FacialDx Privacy Policy

This Privacy Policy (the “Policy”) explains how FacialDx, Inc. (“us,” “our,” or “we”) collects, uses, and discloses personal information that we collect through the FacialDx web application made available to individuals for their own personal use at https://app.facialdx.com/ (the “App”).

While we may collect and process information related to your health through the App, please note that we are not a covered entity subject to the Health Insurance Portability and Accountability Act of 1996 (“HIPAA”), and that HIPAA’s requirements do not apply to the health information we collect and process through the App. The App provides wellness-related insights only and is not intended to diagnose, treat, cure, or prevent any medical condition.

This Policy DOES NOT apply to information that we collect or receive in connection with products or services that we provide to organizational customers, including healthcare providers, athletic trainers, or other organizations that use our products and services under agreements that we have entered into with those customers. Our handling of the information we receive and collect when we provide our products and services to those customers is governed by those agreements. If you have questions about the handling of information collected by a customer of ours through our products and services, please contact the customer directly. 

This Policy also does not apply to information we collect offline or through any other apps or websites we operate that do not link to this Policy; or that you provide to, or is collected by, any third party. 

Please read this Policy carefully to understand our policies and practices regarding your information and how we will treat it. If you do not agree with our policies and practices, do not download, register with, or use this App. By creating an account and using the App, you agree to this Policy. This Policy may change from time to time (see the “Changes to this Policy” section below). Your continued use of this App after we revise this Policy means you accept those changes, so please check the Policy periodically for updates.

Information We Collect

When you sign up for an account and access and use the App, we may collect information bothdirectly from you that you choose to provide, and automatically from your use of the App.

Information We Collect Directly from You

When you use or access the App, we may collect information that you provide directly to us, such as the following: 

• Account and contact information, such as your name, email address, and phone number.
• Authentication information, such as your username and password.
• Photographic images that you submit through the App, including images of your face and eyes that you upload to the App.
• Any other information you submit through the App, including information you provide through questionnaires and contact forms within the App. 

Information We Collect Automatically

We also may collect certain other information automatically when you use or access the App, such as the following:

• Facial Scan Information. When you share images of your face and eyes through the App, we will automatically derive and collect facial scan information from those images, including measurements and analysis of your facial features and other parameters. That facial scan information may be considered a “biometric identifier” under applicable law, although it is not intended or used by FacialDx to identify you—it is used to provide inputs that the App uses to produce and provide you with wellness-related insights.
• Wellness-Related Insights. When you use the App, we analyze facial scan information derived and collected from your facial images to produce and provide you with wellness-related insights, including patterns that may reflect various psychological and physiological conditions. We store and make those insights available to you within the App. Those insights are intended solely for informational and educational use and are not designed to diagnose, treat, cure, or prevent any medical condition.
• Usage Details. When you access and use the App, we may automatically collect certain details of your access to and use of the App, including traffic data, logs, and other communication data and the resources that you access and use on or through the App.Some of this information may be collected through analytics technologies that are operated by our third party service providers. 
• Device Information. We may collect information about your device and internet connection, including the device’s unique device identifier, IP address, operating system, and browser type.
• Location Information.  When you use the App, we may automatically collect information about your approximate location, including general location information that may be associated with your device’s IP address.

How We Use Your Information

We may use information we collect about you through the App for the following purposes: 

• To provide the App and its features and functionality, including to conduct facial scans that measure and assess various parameters to produce and deliver wellness-related insights through the App.
• To develop, train, and fine-tune our machine learning and artificial intelligence (AI) models, including by using images of your face and eyes and associated facial scan information to train and improve the artificial intelligence models used by the App to produce wellness-related insights.
• To conduct medical, scientific, and other research, including to develop and enhance new and existing products, features, and functionality.
• To operate, evaluate, and improve our organization and operations. 
• To understand how you and others use our App, and to determine what features and services may interest you and others. 
• To update or modify our App features and functionality.
• To communicate with you, including about your experience with the App and to notify you of other products and services in which we think you may be interested.
• To respond to your requests and inquiries.
• To store information about your preferences, to recognize you when you use the App, and to customize your experience.
• To create aggregate or deidentified data.
• To maintain the safety, security, and integrity of our App and our technology assets, services, and organization.
• To protect the legal rights, property, safety, and security of us, our users, our customers, our employees, and others.
• To comply with applicable law, other legal requirements, and industry standards.
• To protect against malicious, deceptive, fraudulent, or illegal activity, and participating in any prosecution or enforcement of laws or agreements meant to prevent or punish such activity.
• To debug, identify and repair errors, or effectuate similar functional enhancements in connection with our App or other services.
• To enforce our policies, terms of use, contracts, or other legal rights.
• To evaluate an actual or potential merger, divestiture, restructuring, reorganization, dissolution, or other sale or transfer of some or all of our assets, including as part of bankruptcy, liquidation, or similar proceedings.
• For such other purposes as you may authorize or we otherwise disclose when we collect your information.

