Effective as of January 06, 2020.
Individuals located in the European Union should be sure to read the important information provided here (link to nPhase Privacy Shield Addendum).
SUMMARY OF OUR PRIVACY PRACTICES
- Purposes of Processing Your Information: We process information about you in order to provide our Sites and Services; to communicate with you; to comply with law and prevent fraud; and for other reasons with your consent. We may also anonymize your data – which means the data can no longer be used to identify you – in order to perform analytics to learn how to better provide our Sites and Services.
- Your Rights and Choices: Depending on your jurisdiction, you may have legal rights associated with our processing of your data, including rights to access, correct, delete, transfer, or object to the processing of your data. Regardless of where you live, we will honor your request to opt out of being contacted by us for marketing reasons.
- How to Contact Us: nPhase is the controller of your information when it is processed in the context of our Sites and Services. Our Data Protection Officer may be contacted by emailing: [email protected] However, please note that nPhase’s customers are the controllers of your data when it is processed in nPhase’s platform, applications, and related services. For example, if you are a patient in a clinical trial, or an investigator who logs into our applications, your data controller is the Sponsor of that trial and/or the participating healthcare provider.
NPHASE’S PLATFORM, APPLICATIONS, AND CUSTOMER DATA
As part of nPhase’s platform, applications and related services, our customer’s employees and authorized users may enter information from or about their authorized users, employees, and clinical trial subjects (collectively, “Customer Data”), into our servers.
nPhase has no control or ownership of Customer Data. Please direct any questions regarding Customer Data to the customer for which you work or which collected your information using a nPhase platform or application.
PERSONAL INFORMATION WE COLLECT
We collect personal information about you in the following ways:
Information you give us
Personal information that you may provide through the Services or otherwise communicate with us includes:
- Personal and Business Contact information, such as your first name, last name, postal address, email address, telephone number, job title, and employer name;
- Profile information, such as your username and password, industry, interests and preferences;
- Feedback and correspondence, such as information you provide in your responses to surveys, when you participate in market research activities, report a problem with the Sites, receive customer support or otherwise correspond with us;
- Transaction information, such details about any purchases you make through the Sites, event registrations you make through the Sites, and billing details;
- Usage information, such as information about how you use the Sites and interact with us;
- Marketing information, such your preferences for receiving marketing communications and details about how you engage with them.
We may combine other publicly available information, such as information related to the organization for which you work, with the personal information that you provide to us through our Sites or Services.
Information automatically collected
We may collect an IP address from visitors to our Sites. We use IP addresses to help diagnose problems with our server(s), to administer the Sites, and to monitor activities on and interactions with our Sites.
We may also automatically log information about you and your computer or mobile device when you access our Sites. For example, we may log your computer or mobile device operating system name and version, manufacturer and model, browser type, browser language, screen resolution, the website you visited before browsing to our Sites, pages you viewed, how long you spent on a page, access times and information about your use of and actions on our Sites. We collect this information about you using cookies. Please refer to the Cookies and Similar Technologies section for more details.
Changes to your personal information
It is important that the personal information we hold about you is accurate and current. Please let us know if your personal information changes during your relationship with us by updating your registration profile or emailing us at: [email protected]
HOW WE USE YOUR PERSONAL INFORMATION
To provide our Services
If you have a nPhase account or use our Sites, we use your personal information to:
- Operate, maintain, administer and improve the Sites;
- Manage and communicate with you regarding your nPhase account, if you have one, including by sending you service announcements, technical notices, updates, security alerts, and support and administrative messages;
- Process and manage registrations you make through the Sites, including to track and administer trainings or events you have registered for and attended, and to subscribe you to our Developer Central community forum;
- Better understand your needs and interests, and personalize your experience with the Sites; and
- Provide support and maintenance for the Sites and our Services;
- Respond to your service-related requests, questions and feedback.
To communicate with you
If you request information from us, register on the Sites, or participate in our surveys, promotions or events, we may send you nPhase-related marketing communications as permitted by law. You will have the ability to opt out of such communications.
