(Effective July 2021)

Litmus Health, Inc., a Delaware corporation (“Litmus,” “our,” “us,” or "we") offers a device-agnostic big data platform-as-a-service for clinical trials (as it may be updated from time to time, the “Platform”) that is designed to enable researchers to unite clinical and non-clinical data into a single, consistent context. The Platform includes a mobile application (the “App”) to be used by individual participants (“Participants”) in connection with clinical trials conducted by research institutions and their personnel (“Researchers”). The term “you,” as used in this Privacy Policy, refers to a Participant participating in a clinical trial or other end-user of the Platform.


Please read this Privacy Policy carefully and save it. If you do not agree with it, you should not use the Platform. By using the Platform or by submitting electronic communications to us, you consent to the practices prescribed in this Privacy Policy.


This Privacy Policy applies to:

  • The Platform (including the App); and

  • Any email, text, and other electronic communications you send to Litmus through the Platform or the App; and

  • Our website.

This Privacy Policy does not apply to:

  • Information we collect offline or by any other means (such as through other services we may offer); and

  • The manner in which third parties treat information they collect from you, including information collected via Devices (defined below) or by Researchers. You should consult your agreement with such third parties (e.g., such third parties’ own privacy policies) to determine how these third parties have promised to use and not use your information.

What information does Litmus collect?

  • Personal Information. When we refer to “Personal Information” in this Privacy Policy, we mean any information by which you may be personally identified or contacted, whether online or offline. When you use the website, the Platform or the App, unless otherwise specified in trial, you acknowledge that we may collect certain Personal Information from you, such as your email address, birthdate, home address, and phone number. Personal Information may also include your Health Information, Geo-Location Information and Social Information (each as described below), but only to the extent you may be personally identified or contacted by such information. Some trials may have restrictions regarding our collection of your Personal Information.

  • Health Information. You also acknowledge and agree that, if you are a Participant, we may collect your Health Information. “Health Information” means any information related to your physical or mental health and physical activity, including: (1) your weight, height, and other physical characteristics; (2) information regarding your physical activity, such as your steps, heart rate, and blood pressure; (3) your diet and purchasing habits; (4)  health history information (such as prior diseases and diagnoses); (5) family and relative medical history; (6) current health status information; (7) information regarding your physicians and other healthcare providers; (8) information regarding medications and other treatments of health conditions; and (9) information about your genomic profile or other predictive testing. The type of Health Information we collect will vary based on information we receive from your Device (defined below). Some trials may require us to collect additional or different types of Health Information, which will be specified in the notices and consent forms provided to you in connection with the trial.

  • Technical Information. We may also collect and use technical data and related information, such as information about your Device, system and application software, peripherals and other data related to your interactions with the Platform (“Technical Information”).  Technical Information we collect may include your device ID, information about your platform, diagnostics and environmental variables from your Device. Litmus does not consider this information to be Personal Information or your Information.

  • Website Information. We collect many different types of website usage information (“Website Usage Information”). For example, we may collect information from the devices you use to access the website and/or any capability, software or service that may be made available through the website, your operating system type or mobile device model, browser type, domain, and other system settings, as well as the language your system uses and the country and time zone of your device. Litmus does not consider this information to be Personal Information or your Information.

  • Geo-Location Information. We may also collect information about your geographic location from you or your Device, including your country, region, time zone, street address, latitude, longitude, velocity, bearing, altitude and distance traveled (“Geo-Location Information”).

  • Social Information. We may also collect information about you from social media sites (e.g. Facebook and others) if you choose to provide that information (“Social Information”), some of which may include Personal Information.

  • Online Tracking Information. We do not use the App to collect information from your web browser about your activities over time and across third-party websites, applications or other online services.

How Does Litmus Collect Information?

We may collect Personal Information, Health Information, Technical Information, Website Usage Information, Geo-Location Information and Social Information (collectively, “Information”) from you in connection with your use of the Platform and the App, from your Device and from third parties who provide this information to us.

