Notice of Ochsner Connected Living Program Privacy Practices

Welcome to the Ochsner Connected Living program (the “Ochsner Connected Living Program,” which includes Ochsner Connected Home, Ochsner Connected Stability, as well as any other Ochsner Connected Living services that Ochsner may offer from time to time) provided by Ochsner Clinic Foundation and its contributing affiliates (collectively, “Ochsner”, “we” or “us”). Ochsner has developed the Ochsner Connected Living Program and related technology to give individual end-users, like you, access to tools and resources to promote improvements in health and wellness (collectively, the “Purpose”). Please read this privacy notice before getting started. This privacy notice provides important information about how the Ochsner Connected Living Program works and what Ochsner policies govern how information about you is handled.

INTRODUCTION

Ochsner Connected Living Program Overview.

Ochsner’s Connected Living is a suite of programs and product offerings designed to support aging in place and promote health, safety and independence. Ochsner’s clinical and engineering innovation teams bring together the latest digital tools and devices with clinical expertise to offer effective and convenient solutions for aging adults and their caregivers. You can see the full suite of Ochsner Connected Living programs on our website (https://connectedliving.ochsner.org/waitlist).

The Ochsner Connected Living Program collects certain information about you and other end-users, called “personal data.”

For the Ochsner Connected Living Program to work properly, Ochsner will need to collect information about each individual end-user, including you, as well as monitored household residents. In the context of this Privacy Policy, any reference to household resident exclusively applies to Ochsner Connected Home customers. For easy reference, this privacy notice calls that information “personal data” only if the information is in a format that (i) identifies the applicable end-user or household resident, (ii) can be used to determine the location of the applicable end-user (“Location Data”), or (iii) independently can be used to identify that end-user or household resident, and may include protected health information, as that term is defined under the Health Insurance Portability and Accountability Act. We collect your Location Data using GPS. So, when this privacy notice discusses “your personal data,” it means information about you or another end-user or household resident that is in a format that identifies you or them, or can be used to identify you or them, or the location of the end-user. Other types of information are not considered “your personal data,” because those types of information are not specifically linked to any individual and normally do not present a significant privacy risk.

This privacy notice only deals with specific kinds of personal data.

This privacy notice only deals with personal data processed through the Ochsner Connected Living Program or in communications associated with that program. This privacy notice does not apply to information Ochsner collects from other sources for purposes unrelated to the Program (which may be subject to different privacy policies).

This privacy notice discusses general information about how we process your personal data.

Ochsner has designed the Ochsner Connected Living Program with its end-users’ privacy in mind and has put in place appropriate measures to safeguard their personal data from unauthorized access or disclosure. This privacy notice discusses those protective measures and summarizes Ochsner’s policies for personal data processing through the Ochsner Connected Living Program. Although this privacy notice is designed to give you sufficient information to make sure you are comfortable using the Ochsner Connected Living Program (given the stated privacy policies), it is not meant to be overly detailed or comprehensive. A generalized approach is taken here to prevent bad actors from learning too much about the specific security strategies Ochsner employs to protect your personal data. Please see the contact information at the end of this privacy notice if you wish to contact us with your questions or concerns.

Do not use the Ochsner Connected Living Program or give us your personal data if you are under 18 years old.

The Ochsner Connected Living Program is designed to be used by adults (18 years old or older), only. You may not use the Ochsner Connected Living Program if you are under 18 years old. Ochsner does not knowingly collect personal data from children here. If Ochsner learns it has collected or received personal data from a child without verification of parental consent in association with the Ochsner Connected Living Program, Ochsner will delete that data. If you believe Ochsner might have any information from or about a child, please contact us at connectedliving@ochsner.org.

Do not use the Ochsner Connected Living Program or give us your personal data if you do not consent to this privacy notice.

