Privacy Notice for Residents of Certain U.S. States - AcurianHealth | Your Guide For Getting Connected To Clinical Trials

Effective Date: January 1, 2021

Last Reviewed on: April 12, 2024

Below is meant to provide additional information regarding our privacy practices in U.S. states that require additional notice to consumers and/or additional consumer privacy rights.

Additional Notice and Privacy Rights for Consumers in Connecticut, Colorado, Nevada, Utah, and Virginia

This section applies to consumers who reside in the states of Connecticut (effective July 1, 2023), Colorado (effective July 1, 2023), Utah (effective December 31, 2023), and Virginia (effective January 1, 2023). This additional notice forms part of and supplements and amends, as applicable, our Privacy Policy.

We may share your personal information with third parties for our business purposes or to notify you of products or services that may be of interest to you. While we do not share personal information with third parties in exchange for money, we disclose certain information, such as certain identifiers, internet activity, location information and inferences, to marketing partners in exchange for insights and other valuable services to enrich our data to better understand customer preferences, and your state law may treats such sharing as a “sale”. To opt-out, please use the link below:

Do Not Share or Sell My Personal Information

You may also request Acurian limit the use and disclosure of your sensitive personal information to certain purposes that are permitted by law, such as providing product or service offerings, detecting security or safety concerns, preventing fraud or other illegal actions, and maintaining the quality of our service offerings. To limit the use of your sensitive information, please use the link below:

Limit the Use of My Sensitive Personal Information

Under applicable law, you may also have the following rights:

Right of Access. A right to confirm whether Acurian is processing personal information about you, and to request to access to specific pieces of that personal information.

Right of Correction. A right to correct inaccuracies in certain personal information Acurian’s may store about you; and

Right of Deletion. A right to request that Acurian delete personal information concerning you. Please note that if you have requested a service that requires the use of your personal information, we may not be able to provide that service if you choose to delete your personal information.

If any of the above rights are available to you under applicable law, you can submit a request to exercise your rights:

by email to information@acurian.com
by regular mail at Acurian, Inc., Attn: Privacy Officer, 929 N Front St, Wilmington, NC 28401.

Privacy Notice for California Residents

This Privacy Notice for California Residents (“Notice”) forms part of and supplements and amends, as applicable, our Privacy Policy. This Notice applies solely to consumers who reside in the State of California, and to information that is defined by California law as information that identifies, relates to, describes, is capable of being associated with, or could reasonably be linked, directly or indirectly, with California consumers or households (“California Personal Information”). Acurian provides this Notice to comply with the California Consumer Privacy Act of 2018 (“CCPA”).

As used in this Notice, the term “California Personal Information” does not include, and this Notice does not apply to:

publicly available information lawfully made available from federal, state, or local government records;
deidentified or aggregated consumer information; or
other information excluded from the CCPA’s scope, such as information collected as part of a clinical trial subject to the Federal Policy for the Protection of Human Subjects, also known as the Common Rule, pursuant to good clinical practice guidelines issued by the International Council for Harmonisation or pursuant to human subject protection requirements of the United States Food and Drug Administration

California Personal Information We Collect

In the twelve (12) months prior to the “Last Reviewed” date of this Notice, we have collected the following categories of California Personal Information:

Identifiers such name, username and password, email address, telephone number, mailing address, online identifiers, or other similar identifiers.
Certain Personal information categories listed in the California Customer Records statute (Cal. Civ. Code § 1798.80(e)), such as physical characteristics.
Characteristics of protected classifications under California of federal law, such as age, physical or mental disability, sex (including gender, gender identity, gender expression, pregnancy or childbirth and related medical conditions), and veteran or military status.
Sensitive personal information, such as race, medical conditions, health data, genetic information (including familial genetic information), and sexual orientation.
Internet or other electronic network activity information, such as information concerning individuals’ interactions with our websites, applications, or advertisements.
In respect of our employees and job applicants, professional or employment-related information, including current or past job history or performance evaluations.
Inferences drawn from any of the above information to create a profile reflecting a person’s preferences, characteristics, psychological trends, predispositions, behavior, attitudes, intelligence, abilities, and aptitudes.

Sources of California Personal Information

We collect the categories of California Personal Information listed above from the following categories of sources:

Directly from you, including when you provide information to us;
Indirectly from you, such as when we automatically collect technical and usage information when you use the Services;
Our third-party data partners;
Public sources; and
Third-party websites and other online services, such as social media sites and online advertisements.

Purposes for which We Collect and Use California Personal Information

We may use the California Personal Information listed above for the following business and commercial purposes:

To provide our clinical trial recruitment, enrollment, and retention services to our clients, including maintaining and updating our patient database, identifying and notifying prospective patients of clinical trials in which they may be interested, evaluating prospective patients for qualification in clinical trials, and referring patients to clinical trial sites;
To respond to your inquiries;
To administer your account;
To contact you regarding changes or updates to the Services, updates related to our service offerings, or new clinical trials;
To conduct recruiting and candidate evaluation activities and to inform our employment decisions;
To provide, support, personalize, and develop our website, applications, and product or service offerings;
To prevent 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 maintain the safety, security, and integrity of the Services, other technology assets, and our business, including the detection of security incidents;
To debug, identify, or repair errors or effectuate similar functional enhancements in connection with the Services;
To develop, improve, and deliver marketing and advertising;
For internal operational uses such as research, analytics, development, audits, and security;
For legal and operational compliance purposes, such as monitoring whether our operations are effectively implementing this policy;
To evaluate or conduct a merger, divestiture, restructuring, reorganization, dissolution, or other sale or transfer of some or all of our assets, whether as a going concern or as part of bankruptcy, liquidation, or similar proceeding
To engage in or enable internal uses consistent with our relationship with you, or compatible with the context in which you provided the information, such as internal research and development; and
For any other purpose described to you when collecting your California Personal Information before or at the time of collection.

