotional or marketing materials on behalf of us or third parties (such as letting you know about new products or services), such as advertisements we deem to be relevant for you or informing you of new or additional features, opportunities, products and services,
  • detecting or preventing any fraudulent or other illegal activities, and
  • managing, protecting and servicing our IT systems,
• help us improve the Service, including, without limitation, changing or updating the functions, layout or structure of the Service in order to improve the experience and efficiency of the same and developing new products and services;
• provide customer support, including to resolve disputes, and troubleshoot problems;
• make any changes to the Service and/or Service’s policies (in each case, in our sole and absolute discretion);
• comply with applicable laws and regulations;
• any other purpose disclosed at the time you provide your information or as otherwise set forth in this Privacy Policy.

Marketing and Promotions

If you choose to receive marketing or promotional communications from us or any third parties, based on your preferences and behaviour, we may provide you with marketing or promotional materials or communications via email, phone or any of the Services (including, without limitation, a KEEP Site or mobile application).  We will need to process, use and analyze your personal information in order to send you such communications or materials that are specific to your preferences and behaviour.

Use of Anonymized Information and Aggregated Information

In accordance with applicable laws, we may de-identify and aggregate your personal information.  Any such de-identified, aggregated or combined information will not contain any information that could be used to contact or identify you.  We may analyze and/or combine all information we receive related to your health and information regarding your use of the Service, with information from other users to create aggregated data that may be disclosed to and utilized by us, our partners and by third parties without restriction, on commercial terms that we can determine in our sole discretion, for purposes such as: content marketing, research purposes, in order to understand behavior patterns, in order to increase adherence to medication regimens, marketing strategies and for entering into commercial contracts in order to provide our users with the Services.

Cookies

What are cookies?

We use cookies and similar technologies to collect information about your use of our Services and to improve the quality of your experience. A cookie is a text file that websites send to a visitor’s computer or other Internet-connected device to uniquely identify the visitor’s browser or to store information or settings in the browser.

What information is obtained through cookies?

We obtain information through cookies and other similar technologies, such information includes, without limitation, the IP address of your device, identifying information associated with your device, type of device connected to the Services, web browser characteristics, device characteristics, language preferences, referring/exit pages, clickstream data, and dates and times of visits to the Services.

What cookies are used?

Below is a description of the cookies that we use in our Services.

• Essential Cookies – These cookies are necessary to navigate our Services and use the functions associated therewith and thus cannot be disabled. These cookies help us collect certain information, such as your session ID and other server information, which enables us to provide services such as authenticating users through security features like Two-Step Verification. Essential Cookies will remain on your browser until you remove them, which may impact your ability to navigate our Services and use their functions.

• Functional Cookies – We use functional cookies to remember your choices so we can tailor our Services to provide you with enhanced features and personalized content. For example, these cookies can be used to remember your name or preferences on our Services. We do not use functional cookies to target you with online marketing. While these cookies can be disabled, this may result in less functionality during your use of our Services.

• Analytic Cookies – We use analytics cookies to understand how users navigate and use our Services. For example, these cookies collect information on the pages they view, how long they stay on a page and whether the page is displayed correctly or whether errors occur. Such cookies help us to improve the performance of our Services in various ways, such as: refining our Services based on how customers use them, optimizing the pages and features customers use the most and testing different versions of pages and features to find the best solutions for customers

• Advertising Cookies – We use advertising cookies to serve certain types of marketing and promotional materials, including for products and services not available through KEEP and for certain advertisements relevant to your interests.  Advertising cookies may collect information on whether a user has reacted to marketing or promotional materials or visited another website or application. Such cookies help us offer you content and provide targeted information that seems more relevant to your interests. They also help us measure the effectiveness of marketing or promotional materials and control and limit the frequency of advertisements and other information being displayed to you.

In some circumstances, we work with third parties to provide certain services to our users. These third parties use cookies to collect information on our Services, including via plug-ins and widgets. We use third-party cookies to serve you relevant advertisements for products and services.

What are your choices?

