(Effective January 2019)
- The Platform (including the App); and
- Any email, text, and other electronic communications you send to Litmus through the Platform or the App.
- Information we collect offline or by any other means (such as through our website or 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?
- 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.
- 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 sights (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, 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 or Devices may allow you to voluntarily share Information. Please keep in mind that whenever you voluntarily disclose Information or otherwise voluntarily utilize features of the Platform 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.
How Does Litmus Use Information?
- 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 your Personal Information and Health Information, as follows:
To provide software updates, product support, product enhancements and other services to you related to 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.
Does Litmus Share Information?
- 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
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.
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/.
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 email@example.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.