privacy policy

Last updated December 1, 2022

Modality.AI, Inc. having its address at 149 New Montgomery Street, 4th Floor, San Francisco, CA 94105, is committed to protecting and preserving your privacy. 

This Privacy Notice provides information about how we process any personal data we collect from you, that you provide to us, or that we obtain about you in connection with your use of our online applications (“Applications”). As used herein the term “Services” means the functionalities of our Applications. 

If you use our Sites or Applications and you are not a resident of an EU Member State, you consent to the use of information that you provide us in accordance with this Privacy Policy. 

We do update this Privacy Policy from time to time so please review this Privacy Policy regularly. If we materially alter our Privacy Policy, we will notify you by posting a notice on our Site. 

Your continued use of the Sites or Applications will be deemed your agreement that your information may be used in accordance with the new policy. If you do not agree with the changes, then you should stop using the Site or Applications and you should notify us that you do not want your information used in accordance with the changes. 

Certain features of the Applications have been developed for clinical trial sponsors, and for clinical trial patients who are using the Applications under the direction of licensed health care professionals, in order to facilitate and coordinate patient visit sessions in connection with those clinical trials. We have agreed to provide our electronic data and video capture services to sponsors of clinical trials and to provide you a statement concerning your privacy rights on behalf of such sponsors, who retain at all times control over the use of your data in the course of such clinical trials (“Covered Clinical Trials”).

1. Data Processing on Behalf of Sponsors of Clinical Trials 

In the context of providing our Services, we are collecting and processing personal data on behalf of individual clinical trial sponsors. In case such processing activities are subject to the EU General Data Protection Regulation (“GDPR”) we will be acting as data processors (as such term is defined in the GDPR) pursuant to data processing agreements meeting the requirements of the GDPR from the following categories of data subjects (collectively, “Affected Data Subjects”): 

1. Individuals enrolled in a Covered Clinical Trial, 

2. persons who work with a clinical trial site and need access to our system. 

In all those instances, the clinical trial sponsors determine the means and purposes of such processing activities, including which patients will use an Application, the principal Application functions, the personal data it will collect, how that data will be used and by whom such data is accessed, and how long the data will be retained. The sponsor acts as controller (as such term is used under the GDPR) of the personal data and of the Affected Data Subjects and is responsible for giving them information about how the Application processes their personal data; we provide you the Application only in accordance with instructions from the sponsor. 

The Privacy Notices applicable to the processing of your data in connection with such Covered Clinical Trials can be found in the clinical trial material provided to you, including the Informed Consent Form reviewed in accordance with your entry into the clinical trial. 

2. Processing of Personal Data for Purposes of Improvement of Our Applications and Meeting Our Compliance Obligations

In the context of your enrollment with a Covered Clinical Trial, or if you use our system outside the context of a clinical trial, we will process certain of your personal data for purposes that may go beyond the immediate requirements of a Covered Clinical Trial. If you are a resident of an EU Member State this type of processing activity will be subject to certain special conditions and rights that you have as a data subject. 

3. Use of Data of Users not Subject to GDPR, General Privacy Practices 

In all cases not covered by the Special Privacy Notices described in Sections 1 and 2 above the following privacy practices shall be applicable e.g., if you simply visit our website or if you are a Patient using our solution, a Provider, or Authorized Personnel, as such terms are defined below. 

We will use and disclose a Patient’s health information only to provide Services to the Patient or the Provider, for those uses and disclosures permitted by applicable law and the agreement that we have with your Provider, and for any other purpose to which you specifically consent. In the event that there is a conflict or inconsistency about the handling of health information between (i) this Privacy Policy and (ii) our compliance obligations with applicable law and contractual commitments with Providers, then the latter will govern. 

Our services have been developed for the sponsors of clinical trials and population health studies, and for hospitals and medical groups (“Providers”) and for patients who are using the Sites and/or Applications under the direction of a Provider (“Patients”) to facilitate and coordinate patient study visit sessions or treatment sessions. Providers and personnel who are authorized to access and use the Sites and Applications with respect to a Patient’s information, including, without limitation, administrators, clinicians, physicians, nurses, and other caregivers are referred to here as Authorized Personnel. 