To comply with law
We use your personal information as we believe necessary or appropriate to comply with applicable laws, lawful requests and legal process, such as to respond to subpoenas or requests from government authorities.
With your consent
We may use or share your personal information with your consent, such as when you consent to let us post your testimonials or endorsements on our Sites, you instruct us to take a specific action with respect to your personal information, or you opt into marketing communications.
To create anonymous data for analytics
We may create anonymous data from your personal information and other individuals whose personal information we collect. We make personal information into anonymous data by excluding information that makes the data personally identifiable to you, so that it is no longer reasonably possible to ever use the data to identify you. We use this anonymized data for lawful business purposes, such as improving our Sites and Services.
For compliance, fraud prevention and safety
We use your personal information as we believe necessary or appropriate to (a) enforce the terms and conditions that govern our Services; (b) protect our rights, privacy, safety or property, and/or that of you or others; and (c) protect, investigate and deter against fraudulent, harmful, unauthorized, unethical or illegal activity.
HOW WE SHARE YOUR PERSONAL INFORMATION
- Professional advisors. We may disclose your personal information to professional advisors, such as lawyers, bankers, auditors and insurers, where necessary in the course of the professional services that they render to us;
- Compliance with Laws and Law Enforcement; Protection and Safety. nPhase may disclose information about you to government or law enforcement officials or private parties as required by law, and disclose and use such information as we believe necessary or appropriate to (a) comply with applicable laws and lawful requests and legal process, such as to respond to subpoenas or requests from government authorities; (b) enforce the terms and conditions that govern our Services; (d) protect our rights, privacy, safety or property, and/or that of you or others; and (e) protect, investigate and deter against fraudulent, harmful, unauthorized, unethical or illegal activity;
Access, Update, Correct or Delete Your Information
All NPhase account holders may review, update, correct or delete the personal information in their registration profile by logging into their account. NPhase account holders may also contact us at [email protected] to accomplish the foregoing or if you have additional requests or questions.
You may opt out of marketing-related emails by logging in and changing your account settings, by clicking on a link at the bottom of each such email, or by contacting us at [email protected]. You may continue to receive service-related and other non-marketing emails.
If you gave us consent to post a testimonial on our Sites, but wish to update or delete it, please contact [email protected].
Choosing not to share your personal information
Where we are required by law to collect your personal information, or where we need your personal information in order to provide the Services to you, if you do not provide this information when requested (or you later ask to delete it), we may not be able to provide you with the Services and may need to close your account. We will tell you what information you must provide to receive the Services by designating it as required in our Sites and Services or through other appropriate means.
COOKIES AND SIMILAR TECHNOLOGIES
What are cookies?
GENERAL DATA PROTECTION REGULATION (GDPR) STATEMENT COOKIES To make this Website work properly, we sometimes place small data files called cookies on your device; most Websites do this, too. These cookies cannot identify you. A cookie is a small text file that a Website saves on your computer or mobile device when you visit the site. It enables the Website to remember your actions and preferences (such as login, language, font size, and other display preferences) over a period of time, so you don’t have to keep re-entering them whenever you come back to the site or browse from one page to another. HOW TO CONTROL COOKIES You can control and/or delete cookies as you wish. For details, see aboutcookies.org. You can delete all cookies that are already on your computer and you can set most browsers to prevent them from being placed. If you do this, however, you may have to manually adjust some preferences every time you visit a site – and some services and functionalities may not work. DATA AND PRIVACY STATEMENT We do not ask for, nor do we keep any unnecessary data from our visitors, clients, customers, or enquirers. To respond to e-mail questions, we DO require your name and e-mail address. If you would like your details deleted from our records when we have completed our communication, then please contact our Webmaster via [email protected]. We will verify your identity with an e-mail to your stored e-mail address and then comply with your request. If we already hold your data (i.e. name, e-mail and/or postal address) and you would like it removed from our storage system, please e-mail [email protected]. Please be assured that we NEVER pass on your details to any other company or individual for their commercial or private use. We NEVER sell any data to any other company or individual for any commercial or private use. July2019
Cookies we use
Our Site uses the following types of cookies for the purposes set out below:
- Essential Cookies. These cookies are essential to provide you with services available through our Site and to enable you to use some of its features. Without these cookies, the services that you have asked for cannot be provided, and we only use these cookies to provide you with those services. These are primarily used by our employees and contractors.