  • Information Collected from Researchers. Researchers may provide us with your Personal Information or Health Information in connection with a trial.

  • Information Collected from Devices and Third Party Providers. As part of your participation in a clinical trial, you may be required to use a smart device, for example a personal fitness or body monitoring wearable device, home sensor, or ingestible (“Device”).  Depending on the specific Device, we may collect Information directly from your Device or from third party application or platform providers. For example, if you download and create an account for a fitness statistics app for the Device, the app provider may share certain of the Information collected with us, whether via an API or other means.

  • Information You Voluntarily Disclose. Certain features of the Platform, our website, or Devices may allow you to voluntarily share Information.  Please keep in mind that whenever you voluntarily disclose Information on or otherwise voluntarily utilize features of the Platform, our website, or Devices that inherently share Information (such as features that allow a Participant to share Information with a Researcher), that Information can be collected and used by others.

  • Cookies and Pixels. We collect Website Usage Information and Personal Information through third-party cookies and pixels on the website.

How Does Litmus Use Information?

Except as described in this Privacy Policy (including (without limitation) below under “Does Litmus Share Information” where we describe how we share Information with Researchers), Information that you provide or that we collect will be kept confidential.  Specifically, we will use your Information for the following purposes:

  • To Generate Data and Blind Data. One of the primary purposes of the Platform is to increase types and usefulness of data collected for clinical trials. As such, we endeavor to use data that we collect and have access to, where possible and when appropriately decoupled from a particular person’s identity and/or when aggregated across individuals, outside of the context of the trial in which it was collected. Accordingly, we may compile, analyze and aggregate data collected about Participants, their Devices, their interactions with the Platform, and/or the trials in which they participate (when anonymized and aggregated, “Blind Data”). Any Blind Data we generate or collect will be owned by us and we may use it for any lawful business purpose.
  • Other Uses of Information. In addition, we may use your Information, including Website Usage Information and your Personal Information and Health Information, as follows:
    • To provide software updates, product support, product enhancements and other services to you related to the website, the Platform and the App.
    • To improve Litmus’ products and services.
    • To enable you to participate in features of the Platform.
    • To communicate with you, including about the Platform and the App.
    • To respond to comments, questions or requests for customer service.
    • For any other purpose we may describe when you provide the Information.
  • License to Use Your Information. We do not claim any ownership rights in your Personal Information and Health Information, however, by using the Platform, you grant Litmus a perpetual, royalty-free license to use the Information and other data we collect from you: (1) in order to provide the Platform to you and the applicable Researchers; (2) as necessary to monitor and improve the Platform; (3) to collect or generate Blind Data; and (4) for the purposes we specifically describe in this Privacy Policy.

Does Litmus Share Information?

Except as described in this Privacy Policy, Litmus does not share, rent or sell the Personal Information we collect with third parties.

  • Information Shared with Researchers. The Platform exists to enable Researchers to meaningfully extract and analyze data collected from Participants of their clinical trials. In order to provide this service to Researchers, we need to share your Information and data with Researchers. We share this Information (including certain Personal Information and Health Information) with Researchers to enable them to conduct research, both during the clinical trial and after it is concluded. Researchers will use your Information pursuant to their own privacy and data usage policies.
  • Other Information Sharing Practices. Litmus or its agents, vendors or contractors may disclose Information, including your Personal Information, to third parties in the following circumstances:
    • To our agents, vendors or contractors that we use to support the internal operations of our business and who are required to keep the Information confidential and use it only for the purposes for which we disclose it to them.
    • If required to do so by law, comply with legal process or to comply with a governmental or regulatory request;
    • To protect and defend the rights or property of Litmus or its agents or contractors;
    • To enforce our Terms of Service or other Litmus agreements;
    • To act in urgent circumstances to protect the personal safety of users of the Platform or the public; and
    • As part of a transaction or potential transaction where Litmus merges with another organization, files for bankruptcy, or sells its assets or capital stock.