Disclosure of Your Information

We may disclose information we collect about you through the App, including the categories of personal information described above that you provide directly and that we collect automatically:

• To our contractors, service providers, and other third parties rely on to support the operation of the App and our organization. 
• To comply with applicable law, other legal requirements, and industry standards.
• To enforce our policies, terms of use, contracts, or other legal rights.
• To investigate or prevent unlawful activities or misuse of the App.
• To protect against malicious, deceptive, fraudulent, or illegal activity, and participating in any prosecution or enforcement of laws or agreements meant to prevent or punish such activity.
• To protect the legal rights, property, safety, and security of us, our users, our employees, and others.
• To an actual or potential buyer, successor, or other organization in the event of an actual or potential merger, divestiture, restructuring, reorganization, dissolution, or other sale or transfer of some or all of our assets, including as part of bankruptcy, liquidation, or similar proceedings.
• To such other parties as you may authorize or we otherwise disclose when we collect your information.
• As otherwise necessary to accomplish the purposes described in the “How We Use Your Information” section above.

We may also aggregate or deidentify any information that we collect through the App, such that the information is no longer personally identifiable or attributable to you. We may disclose such aggregated or de-identified information to third parties for our and their own legitimate business purposes without restriction, and will take appropriate steps that are designed to prohibit those third parties from re-identifying the information. 

Your Choices

You may choose not to provide the personal information we request through the App. However, not providing information we request may restrict your ability to use the App or its features. 

Some Internet browsers have a “do-not-track” feature that lets you tell websites that you do not want to have your online activities tracked. The App does not respond to “do-not-track” signals.  We do not allow other parties to collect personally identifiable information about your online activities over time and across different web sites when you use the App. 

Third-Party Links

The App may include links to or options to integrate with third-party websites, applications, information, and services provided by third parties. We are not responsible for the privacy policies or practices of those third parties. We encourage you to review the applicable privacy policies of such third parties if you elect to follow the links provided or integrate our App with third party applications and services. 

How We Protect Your Information

We maintain safeguards that are reasonably designed to protect the information collected through the App. Please note, however, that we cannot and do not guarantee the security of your information, as no method of data storage or transmission is 100% secure and data may be accessed, disclosed, altered, or destroyed by a breach of any of our safeguards.  

If we experience a data security incident that could compromise the security of your facial scan information, wellness insights, or other sensitive information collected through the App, we will respond to the incident by conducting an appropriate investigation and, if and as required by applicable law, by notifying you directly about the incident.

Children Under the Age of 13

The App is not intended for children under 13 years of age, and we do not knowingly collect personal information from children under age 13. No one under age 13 is permitted to use or provide any information to us on or through the App.  If you believe we might have collected any information from or about a child under age 13, please contact us using the information below.

Storage and Retention of Facial Scan Information

Unless otherwise required by a valid warrant or subpoena issued by a court of competent jurisdiction, we will securely destroy or erase facial scan information that we collect through the App upon the earlier of: (i) fulfilling the purpose for which we collected the facial scan information, such as providing you wellness-related insights, training our artificial intelligence and machine learning models, and conducting internal research and development, or (ii) two years from your last interaction with us. We will securely destroy or erase facial scan information in accordance with the reasonable standards of care applicable to our industry designed to destroy or erase the relevant information such that it cannot be practicably read or reconstructed.

State-specific disclosures

If you are an individual covered by the Washington My Health My Data Act or  Health Data Privacy Act, please visit our Consumer Health Data Privacy Notice.

Residents of certain states may have additional rights and choices, including to access, correct, obtain a copy of, or delete your personal information, and to opt out of certain processing (such as sales or targeted advertising) if and to the extent we engage in that processing. To exercise these rights, please contact us at info@facialdx.com. We will respond to your request as required by applicable law. If we deny your request, you may appeal our decision by contacting us using the same contact information.

Changes to this Policy

We may update this Policy to reflect changes in our privacy practices at any time and without prior notice to you. When we do so, we will update the Effective Date of the Policy, above. We encourage you to periodically review this Policy for the latest information on our privacy practices.

Contacting Us

If you have any questions or comments about this Policy or our privacy practices, or you would like to exercise any rights you may have under applicable law, please contact us at info@facialdx.com.