We have structured your purchase or use of our Applications through third parties, so we do not obtain your personal information through the sale or registration of our Applications. You should review and understand any additional privacy policy provided by the third party before you purchase or use our Applications through them.

4. Sites and Applications Privacy Notice 

Please read this Policy carefully to fully understand how we collect, share and protect information about you. This Policy is incorporated into and is a part of the Terms of Use of the Sites. 

By accessing and using the Sites or Applications, you agree that you have read and understand this Privacy Policy and that you accept and consent to the privacy practices and uses or disclosures of information about you that are described herein. 

In order to deliver personalized and relevant information to you through our Sites and our Applications, we collect certain information from users. 

4.1. Information We Collect 

If you are an Authorized Personnel user, we collect personal information about you when the Provider subscribes to the Services as well as when you register to use the Services. The Personal Information about Providers and Authorized Personnel that we collect includes, without limitation, the Provider’s and Authorized Personnel’s name, position, specialty, email address, phone number, and business postal address. We do not collect health information about Providers or their Authorized Personnel. 

If you are a Patient, we collect Personal Information about you when you register to use the Services as well as: 

• Details of your use of our Sites and Applications, the date and time you use our sites or applications to confirm study visits and assessments (tests) or other actions you perform while interacting.

• Audio recordings of your voice and video images, including video images of your face, of your performing one or more sequences of steps, such as completing assessments (tests) or receiving therapy sessions, or answering questions in response to prompts presented to you. This data is initially collected in a non-anonymized, non-pseudonymized format. The data is stored in an encrypted format, both when in motion and at rest. 

• Information that you provide directly to us by filling in forms on our Sites or in our Applications. 

• Health information that you provide directly to us, including but not limited to sensitive health care information. This information may be submitted in text form, recorded video, audio, or photos. 

• Information provided to us when you communicate with us for any reason. 

4.2. Use of Your Information 

The information that we collect and store relating to you is primarily used to enable us to provide our services to you in the best possible manner. In addition, we may use the information for the following purposes: 

• to provide our Services to you, to communicate with you about your use of our Services, to respond to your inquiries, and for other customer service purposes;

• to improve the functionality and performance of the algorithm underlying our Applications so as to improve its usefulness to future patients and medical science in general;

• to tailor the content and information that we may send you, to offer personalized help and instructions, and to otherwise personalize your experiences while using the Sites and Applications;

• to better understand how users access and use our Sites and Applications, both on an aggregated and individualized basis, in order to improve our Services and respond to user desires and preferences, and for other research and analytical purposes;

• to send you important information regarding the Services, changes to our terms, conditions, and policies or other administrative information;

• for our business purposes, such as data collection and analysis, audits, developing new products, and enhancing and improving our Sites, Applications, and the Services;

• as we believe to be necessary or appropriate under applicable law, including laws outside your state or country of residence: (a) to comply with legal process; (b) to respond to requests from public or government authorities including public or government authorities outside your state or country of residence as required by law; (c) to enforce our terms and conditions; (d) to protect our operations or those of any of our affiliates; (e) to protect our rights, privacy, safety or property, or that of our affiliates, you or others; or (f) to allow us to pursue available remedies or limit the damages that we may sustain.

4.3. Security 

We have put in place administrative, technical, and physical safeguards following industry best-practices for the information we collect on our Sites or through our Applications. Nonetheless, the transmission of information via the internet is not completely secure and therefore we cannot guarantee the security of data sent to us electronically on our Sites or through our Applications, and transmission of such data is therefore entirely at your own risk. 

You should take steps to protect against unauthorized access to your password, phone, and computer by, among other things, signing off after using a shared computer, choosing a robust password that nobody else knows or can easily guess, and keeping your log-in and password private. We are not responsible for any lost, stolen, or compromised passwords or for any activity on your account via unauthorized password activity.

4.4. Disclosing Your Information 

Where applicable, we may disclose your personal information to any affiliated business entities or third parties necessary to provide products and services to you consistent with the original purpose of our providing service to you. This includes, where applicable, our subsidiaries, our holding company and its other subsidiaries (if any), as well as third parties involved in the administration and operation of our products and services, including, but not limited to our cloud service provider. 