- Functionality Cookies. These cookies allow our Site to remember choices you make when you use our Site. The purpose of these cookies is to provide you with a more personal experience and to avoid you having to re-select your preferences or re-enter information every time you visit our Site.
- Analytics and Performance Cookies. These cookies are used to collect information about traffic to our Site and how users use our Site. The information gathered may include the number of visitors to our Site, the websites that referred them to our Site, the pages they visited on our Site, what time of day and duration they visited our Site, whether they have visited our Site before, and other similar information. We use this information to help operate our Site more efficiently, to gather broad demographic information and to monitor the level of activity on our Site. We primarily use Google Analytics for this purpose. Google Analytics uses its own cookies. It is only used to improve how our Site works. You can find out more information about Google Analytics cookies here and about how Google protects your data here. You can prevent the use of Google Analytics relating to your use of our Site by downloading and installing the browser plugin available here.
You can typically remove or reject cookies via your browser settings. In order to do this, follow the instructions provided by your browser (usually located within the “settings,” “help” “tools” or “edit” facility). Many browsers are set to accept cookies until you change your settings.
If you do not accept our cookies, you may experience some inconvenience in your use of our Site. For example, we may not be able to recognize your computer or mobile device and you may need to log in every time you visit our Site.
We may also use tracking tags (which are also known as web beacons) on our Site to track the actions of users while on our Site. Unlike cookies, which are stored on the hard drive of your computer or mobile device by a website, tracking tags are embedded on webpages. Tags compile statistics about usage of the Site, so that we can manage our content more effectively. The information we collect using tracking tags is not linked to our users’ personal data.
The security of your personal information important to us. We take a number of organizational, technical and physical measures designed to protect the personal information we collect, both during transmission and once we receive it. However, no security safeguards are 100% secure and we cannot guarantee the security of your information.
nPhase is headquartered in the United States and has affiliates and service providers in other countries, and your personal information may be transferred to the United States or other locations outside of your state, province, country or other governmental jurisdiction where privacy laws may not be as protective as those in your jurisdiction.
European Union users should read the important information provided here about transfer of personal information outside of the European Economic Area.
OTHER SITES AND SERVICES
The Sites may contain links to other websites and services. These links are not an endorsement, authorization or representation that we are affiliated with that third party. We do not exercise control over third party websites or services and are not responsible for their actions. Other websites and services follow different rules regarding the use or disclosure of the personal information you submit to them. We encourage you to read the privacy policies of the other websites you visit and services you use.
USER GENERATED CONTENT
We may make available on our Sites, or link to, features that allow you to share information online (e.g., on message boards, in chat areas, in file uploads, through events, etc.). Please be aware that whenever you voluntarily disclose personal information online, that information becomes public and can be collected and used by others. We have no control over, and take no responsibility for, the use, storage or dissemination of such publicly-disclosed personal information. By posting personal information online in public forums, you may receive unsolicited messages from other parties.
Attn: Chief Privacy Officer
533 2nd Street, Suite 500
Encinitas, CA 92024
ADDITIONAL INFORMATION FOR EUROPEAN UNION USERS
Controller and Data Protection Officer
nPhase Solutions, Inc. is the data controller of your personal information for the purposes of European data protection legislation. Our Data Protection Officer can be reached at [email protected]. See the “Contact Us” section above for additional contact details.
Legal bases for processing
We only use your personal information as permitted by law. We are required to inform you of the legal bases of our processing of your personal information, which are described in the list below. If you have questions about the legal basis of how we process your personal information, contact us at [email protected].
- To provide the Services. Processing is necessary to perform the contract governing our provision of the Services or to take steps that you request prior to signing up for the Services.
