Highmark Innovations Inc. (“HII”) has created this privacy policy (“Privacy Policy”) in order to set out how we collect, use, and disclose personal information, including through the Highmark Interactive software platform (“Highmark Interactive”) that allows our registered clients (“Clients”) to create profiles and monitor cognitive patterns of end users (“End Users”). 

The privacy of our users is of great importance to us. By visiting our website located at https://www.highmark.tech/ (the “Website”) or using Highmark Interactive platform (the “Platform”) or related services in any manner (collectively, the “Services”), you acknowledge that you accept the practices and policies outlined in this Privacy Policy and you hereby consent to the collection, use and disclosure of your personal information in accordance with this Privacy Policy.


1.          WHAT DOES THIS PRIVACY POLICY COVER?


This Privacy Policy covers our collection, use and disclosure of information about identifiable individuals (“Personal Information”). This Privacy Policy does not apply to the practices of companies that we do not own or control, including those of our Clients. 
Except as described in Section 2.3 below, HII does not access or collect any End User information inputted into Highmark Interactive Platform by our Clients. Clients are responsible for their own privacy practices when using the Platform.


2.          COLLECTION AND USE OF PERSONAL INFORMATION AND OTHER DATA


2.1.     HII Account Information                                                
In order to use the Highmark Interactive Platform, users must have a valid HII account (“Account”). When a user registers for the Platform, HII collects the user’s first and last name, email address, and phone number, in order to uniquely identify the user, authenticate Account access, and provide access to the Platform.  HII also uses the email address and phone number to communicate with the user regarding Client requests, product information and support matters.


2.2.     Website Data
HII may also collect certain information from users of the Website through web forms that collect your first name, last name, email address, phone number, and company name, and may also collect Internet addresses, time spent logged into the website, and other usage data (“Website Data”). This information is logged to respond to user queries, provide ongoing email updates, and to constantly improve the quality of the Services.
The Website uses technologies such as cookies, beacons, scripts, and tags. These technologies may be used for analyzing trends, administering the website, tracking users’ movements around the website, and gathering demographic information about our user base as a whole. Various browsers may offer their own management tools for removing these types of tracking technologies.


2.3.      End User Data
When an End User registers for an Account on the Platform, HII collects first name, last name, nickname, date of birth, age, gender, location (country), email address, ethnicity, team or school affiliation, household income, education, and history of medical incidents (the “End User Data”). This information is collected to allow the End User to create and maintain a profile on the Platform and use the Services. End User Data is only viewed by HII while aiding in software support services to the Client. HII does not access or use End User Data other than with Client consent for the purpose of software maintenance and troubleshooting only. 


2.4     User Results
The Platform allows Clients to collect information to identify patients, create profiles, and monitor cognitive patterns reports. Information on concussion and post-concussion symptoms, medical history, treatment plans, and clinical notes may be recorded. This includes information regarding the End User’s cognitive reaction time, memory, delayed memory, reverse memory, trailmaking, vestibular balance, and visual eye movement (“Results”). End User Results are only accessible to Us and our Clients’ authorized users with privileges to view or manage the information (e.g. coaching staff), and may be used by the Client in the operation in monitoring and treatment of its End Users.


2.5     Anonymized Data
Client acknowledges and agrees that HII compiles and analyzes End User Data to create useful, aggregated information about client service delivery and performance and accordingly HII requires the right to generate data about the use and operation of the Platform and delivery of the Services, from reports generated pursuant to this Agreement and raw End User Data (“Analytics Data”).  Client hereby grants HII a perpetual, worldwide, non-exclusive, royalty-free license to create Analytics Data from End User Data and combine it in whole or in part with data derived through the use of the Services and with other data at HII’s discretion.  For the avoidance of doubt, Analytics Data will not include any raw End User Data, including any personal information or personal health information, and will not be distributed in a manner which identifies Client.  HII shall have exclusive ownership of any Analytics Data and the exclusive right to use the same for any purpose without restriction.


3.          STORAGE LOCATION AND TRANSFER OF PERSONAL INFORMATION


HII stores its Website Data, including Personal Information, on servers located in the United States. By submitting information, you agree to this transfer, storing or processing of your Personal Information in the U.S.. You acknowledge and agree that your Personal Information may be accessible to law enforcement and governmental agencies in those countries under lawful access regimes or court order.


4.          DISCLOSURE OF PERSONAL INFORMATION WITH THIRD PARTIES


4.1.     Service Providers and Business Partners
We may from time to time employ other companies and people to perform tasks on our behalf and need to share Client Personal Information with them to provide the Platform and related Services. Unless we tell you differently, such third parties do not have any right to use the Personal Information we share with them beyond what is necessary to assist us. This includes third party companies and individuals employed by us to facilitate our Services, including the provision of software licensing, maintenance services, database management, Web analytics and general improvement of the Platform and related Services.


4.2.     Business Transfers
If we (or substantially all of our assets) are acquired, or if we go out of business, enter bankruptcy, or go through some other change of control, Personal Information may be made available or otherwise transferred to the new controlling entity, where permitted under applicable law.


4.3.     With Your Consent
If we need to use or disclose any Personal Information in a way not identified in this Privacy Policy, we will notify you and/or obtain your express consent as required under applicable privacy laws. Moreover, HII will only share Personal Information with your school, team, coaching staff or physician with your express consent.


5.          RETENTION


We will keep your Personal Information for as long as it remains necessary for the identified purpose or as required by law, which may extend beyond the termination of our relationship with you.  We may retain certain data as necessary to prevent fraud or future abuse, or for legitimate business purposes, such as analysis of aggregated, non-personally-identifiable data, account recovery, or if required by law. All retained Personal Information will remain subject to the terms of this Privacy Policy.


6.          ACCESS, CORRECTION AND ACCURACY  


You have the right to access the Personal Information we hold about you in order to verify the Personal Information we have collected in respect to you and to have a general account of our uses of that information.  Upon receipt of your written request, we will provide you with a copy of your Personal Information, although in certain limited circumstances, and as permitted under law, we may not be able to make all relevant information available to you, such as where that information also pertains to another user.  In such circumstances we will provide reasons for the denial to you upon request.  We will endeavor to deal with all requests for access and modifications in a timely manner.
We will make every reasonable effort to keep your Personal Information accurate and up to date, and we will provide you with mechanisms to update, correct, delete or add to your Personal Information as appropriate.  As appropriate, this amended Personal Information will be transmitted to those parties to which we are permitted to disclose your information.  Having accurate Personal Information about you enables us to give you the best possible service.


7.          CHANGES TO THIS PRIVACY POLICY


We may amend this Privacy Policy from time to time. Use of Personal Information we collect is subject to the Privacy Policy in effect at the time such information is collected, used or disclosed. If we make material changes or changes in the way we use Personal Information, we will notify you by posting an announcement on our Website or sending you an email prior to the change becoming effective. You are bound by any changes to the Privacy Policy when you use the Website after such changes have been first posted.


8.          ADDITIONAL INFORMATION


Questions regarding this Privacy Policy or HII’s privacy practices should be directed to contact@highmark.tech


Last Updated: March 29, 2018