This notice supplements the Privacy Policy and applies to personal data defined as “consumer health data” subject to the Washington State My Health My Data Act (MHMDA), the Nevada Health Data Privacy Act (NHDPA), or other applicable state consumer health privacy law.
Consumer Health Data We Collect
As described in the ”Personal Data We Collect About You” section of the Privacy Policy, the data we collect depends on the context of your interactions with us and the choices you make (including your privacy settings), the Services you use, your location, and applicable law. Because consumer health data is defined very broadly, many of the categories of data we collect could also be considered consumer health data.
Examples of consumer health data may include:
- Information about your health-related conditions, symptoms, status, diagnoses, testing, or treatments (including surgeries, procedures, medications, or other interventions). For example, we may collect such information through surveys or other communication with you for research studies and improving product accessibility. We may also collect information about your gut health symptoms, health history, diagnoses, supplement use, and dietary information through intake forms and clinician consultations; gut microbiome test results and stool chemistry analysis from at-home testing kits processed by third-party laboratory partners; blood panel results from laboratory testing; and personalized care plans, treatment recommendations, and supplement protocols generated by your Provider.
Sources of Consumer Health Data
As described further in the ”Personal Information We Collect” section of the Privacy Policy, we collect personal data (which may include consumer health data) directly from you, from your interactions with our Services, from third parties, and from publicly available sources.
Why We Collect and Use Consumer Health Data
- Measurements of bodily functions, vital signs, or characteristics, such as gut microbiome composition data, stool chemistry markers, blood biomarkers, and related diagnostic measurements, including photographs, which may also be considered biometric information under the MHMDA, the NHDPA, or other applicable state consumer health privacy law.
We collect and use consumer health data for the purposes described in the ”How We Use or Disclose Your Personal Data” sections of the Privacy Policy. Primarily, we collect and use consumer health data as reasonably necessary to provide you with the Services you have requested or authorized. This may include delivering and operating the Services and their features, personalization of certain Service features, ensuring the secure and reliable operation of the Services and the systems that support them, troubleshooting and improving the Services, and other essential business operations that support the provision of the Services (such as analyzing our performance, meeting our legal obligations, developing our workforce, and conducting research and development).
We may use consumer health data for other purposes for which we give you choices and/or obtain your consent as required by law – for example, for advertising or marketing purposes. See the ”Your Choices” section of the Privacy Policy and the “How to Exercise Your Rights” section below for more details on the controls and choices you may have.
- Precise location information that could reasonably indicate your attempt to acquire or receive health services or supplies.
Our Sharing of Consumer Health Data
We may share each of the categories of consumer health data described above for the purposes described in the ”How We Use or Disclose Your Personal Data” section of the Privacy Policy. In particular, we may share personal data, including consumer health data, with your consent or as reasonably necessary to complete any transaction or provide any Service you have requested or authorized, as described above.
- Information that could identify your attempt to seek health care services or information, including services that allow you to assess, measure, improve, or learn about your or another person’s health.
For example, we share your content with third parties when you tell us to do so. And we may disclose data when we believe that doing so is necessary to comply with applicable law or respond to valid legal process.
We do not sell or exchange consumer health data for monetary or other valuable consideration, and we will not do so without first obtaining your valid written authorization as required by applicable law.
- Other information that may be used to infer or derive data related to the above or other health information.
Your Consent
Where required by applicable law, we will obtain your affirmative consent before collecting or sharing your consumer health data. Under the Washington My Health My Data Act, we are required to obtain your consent before collecting consumer health data, and separate consent before sharing consumer health data with third parties, unless an exemption applies. You may withdraw your consent at any time by contacting us using the information in the “How to Exercise Your Rights” section below. Withdrawal of consent will not affect the lawfulness of processing based on consent before its withdrawal. If you withdraw consent for the collection of consumer health data that is necessary to provide the Service, we may not be able to continue providing certain features of the Service to you.
Geofencing
We do not use geofencing technology to identify or track consumers seeking health care services, nor do we collect consumer health data within a geofence around any health care facility.
Third Parties With Which We Share Consumer Health Data
As necessary for the purposes described above, we share consumer health data with the following categories of third parties:
- Service providers. Vendors or agents (“processors”) working on our behalf may access consumer health data for the purposes described above. For example, companies we’ve hired to provide customer service support or assist in protecting and securing our systems and Services may need access to data to provide those functions.
How to Exercise Your Rights
If you are covered by the MHMDA, the NHDPA, or other applicable consumer health privacy law then you may have certain rights with respect to consumer health data, including rights to access, delete, or withdraw consent relating to such data, subject to certain exceptions. You can request to exercise such rights using the various tools and mechanisms described in the ”Your Choices” section of the Privacy Policy. For example, depending on the Service you use, you can access and make choices about your data through product controls. You can also access and clear some of your data through your web browser. And if you want to access or control consumer health data processed by us that is not available via those tools or directly through the Service you use, you can always contact us at hello@getclarity.health.
If your request to exercise a right is denied, you may appeal that decision by contacting our support team at hello@getclarity.health. If your appeal is unsuccessful, you can raise a concern or lodge a complaint with the Washington State Attorney General at www.atg.wa.gov/file-complaint, the Nevada State Attorney General at https://ag.nv.gov/complaints/file_complaint/, or other regulatory authority as applicable.
- The public. If we offer features that allow you to share testimonials, reviews, or other content publicly, any consumer health data you voluntarily include in such content may be visible to the public. We will obtain your consent before making any consumer health data publicly available.
- Other users and individuals. If you use our Services to interact with other Users of the Service or other recipients of communications, we will share data, including consumer health data, as directed by you and your interactions.
- Other third parties. In certain circumstances, it may be necessary to provide data to other third parties, for example, to comply with the law or to protect our rights or those of our customers.
- Government agencies. As described in our Privacy Policy, we disclose data to law enforcement or other government agencies when we believe doing so is necessary to comply with applicable law or respond to valid legal process.
- Affiliates. We enable access to data across our subsidiaries, affiliates, and related companies, for example, where we share common data systems or where access helps us to provide our Services and operate our business.
- Parties to a corporate transaction. We may disclose consumer health data as part of a corporate transaction or proceeding such as a merger, financing, acquisition, bankruptcy, dissolution, or a transfer, divestiture, or sale of all or a portion of our business or assets.
- Financial institutions & payment processors. When you make a purchase or enter into a financial transaction, we will disclose payment and transactional data to banks and other entities as necessary for payment processing, fraud prevention, credit risk reduction, analytics, or other related financial services.
- Business partners. We may share consumer health data with other companies that support the delivery of the Service, for example, electronic health record and patient portal platforms that facilitate your clinical interactions, or other technology partners that support care delivery. We do not share consumer health data with business partners for their own independent marketing purposes.
- Healthcare and clinical service providers. We share consumer health data with medical groups and their healthcare providers who deliver clinical services to you through the Service, third-party laboratory partners who process your at-home testing kits and analyze test results, and supplement dispensary platforms through which you may purchase products recommended as part of your care plan.