THERANICA WASHINGTON STATE HEALTH DATA PRIVACY POLICY

 

This Theranica Washington health data privacy policy (“Privacy Policy”) governs how we, Theranica Bio-Electronics Ltd. (“Theranica” “we”, “our” or “us”) collect, use, disclose, and store Health Data that we collect or receive from or about you (“User”, “you”) and supplements the information in Theranica’s Privacy Notice https://nerivio.com/privacy-policy/ and https://theranica.com/theranica-privacy-policy/. This Privacy Policy applies solely to Washington consumers who interact with us and applies only to personal information defined as “Health Hata” subject to the Washington My Health My Data Act. “Health Data” means personal information that is linked or reasonably linkable to a consumer and that identifies the consumer’s past, present, or future physical or mental health status.

We reserve the right, at our discretion, to change this Privacy Policy at any time. Such changes will be effective ten (10) days following posting of the revised Privacy Policy on the App and/or Websites (as defined below).

1. CATEGORIES OF HEALTH DATA WE COLLECT AND WHAT WE COLLECT IT FOR 
   • We Process the Following categories of Health Data:
     1. Health-related surgeries or procedures (optional).
     2. Use or purchase of prescribed medication (optional).
     3. Bodily functions, vital signs, symptoms, or measurements of the information described (optional).
     4. Data that identifies a consumer seeking health care services.
     5. We collect from you on the treatment and associated symptoms and triggers provided by you before, during and/or after treatment, including symptoms (pain level, nausea, aura, phonophobia, photophobia, allodynia and other symptoms for prodrome/aura/headache stages), other feedbacks and triggers that you provided in your answers to the diary questions, we also collect your treatment information including treatment start and end time, intensity update, pause, resume, stop actions, device safety alerts (over-current protection, over-voltage protection & no-load), and geo-location of the treatment.
     6. full name, email address, phone number (optional), user password, date of birth, gender (optional), country, language, medical insurance details (optional), mobile phone details (type/OS version, UDID), any other optional information you decide to provide/supply us with.
     7. We automatically collect certain information through your use of Theranica’s App and Websites, such as cookie, pixels, tracking technologies and similar identifiers (“Technologies”), we also collect and process Geolocation (foreground), and Location – only Country and State, your Internet protocol (IP) address, and other device identifiers that are automatically assigned to your device, browser type and language, geo-location information, hardware type, operating system, internet service provider and other information about actions taken through the use of the App and Websites. Any information that we process to associate or identify you with the data described in this subsection that is derived or extrapolated from non-health information (such as proxy, derivative, inferred, or emergent data by any means, including algorithms or machine learning).

1. We process information for the following purposes:
   1. To provide you with the App and to allow you to make use of it: (a) “Nerivio”, or (b) “Nerivio” mobile software applications, and any other mobile software application that we license (each individually, and, collectively, the “App”). We will use the information, including, without limitation, for the following purposes: (i) to provide you the App and to process your requests; (ii) communicate with you about your use of the App and for support purposes; and (iii) fulfill any instruction and/or request made by you in the context of the App (iv) to sign you up for an account and during on-boarding; (v) to allow you make use of our services through the App and Theranica’s device (“Nerivio Device“); (vi) to fulfill your re-fill purchase of the Nerivio Device; (vii) to allow you to interact with chatbot or a Theranica team member; (viii) to analyze your use of our App and to improve our App; and (ix) to customize your experience.
   2. To allow you to make use of our websites www.theranica.com and www.nerivio.com (“Websites”). We will use your information to allow you to make use of our Websites including: (i) to sign you up for an account and during on-boarding; (ii) to allow you make use of our services through the Websites; (iii) to fulfill your re-fill purchase of the Nerivio Device; (iii) to allow you to interact with chatbot or a Theranica team member; (ii) to answer your questions and to allow you to communicate with us; (iii) to analyze your use of our Websites and to improve our Websites; and (iv) to customize your experience.
   3. For Administrative Purposes. We use your information (i) to respond to your questions, comments, and other requests for customer support, or information, including information about potential or future services; (ii) to provide you with the Theranica services and App; (iii) for internal quality control purposes; (iv) to establish a business relationship; and (v) to generally administer the Theranica services and App.
   4. To Market our Websites and App. We use information to market Theranica Websites and App. Such use includes (i) notifying you about offers and services that may be of interest to you; (ii) tailoring content, advertisements, and offers for you, including, targeting and re-targeting practices; (iii) conducting market research; (iv) developing and marketing new products and services, and to measure interest in Theranica’s services; (v) other purposes disclosed at the time you provide information; and (vi) as you otherwise consent.
   5. Security purposes. Some of the abovementioned information will be used for detecting, taking steps to prevent and prosecuting fraud or other illegal activity; to identify and repair errors; to conduct audits; and for security purposes. Information may also be used to comply with applicable laws, with investigations performed by the relevant authorities, law enforcement purposes, and/or to exercise or defend legal claims.
   6. De-identified and Aggregated Information Use. In certain cases, we may or will anonymize or de-identify your Information and further use it for internal and external purposes, including, without limitation, to analyze and improve Theranica services and App (including through the use of artificial intelligence) and for research purposes. We will use this anonymous or de-identified information and/or disclose it to third parties without restrictions (for example, in order to improve our services and enhance your experience with them and/or to develop new product features and improve existing offerings).
   7. Cookies and Similar Technologies. We, as well as third parties that provide content, advertising, or other functionality on the Theranica App, Websites and App, use technologies to automatically collect information through the App and Websites. We use technologies that are essentially small data files placed on your device that allow us to record certain pieces of information whenever you visit or interact with the App and Websites. If you would like to opt out of the cookies and similar technologies we employ on the App and Websites, you may do so by blocking, deleting, or disabling them as your browser or device permits or by changing your setting and preferences.