We may disclose your Personal Information, including Health Information (defined below) as follows: 

• if you are a Patient, to your Provider, and its Authorized Personnel, without further authorization for purposes of treatment, payment or operations; for other uses or disclosures permitted by law; or for purposes related to such uses or disclosures;

• to our third party service providers who provide services such as website hosting, data gathering, data analysis, customer service, email delivery services, auditing services or other similar services;

• to a third party in the event of any reorganization, merger, sale, joint venture, assignment, transfer or other disposition of all or any portion of our business, assets or stock (including in connection with any bankruptcy or similar proceedings);

• as we believe to be necessary or appropriate under applicable law, including laws outside your state or country of residence: (a) to comply with legal process; (b) to respond to requests from public or government authorities including public or government authorities outside your state or country of residence; (c) to enforce our terms and conditions; (d) to protect our operations or those of any of our affiliates; (e) to protect our rights, privacy, safety or property, or that of our affiliates, you or others; or (f) to allow us to pursue available remedies or limit the damages that we may sustain;

• to third parties for research or similar purposes, but only if such Personal Information has been de-identified.

4.5. Third Party Website and Interaction 

By accessing other third party websites or applications through our Sites or Applications, you are consenting to the terms and privacy policies of those websites. We do not accept any responsibility or liability for their policies whatsoever as we have no control over them. 

4.6. Users Only of Legal Age of Majority 

Our Sites and Applications are designed and intended for those who have reached the age of majority (18 years of age). By using our Sites or Applications, you affirm that you are at least 18 years of age or older. We are not liable for any damages that may result from a user’s misrepresentation of age. Parents or legal guardians of children under 18 years of age can agree to this Privacy Policy on their behalf. 

4.7. Data Retention 

We will retain your Personal Information for the period necessary to fulfill the purposes outlined in this Privacy Policy unless a longer retention period is required or allowed by law. 

We will retain captured audio, video, or images to any third parties, only as long as necessary to fulfill the purposes outlined in this Privacy Policy unless a longer retention period is required or allowed by law, or your consent to such retention. 

By use of the Modality service I understand that collected data from the use of the Modality service will be retained by Modality to improve the predictive algorithms and usability of Modality’s software, to maintain a biometric database to allow for comparison of collected data to determine duplicate enrollment between multiple studies and sponsors, and for other diagnostic purposes, to categorize adherence activity by disease state or other useful categories, to report high level statistics, or to support regulatory filings by Modality for future applications of Modality’s product.

By use of the Modality service I hereby authorize Modality to use its service to photograph, film, or record my image, voice, likeness, or testimonial opinions and ideas. I authorize Modality to share the photographs, film or recordings with those who have entered into a HIPAA-compliant agreement of confidentiality with Modality. I understand that personnel associated with Modality and the study site will see and hear the recordings. 

By use of the Modality service I agree that Modality shall have a right to edit or modify the recordings at its sole discretion for the purposes outlined in Section 4.2. I hereby waive any right to inspect or approve the finished audio or video recordings, photographs, or printed matter that may incorporate the recordings for the eventual use to which it may be put by Modality or any other person or entity to whom Modality may disclose it, and any claims I may have now or in the future based on that use. I further agree that Modality has the right to copyright, and indeed does own the copyright to, any finished product incorporating the recordings. I also acknowledge that Modality may choose not to use the recordings at this time, but may do so at its own discretion at a later date. 

By use of the Modality service I acknowledge that nothing has created or vested in me any ownership, copyright or other rights in the data collected. Instead, all rights in the recordings, including all copyrights or other proprietary interests of whatever kind, shall belong exclusively to Modality. I release and discharge Modality and any parties with which Modality shares the recordings, within the bounds listed in Section 4.2, from any and all claims and demands arising out of or in connection with the use of the recordings and related materials, including, without limitation, any and all claims for libel or violation of publicity or privacy.

5. Contacting Us 

We welcome any queries, comments, complaints or requests you may have regarding this Privacy Policy. Please do not hesitate to contact us at:

Modality.AI, Inc.

Attn: David Pautler

149 New Montgomery Street, 4th Floor

San Francisco, CA 94105

United States