You can disable cookies from your web browser by selecting the appropriate settings. Most web browsers will tell you how to stop accepting new cookies, how to be notified when you receive a new cookie, how to disable or remove existing cookies and when cookies will expire. You can find out how to do this for your particular browser by clicking “help”, “tools” or “edit” in your browser’s menu or by visiting www.allaboutcookies.org. For mobile devices, you can manage how your device and browser share certain device data by adjusting the privacy and security settings on your mobile device.

Please note, however, that without certain cookies, you may not be able to take full advantage of our Services. For example, if you disable all essential cookies in your browser, you may not be able to use any of our Services that require you to login and you may also need to manually adjust some of your preferences every time you visit one of our Services.

Some consumers may not know that cookies are being placed on their computers when they use our KEEP Site. If you want to know when this happens or to prevent it from happening, you can set your browser to advise you when our KEEP Site attempts to place a cookie on your computer.

Providing Personal Information to Third Parties

Healthcare Providers

In order to provide certain Services and receive the benefit thereof, you may elect to share your personal information or other information with your Provider. Such sharing may be enabled by sending a Provider an invitation through the Service or by accepting an invitation from a Provider to download and use a Service, or otherwise using the Service settings to share your information to such Provider.  In these cases your consent to our sending personal information and the Provider monitoring your personal information, including, without limitation, information relate to your use of the Services, the KEEP Sites and KEEP devices, your medications and your compliance with your medication regime with your Providers and the Provider monitoring .  Such sharing of your information is at your discretion and is solely your responsibility.

You may also allow a Provider that is a caregiver, family member or other close relationship to make changes to the Services including to your personal information on your behalf (if applicable).

If you use the Services on behalf of your child or an incapacitated person, you shall be considered such person’s authorized Provider. In such event, you represent and warrant that you have the legal authority to act on behalf of that person, that you will keep confidential and only use the person’s personal information made available to you through the Services for the purpose for which it was made available to you, that any permission and personal information provided to you through the Services will be used with due care and only for that person’s own good and best interests.

You may opt out or otherwise restrict the disclosure of your personal information, including your health information to any Provider at any time by providing written notice as provided herein.

Partners and Third Parties

We may also share your personal information with our partners and with third-party independent contractors, including, without limitation, our providers that deliver (a) necessary hardware, software, networking, storage, transactional services and/or related technology required to run the Services provided and (b) data storage services.

We contract with a third party to maintain and host the KEEP Sites and our mobile applications. Therefore, any information you submit, including personal information, will be placed and stored on a computer server maintained by this third-party host.

The third parties that we partner with have agreed to implement technology and security features and strict policy guidelines to safeguard the privacy of your personal information from unauthorized access or improper use.

We require these service providers to provide a comparable level of protection of your personal information as we provide, to only process your personal information for the specific purposes mentioned above, and to have access to the minimum amount of data they need to deliver a specific service.

If we allow a third party to transfer your personal information outside of your geographic region, we will take steps to protect your privacy rights through the use of contractual arrangements or other means, which will provide a comparable level of protection while the information is being processed by our third parties.

Disclosure Required by Law or to Enforce Terms

We may also disclose your personal information to third parties in the following situations:

• to prevent, protect, investigate and deter against fraudulent, harmful, unauthorized, unethical, or illegal activity;
• to comply with a court order, subpoena, search warrant, or other legal process;
• to comply with legal, regulatory, or administrative requirements of any governmental authorities;
• to protect and defend us and our subsidiaries and affiliates, and our and their directors, officers, employees, attorneys, agents, contractors, and partners, in connection with any legal action, claim, or dispute; to enforce our Terms of Use and Conditions;
• to prevent imminent physical harm;
• in the event that we find that your actions in using our Services violate any laws, our Terms of Use and Conditions, or any of our usage guidelines for our Services; and
• any other use as permitted or required by applicable law.

Transfer in an Merger, Acquisition or Sale

We reserve the right to transfer your personal information to a third party in the event of a merger, amalgamation, change of control, acquisition or other similar transaction related to KEEP or a sale or other transfer of all or a portion of our assets.