Information Collected from Third Parties

Please be aware that other websites and services, including the websites of third parties that you connect with through the Platform or your Device, may collect Personal Information and other information about you. For example: (1) Device manufacturers, app providers or platform providers may collect information about you; and (2) Researchers may collect information about you outside the Platform. We cannot control and are not responsible for the information collection practices of third parties, which are subject to their own privacy policies. We encourage you to carefully review their terms of use, privacy policies, and any other legal notifications before using or providing information through such websites, services or applications.

Further, the Platform may employ third-party technologies that require you to accept such third party’s terms. This Privacy Policy does not cover the information practices of those third-party technologies.


Security of Your Information

We maintain physical, electronic, and procedural safeguards designed to protect the Information. These safeguards include storing your Information on secure servers and using industry standard encryption (currently Transport Layer Security for in-flight Information and under the 256-bit Advanced Encryption Standard for at-rest Information). All Information is stored anonymized within each trial, along with the Participant ID (which is a randomly assigned anonymous identifier). Despite the actions and precautions we take, no data transmissions over the Internet can be guaranteed to be 100% secure. Consequently, we cannot ensure or warrant the security of the Information and you acknowledge and agree that you transmit it to us at your own risk.


International Transfers

Information collected from you may be stored and processed in the United States or any other country in which Litmus or its affiliates, subsidiaries, agents or contractors maintain facilities. If you are accessing the Platform or the App from the European Union or other regions with laws governing data collection and use, please note that you are agreeing to the transfer of your data to the United States and processing globally. By providing your Information, you consent to any transfer and processing in accordance with this Privacy Policy.


HIPAA

Researchers and their personnel may have their own privacy and security obligations with respect to your Personal Information and Health Information to the extent they are “Covered Entities” or otherwise obligated to comply with the Health Insurance Portability and Accountability Act of 1996 (“HIPAA”). Additionally, we have agreements in place with Researchers, which define certain of our security and privacy obligations. We encourage you to contact the Researchers with whom you interact through the Platform and the App regarding their privacy and security practices. For more information regarding your rights under HIPAA, see http://www.hhs.gov/ocr/privacy/.


Children’s Privacy

The Platform and the App are not intended for children under the age of 13. We do not knowingly collect Information from children under 13. If you believe that we may have collected Information from a child under the age of 13, please contact us at info@litmushealth.com.


Information Choices and Changes

We may need to communicate with you about the Platform or the App. As such, you consent to receive messages (whether by phone, email, text or push notifications) from Litmus and Researchers, and acknowledge and agree that your email addresses and other information may be used for the purpose of initiating messages. We will allow you to opt-out of receiving commercial messages, but in order to stop receiving any messages from us whatsoever (including administrative messages regarding the Platform or the App), you will need to terminate your account.

Information Choices and Changes

We have implemented the following Google Analytics Features: Remarketing with Google Analytics; Google Analytics Demographics; and Interest Reporting. Please refer to “Cookies and Pixels” above. You can opt out of Google Analytics here.


Changes to this Privacy Policy

This is our entire Privacy Policy regarding the Platform and the App and it replaces any earlier version. We may change this Privacy Policy by posting a new version through the Platform or the App, and it is your responsibility to review this Privacy Policy periodically. If we make material changes to our practices regarding the collection, use and sharing of your Personal Information, we will notify you via e-mail to the email address you provide to us and/or through a notice or via the Platform.

When we do change the Privacy Policy, we will also revise the “effective” date. Your continued use of the Platform or the App after such date constitutes your agreement to this Privacy Policy and any updates.


Contacting Litmus

For questions or comments regarding this Privacy Policy, please contact us at Litmus Health, Inc., 1023 Springdale Road, Building 5, Austin, TX, 78721 and info@litmushealth.com