Please review this privacy notice carefully. If you use the Ochsner Connected Living Program, you are demonstrating your consent to the privacy policies and personal data processing activities described in this privacy notice. Ochsner relies on this demonstration. IF YOU DO NOT CONSENT TO THIS PRIVACY NOTICE’S STATED POLICIES AND ACTIVITIES, YOU MAY NOT USE THE OCHSNER CONNECTED LIVING PROGRAM OR OTHERWISE GIVE OCHSNER YOUR PERSONAL DATA. For clarity, this privacy notice is a mere policy disclosure to end-users and does not form a binding contract between you and Ochsner. In short, this privacy notice is just meant to provide you with important information about how your personal data will be processed so you can make an informed decision about whether to use the Ochsner Connected Living Program.

We have the right to change this privacy notice but will provide you notice of such changes.

Ochsner may change this privacy notice (and any Ochsner Connected Living Program features) at any time, but such changes will only affect the future. While Ochsner does not need your permission to make future changes, changes will not apply to you until Ochsner posts the changes on the Program Website. Ochsner may also provide you with notice of any changes on a quarterly basis, using one or more methods intended to give you actual notice, like sending you an email notification if you have previously provided Ochsner with your email address, or creating an in-app alert. However, actual notice is not required if Ochsner took reasonable steps to notify you. Ochsner expects you to check your Ochsner Connected Living Program user account and provided e-mail account often so you can review change notices in a timely manner.

You may not continue using the Ochsner Connected Living Program if you do not consent to future changes to this privacy notice.

Your continued use of the Ochsner Connected Living Program after Ochsner provides a change notice demonstrates your consent to the change. IF YOU DO NOT CONSENT TO OCHSNER’S FUTURE CHANGES TO THIS PRIVACY NOTICE, YOU MAY NOT CONTINUE TO USE THE OCHSNER CONNECTED LIVING PROGRAM OR GIVE OCHSNER YOUR PERSONAL DATA AFTER THOSE CHANGES GO INTO EFFECT.

THE TYPES OF PERSONAL DATA WE PROCESS

We collect personal data directly from you and the Program Sensors and Devices.

Ochsner collects personal data directly from you when you provide it and directly from operating Program Sensors and Devices. Program Sensors and Devices include any type of electronic equipment that is provided to participants of the program and collects different forms of personal data. This includes, but is not limited to, an Apple Watch, Connected Home Sensors, Bluetooth enabled sensors, and program applications. You may provide your personal data to Ochsner in a variety of ways, such as when you complete an Ochsner Connected Living Program form or send Ochsner an e-mail. This personal data may include your name, mailing address, e-mail address, phone number, insurance information, digital payment information, orders, and survey responses, among other things.

We collect personal data automatically when you use the Program Technology.

Ochsner collects personal data about you or your device automatically when you use the Program Technology, including data collected for the purposes of keeping end-user activity logs, user locations, and completing transactions, among other things.

We collect personal data from third parties and other sources.

Ochsner collects personal data associated with the Program from third parties and other sources for the Purpose.

HOW PERSONAL DATA IS STORED

Some personal data may be stored locally on your device.

The Ochsner Connected Living Program may store or access personal data on your device. You may be able to manage Ochsner Connected Living Applicable storage preferences through your device’s settings. You are responsible for the security of your device, including setting up access procedures and downloading software patches. Ochsner is not responsible for any security failure involving your device.

The Ochsner Connected Living Program

The Ochsner Connected Living Program sends data between your device and Ochsner’s servers in an secured format to protect it. While stored on Ochsner’s remote servers, your personal data is stored securely at rest.

HOW WE USE PERSONAL DATA

We use personal data for different purposes.

Ochsner uses personal data associated with the Program for various reasons, including, but not limited to:

• provide you with the Program features and content, and any other information, products or services that you request from us;
• fulfill any other purpose for which the data is provided;
• give you notices about your account, including expiration and renewal notices, and otherwise communicate with you about the Program;
• send you Program Application alerts based on your location;
• carry out our obligations and enforce our rights arising from any contracts entered into between you and us, Connected Living or any Separate Contract with your third-party service provider;
• notify you when Ochsner Connected Living Program updates are available, and of changes to any products or services we offer or provide though the Ochsner Connected Living Program; and
• improve our Program and to deliver a better and more personalized experience to you and other end-users.