Interactions and Links To Third-Party Sites

Our KEEP Sites and Services may allow you to link to the web sites, software applications and other services of third parties in order to provide certain features or experiences. For example, you may be able to connect your KEEP device or account to a non-KEEP service.  In addition, a KEEP Site may provide links to other online services for your convenience and information, and may include third-party features such as apps, tools, payment services, widgets and plug-ins.

These third-party services and features may operate independently from us. The privacy practices of the relevant third parties, including details on the information they may collect about you, is subject to the privacy policies of these parties, which we strongly suggest you review. To the extent any linked online services or third-party features are not owned or controlled by us, we are not responsible for these third parties’ information practices. By using or engaging with such services and features, you are requesting and authorizing us to transfer or provide access to information on your behalf, for example, your account ID, email address, data about your KEEP device usage or collected by your KEEP device.

International Users and Visitors

Personal information may be transferred to and maintained on computers and servers located outside of your state, province, country, or other governmental jurisdiction where the privacy laws may not be as protective as those in your jurisdiction. If you are located outside of Canada, please note that data we collect about you may be transferred to, processed and stored in the United States, unless otherwise noted.  Further, if you are located outside of the United States, please note that data we collect about you may be transferred to, processed and stored in the United States, unless otherwise noted.

If you reside in the UK or the European Union, please note that some of our service providers may be located outside the European Economic Area. In such cases we will transfer your data only to such countries as approved by the European Commission as providing adequate level of data protection, or enter into legal agreements ensuring an adequate level of data protection in accordance with the instructions of the European Union commission as updated from time to time.

Additional Rights

Data protection laws in certain jurisdictions provide individuals with certain statutory rights with respect to their personal information.  For example, if you reside in the UK or the European Union, you may have the right to request to: (a) receive confirmation as to whether or not personal information concerning you is being processed, and access your stored personal information, together with supplementary information; (b) receive a copy of personal information you directly volunteer to us in a structured, commonly used and machine-readable format; (c) request rectification of your personal information that is in our control; (d) request erasure of your personal information; (e) object to the processing of personal information by us; (f) request to restrict processing of your personal information by us; and (g) lodge a complaint with a supervisory authority if you believe your privacy rights have been prejudiced by us.

If you reside in another jurisdiction, you may also be afforded with certain rights with respect to your personal information, as determined by such jurisdictions’ applicable laws. Such rights may be similar or may differ from those set out above with respect to residents of the UK or the European Union.

We comply with applicable laws and respect the privacy rights of our users.  If you wish to exercise any of your rights, or ask us a question, please contact us by using the contact details provided below.  However, please note that these rights are not absolute, and may be subject to our own legitimate interests and regulatory requirements.

You also may opt out of receiving promotional communications from us (by, for example, using the “unsubscribe” button below each email we send you or by contacting us at privacy@keeplabs.com).  For the avoidance of doubt, there are certain communications about our Services that we need to send you and you will not be able to opt out of those communications.

Data Retention

We will retain your information for as long as we are required in order to provide the Services to you, as required to fulfill our legal obligations (e.g. under applicable law), commitments we made to and on behalf of you or any of our customers in order to provide the Service to you, and as required to defend legal claims. After you have terminated your use of our Service, we may store your information in an anonymized format.

Security

We, and our third-party providers, employ organizational, technical and physical safeguards designed to protect against the loss, misuse, and unauthorized access, disclosure, alteration or destruction. However, no Internet, email or other electronic transmission is ever fully secure or error free, so you should take special care in deciding what information you send to us in this way.

California Privacy Rights – California Residents Only

Under the California Consumer Privacy Act, California residents are entitled to request and obtain from us once a year, free of charge, information about the personal information (if any) we disclosed to third parties for direct marketing purposes in the preceding calendar year. If applicable, this information would include a list of the categories of personal information that was shared and the names and addresses of all third parties with which we shared information in the immediately preceding calendar year.