2. CATEGORIES OF SOURCES FROM WHICH WE COLLECT YOUR HEALTH DATA
   1. Information provided by you through the App and/or collected from a device associated with you.
   2. Information provided by you through the Websites.
   3. Information automatically collected.
   4. Information from Other Sources (e.g., through third-party partners and service providers).

1. CATEGORIES OF HEALTH DATA WE SHARE AND WHO WE SHARE IT WITH
   • We may disclose the categories of Health Data listed above in Section 1 to the following categories of third parties:
     1. With our business partners with whom we jointly offer products or services. We may also share Health Data with our affiliated companies.
     2. With our vendors and service provides for the purposes of: hosting purposes; Websites and web content creation platforms in order to help us manage our Websites and App; email providers, marketing, CRM, other similar tool providers; analytic purposes in order to help us understand your usage of the Websites and App; and facilitate the storage of the data.
     3. To the extent necessary, with regulators, to comply with all applicable laws, regulations and rules, and requests of law enforcement, regulatory and other governmental agencies or if required to do so by court order.
     4. We are also obliged to report certain pharmacovigilance and product relevant information to health authorities worldwide.
     5. If, in the future, we sell or transfer some or all of our business or assets to a third party, we will (to the minimum extent required) disclose information to a potential or actual third-party purchaser of our business or assets. In the event that we are acquired by or merged with a third-party entity, or in the event of bankruptcy or a comparable event, we reserve the right to transfer or assign Health Data in connection with the foregoing events.
     6. Where you have provided your consent to us sharing the Health Data (e.g., where you provide us with marketing consents or opt-in to optional additional services or functionality).
     7. Where we receive requests for information from law enforcement or regulators, we carefully validate these requests before any Health Data is disclosed.

• • Please note that we do not sell nor share your Health Data as such terms are defined under Washington State’s ‘My Health, My Data’ law and/or Nevada’s Consumer Health Data law.

1. YOUR HEALTH DATA PRIVACY RIGHTS
   • Rights: The following rights (which may be subject to certain exemptions or derogations) shall apply to certain individuals:
     1. You have the right to confirm whether we are collecting, sharing, or selling your Health Data and to access such data.
     2. You have a right to receive a list of all third-parties and affiliates with whom we have shared or sold your Health Data and receive an active email address or other online mechanism that you may use to contact these third parties.
     3. You have the right to withdraw consent from collection and sharing of your Health Data.
     4. You have the right to have your Health Data deleted.
     5. You have a right to not be discriminated against for exercising your health data rights.

• • You can exercise your rights by contacting us at [email protected]. Subject to legal and other permissible considerations, we will make every reasonable effort to honor your request promptly in accordance with applicable law or inform you if we require further information in order to fulfil your request. Please note that due to our legal obligations for pharmacovigilance legislation, we may not be able to erase or restrict processing of your Health Data if processed for pharmacovigilance. When processing your request, we may ask you for additional information to confirm or verify your identity and for security purposes, before processing and/or honoring your request. We reserve the right to charge a fee were permitted by law, for instance if your request is manifestly unfounded or excessive. In the event that your request would adversely affect the rights and freedoms of others (for example, would impact the duty of confidentiality we owe to others) or if we are legally entitled to deal with your request in a different way than initial requested, we will address your request to the maximum extent possible, all in accordance with applicable law.

5. CONTACT US. If you have any questions, concerns, or complaints regarding our compliance with this notice and the health data protection laws, or if you wish to exercise your rights, we encourage you to first contact us at [email protected] or via in-App communicator.

Our address is: Theranica Bio-Electronics Ltd., 4 Ha-Omanut St., Netanya 4250438, Israel

Last update: September 4, 2024.