We may disclose your personal data to others in certain circumstances.

Ochsner may disclose aggregated information about the Program end-users, and information that does not identify any individual, without restriction. In addition, Ochsner may disclose personal data it collects or you provide:

• to its subsidiaries and affiliates;
• to contractors, service providers, and other third parties Ochsner uses to support its business and who are bound by contractual obligations to keep such data confidential and use it only for the purposes for which Ochsner discloses it to them;
• to a buyer or other successor in the event of a merger, divestiture, restructuring, reorganization, dissolution, or other sale or transfer of some or all of Ochsner’s assets, whether as a going concern or as part of bankruptcy, liquidation, or similar proceeding, in which personal data held by Ochsner about the Program users is among the assets transferred;
• to Third-Party Providers to provide their products or services to you if you have ordered those products or services;
• to otherwise fulfill the purpose for which you provide it;
• for any other purpose disclosed by Ochsner when you provide the information;
• with your consent;
• to comply with any court order, law, or legal process, including to respond to any government or regulatory request, and other applicable law;
• to enforce Ochsner’s rights arising from any contracts between you and it, including the Ochsner Connected Home Program Terms of Use (https://connectedhealth.ochsner.org/connected-living/terms-of-use-ochsner-connected-home) and the Ochsner Connected Stability Terms of Use (https://connectedhealth.ochsner.org/terms-of-use-for-ochsner-connected-stability) and for billing and collection; and/or
• if Ochsner believes disclosure is necessary or appropriate to protect its rights, property, or safety of its customers or others, which includes exchanging information with other companies and organizations for the purposes of fraud protection and credit risk reduction.

However, we do not otherwise independently sell your personal data to third parties.

HOW WE PROTECT PERSONAL DATA

We take appropriate measures to protect personal data while that data is in our custody.

Ochsner has implemented measures designed to secure personal data associated with the Program from accidental loss and from unauthorized access, use, alteration, or disclosure. All personal data you provide to Ochsner is stored on its secure servers behind firewalls, which may take the form of a virtual private computer. Any payment transactions and other personal data transfers will be encrypted using industry standard encryption protocols. However, these and other security measures may change in response to industry, market and/or technology changes.

DISCLAIMERS

We do not guarantee against data security breaches and are not responsible for unaffiliated third-party activities.

Unfortunately, the transmission of information via the Internet and digital platforms is not completely secure. Although Ochsner works diligently to protect personal data associated with the Program, it cannot guarantee the security of such personal data. Any collection or transmission of personal data is at your own risk. Ochsner is not responsible for circumvention of any privacy settings or security measures it provides. Ochsner is also not responsible for other data security breaches not directly caused by its actions or gross negligence. Ochsner is only responsible for third parties acting on its behalf and under its supervision. Ochsner is are not responsible for other third parties (including Third-Party Providers) and their data processing activities.

You are responsible for taking appropriate steps to protect your Devices and User Account.

The safety and security of your personal data also depends on you. Where Ochsner has given you (or where you have chosen) a password for access to certain parts of the Program Technology, you are responsible for keeping this password confidential. Do not share your password with anyone. You should also maintain Devices, including by promptly installing available software updates, to maximize the security features’ effectiveness.

ADDITIONAL NOTICES

We retain personal data in accordance with our data retention policies.

Ochsner retains personal data for as long as necessary to provide the Program features or for other legitimate purposes, like complying with legal requirements, handling potential disputes, and fulfilling contractual obligations. Actual retention periods vary subject to Ochsner’s retention policies.

We follow applicable privacy and data security laws when processing personal data.

Notwithstanding anything in this privacy notice to the contrary, Ochsner will follow all privacy and data security laws applicable to its processing of personal data through the Ochsner Connected Living Program in its jurisdictions of operation.

You can contact us if you have questions or comments.

If you have questions about our personal data processing practices, please contact us at connectedliving@ochsner.org.

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