If you are a California resident and would like to make such a request, please contact us at privacy@keeplabs.com with “California Privacy Rights” as the subject line or write to us at the address set forth in the “How to Contact Us” section below.  You must include your full name, email address and postal address in your request.  We are not responsible for notices that are not labeled or sent properly, or do not have complete information.

Your Nevada Privacy Rights – Nevada Residents Only

“Do Not Sell My Personal Information” – We may elect to share information about you with third parties for those third parties direct marketing purposes. Nevada Revised Statutes §§ 603A.300-.360 permits Nevada residents who have supplied personal information (as defined in the law) to us to, under certain circumstances, request and opt-out of the sale of your personal information to third-parties for their direct marketing purposes.

If you are a Nevada resident and would like to make such a request, please contact us at privacy@keeplabs.com with “Nevada Privacy Rights” as the subject line or write to us at the address set forth in the “How to Contact Us” section below.  Please provide sufficient information for us to determine if this applies to you and attest to the fact that you are a Nevada resident.  You must include your full name, email address, and postal address in Nevada in your request.  We are not responsible for notices that are not labeled or sent properly, or do not have complete information.

Children

Our Services, KEEP Sites and KEEP devices are intended for use by persons of legal age to form a binding contract in the applicable jurisdiction or persons who are not of legal age to form a binding contract in the applicable jurisdiction but have received their parent’s or guardian’s permission to use the applicable Services and KEEP device.  If you are not the legal age to form a binding contract in the applicable jurisdiction, you may use a Service, KEEP Site  or Keep device only with the consent and under the supervision of a parent or legal guardian who consents to this Privacy Policy, in accordance with the requirements of applicable laws.  Otherwise, under no circumstances should a Service or KEEP Device be used by persons under the legal age to form a binding contract.

If you discover that your child has been using a Service, KEEP Site or KEEP device without your consent, or that someone has been using a Service, KEEP Site or KEEP device for or on behalf of your child without your consent, please contact us using the information below under “How to Contact Us” and we will take reasonable steps to delete the child’s information from our active databases.

We reserve the right to check our user base from time to time and remove users whom we have grounds to believe they are in fact minors, including without limitation, restricting those user accounts, or deleting them, as we may deem appropriate.

By using any of our Services, accessing any of the KEEP Sites or using any KEEP device, you acknowledge that you are of legal age to form a binding contract in your jurisdiction.  If you are a parent or legal guardian of a user that is below the legal age to form a binding contract in the applicable jurisdiction, you consent to this Privacy Policy on behalf of such user, including, without limitation, processing and using such user’s personal information in accordance with the terms herein, and you are fully responsible for the acts of such user in relation to our Services, KEEP Sites and Keep devices.

How to Contact Us

In the event that you have any questions, comments, requests or concerns related to this Privacy Policy or wish to make a complaint about how we process your personal information, please contact us at:

KEEP Labs Inc.

1108 - 250 Consumers Road #750 North York, ON M2J 4V6

Email: privacy@keeplabs.com

You may also contact our Data Protection Officer: DPO@keeplabs.com

We will endeavor to deal with your request as soon as possible.

The foregoing is without prejudice to your right to raise a complaint with a relevant supervisory authority.

Revisions to this Privacy Policy

This Privacy Policy is effective as of the date shown at the top of this page.

This Privacy Notice may be updated periodically and without prior notice to you to reflect changes in our personal information practices. We will post a notice on or through our KEEP Sites or Services to notify you of significant changes to this Privacy Policy and indicate at the top of the revised policy when it was most recently updated (with any such changes effective as of such date).

If you do not agree to the revised policy, you should alter your preferences, or consider stop using our Services, KEEP Sites, or any KEEP device.

YOUR USE OR CONTINUED USE OF OUR SERVICES, ANY KEEP SITE, ANY KEEP DEVICE FOLLOWING OUR POSTING OF REVISED PRIVACY POLICY WILL CONSTITUTE BINDING ACCEPTANCE OF SUCH REVISED PRIVACY POLICY AND THE APPLICABLE CHANGES.