- To communicate with you; To create anonymous data for analytics; and for compliance, fraud prevention and safety. These processing activities constitute our legitimate interests. We make sure we consider and balance any potential impact on you (both positive and negative) and your rights before we process your personal information for our legitimate interests. We do not use your personal information for activities where our interests are overridden by the impact on you (unless we have your consent or are otherwise required or permitted to by law).
- To comply with law. Processing is necessary to comply with our legal obligations.
- With your consent. Processing is based on your consent. Where we rely on your consent you have the right to withdraw it anytime in the manner indicated in the Service or by contacting us at [email protected].
Use for new purposes
We will only retain your personal information for as long as necessary to fulfil the purposes we collected it for, including for the purposes of satisfying any legal, accounting, or reporting requirements.
To determine the appropriate retention period for personal information, we consider the amount, nature, and sensitivity of the personal information, the potential risk of harm from unauthorized use or disclosure of your personal information, the purposes for which we process your personal information and whether we can achieve those purposes through other means, and the applicable legal requirements.
By law we have to keep basic information about our customers (including Contact, Identity, Financial and Transaction Information) for seven years after they cease being customers for financial and tax purposes.
In some circumstances we may anonymize your personal information (so that it can no longer be associated with you) in which case we may use this information indefinitely without further notice to you.
European data protection laws give you certain rights regarding your personal information. You may ask us to take the following actions in relation to your personal information that we hold:
- Opt-out. Stop sending you direct marketing communications. You may continue to receive service-related and other non-marketing emails;
- Access. Provide you with information about our processing of your personal information and give you access to your personal information;
- Correct. Update or correct inaccuracies in your personal information;
- Delete. Delete your personal information;
- Transfer. Transfer a machine-readable copy of your personal information to you or a third party of your choice;
- Restrict. Restrict the processing of your personal information;
- Object. Object to our reliance on our legitimate interests as the basis of our processing of your personal information that impacts your rights.
You can submit these requests by email to [email protected] or our postal address provided above. We may request specific information from you to help us confirm your identity and process your request. Applicable law may require or permit us to decline your request. If we decline your request, we will tell you why, subject to legal restrictions. If you would like to submit a complaint about our use of your personal information or response to your requests regarding your personal information, you may contact us as described above or submit a complaint to the data protection regulator in your jurisdiction.
Cross-Border Data Transfer
Whenever we transfer your personal information out of the EEA to countries not deemed by the European Commission to provide an adequate level of personal information protection, the transfer will be based on one of the following safeguards recognized by the European Commission as providing adequate protection for personal information, where required by EU data protection legislation:
- Contracts approved by the European Commission which impose data protection obligations on the parties to the transfer. For further details, see European Commission Model contracts for the transfer of personal information to third countries.
- For transfers to third parties in the United States, ensuring they participate in the EU-US Privacy Shield Framework.
Please contact us if you want further information on the specific mechanism used by us when transferring your personal information out of the EEA.
EU-U.S. Privacy Shield and Swiss-US Privacy Shield
In compliance with the US-EU and Swiss-US Privacy Shield Principles, nPhase commits to resolve complaints about our collection or use of your personal information. European Union or Swiss individuals with inquiries or complaints regarding our Private Shield policy should first contact nPhase at: [email protected].
nPhase has selected a third party to serve as its independent recourse mechanism (IRM) for dispute resolution arising from certain transfers or processing of Personal Information (non-HR data) under Privacy Shield. nPhase has further committed to refer unresolved Privacy Shield complaints under the EU-US and Swiss-US Privacy Shield Principles to the BBB EU PRIVACY SHIELD, operated by the Council of Better Business Bureaus. If you do not receive timely acknowledgment of your complaint from us, or if we have not addressed your complaint to your satisfaction, please contact or visit the CBBB at http://www.bbb.org/EU-privacy-shield/for-eu-consumers/ for more information or to file a complaint. The services of CBBB are provided at no cost to you. Under certain conditions, more fully described on the Privacy Shield website, you may be entitled to invoke binding arbitration when other dispute resolution procedures have been exhausted.