Disclosure of California Personal Information

We may disclose California Personal Information with the following categories of third parties:

Our affiliated companies;
Our service providers;
Clinical trial sites;
Other third parties to protect our legal rights or comply with legal requirements;
Other third parties to update and/or confirm their contact lists;
Other third parties as required by law, such as to comply with a subpoena or other legal process, when we believe in good faith that disclosure is necessary to protect our rights, protect your safety or the safety of others, investigate fraud, or respond to a government request;
Other third parties involved in a merger, sale, joint venture or other transaction involving a transfer of our business or assets; and
Other third parties with your prior consent.

In the twelve (12) months prior to the “Last Reviewed” date of this Notice, we have disclosed the following categories of California Personal Information, which are described in more detail above, for a business purpose:

Identifiers
Personal information categories listed in the California Customer Records statute;
Characteristics of protected classifications under California of federal law;
Internet or other electronic network activity information;
Professional or employment-related information; and
Inferences drawn from any of the above information.

Our purposes for sharing this information are described in the “How We Share Your Personal Information” section of our Privacy Policy.

Sales and Sharing of California Personal Information

We may share your personal information with third parties for our business purposes or to notify you of products or services that may be of interest to you. While we do not share personal information with third parties in exchange for money, we disclose certain information, such as certain Identifiers, internet activity, location information and Inferences, to marketing partners in exchange for insights and other valuable services to enrich our data to better understand customer preferences, and California law may treat such sharing as a “sale”. To opt-out, please use the link below:

Do Not Share or Sell My Personal Information

Limit the Use of Sensitive Personal Information

You may request Acurian to limit the use and disclosure of your sensitive personal information to certain purposes that are permitted by law, such as providing product or service offerings, detecting security or safety concerns, preventing fraud or other illegal actions, and maintaining the quality of our service offerings. To limit the use of your sensitive information, please use the link below:

Limit the Use of My Sensitive Personal Information

Data Retention

We will retain all categories of your personal data for no longer than is necessary for the purposes stated in this Privacy Policy, unless otherwise required by law. Acurian uses the following standards to determine the retention period: the time required to retain personal data to fulfill business purposes, including providing services, maintaining corresponding transactions, controlling and improving performance and quality of the website; handling possible user queries and complaints and locating problems; whether the laws, contracts, and other equivalencies have special requirements for data retention.

Your Rights and Choices with Respect to California Personal Information

The CCPA provides California residents with specific rights regarding California Personal Information. This section describes your CCPA rights and explains how to exercise those rights.

Access, Correction, and Data Portability Rights

You have the right to request that we disclose certain information to you about our collection and use of your California Personal Information over the past 12 months. You also have the right to correct any factual errors in such information.

If you registered an account with Acurian, you may access and correct your information within your account. Otherwise, you may contact us to exercise your rights (see the Exercising Access, Correction, Data Portability, and Deletion Rights section below).

Once we receive and confirm your verifiable consumer request, we will disclose to you the following and correct any factual errors upon your request:

The categories of California Personal Information we collected about you.
The categories of sources for the California Personal Information we collected about you
Our business or commercial purpose for collecting or selling that California Personal Information.
The categories of third parties with whom we share that California Personal Information
The specific pieces of California Personal Information we collected about you (also called a data portability request).
If we sold or disclosed your California Personal Information for a business purpose, two separate lists disclosing
- disclosures for a business purpose, identifying the California Personal Information categories disclosed; and
- sales, identifying the California Personal Information categories sold and that each category of recipient purchased.

Data Sharing Rights

You have the right to opt out of Acurian sharing or disclosing your California Personal Information to a third party in any way, subject to certain exceptions. Once we receive and confirm your verifiable consumer request (see Exercising Access, Data Portability, Data Sharing, and Deletion Rights), we will cease sharing or disclosing (and direct our service providers to cease sharing or disclosing) your California Personal

Deletion Request Rights

You have the right to request that Acurian delete any of your California Personal Information, subject to certain exceptions. Once we receive and confirm your verifiable consumer request (see Exercising Access, Data Portability, and Deletion Rights), we will delete (and direct our service providers to delete) your California Personal Information from our records, unless an exception under CCPA applies.

Exercising Access, Correction, Data Portability, Data Sharing, and Deletion Rights

To exercise the access, correct, data portability, and deletion rights described above, please submit a verifiable consumer request to use by either:

Calling us at 1-833-295-5532;
Visiting https://acurianhealth.com/do-not-sell-ca/; or
Emailing us at info_california@acurian.com

Only you, or a person registered with the California Secretary of State that you authorize to act on your behalf, may make a verifiable consumer request related to your California Personal Information. You may also make a verifiable consumer request on behalf of your minor child.

You may only make a verifiable consumer request for access or data portability twice within a 12-month period. The verifiable consumer request must:

Provide sufficient information that allows us to reasonably verify you are the person about whom we collected California Personal Information, or an authorized representative.
Describe your request with sufficient detail that allows us to properly understand, evaluate, and respond to it.

We cannot respond to your request or provide you with your California Personal Information if we cannot verify your identity or authority to make the request and confirm the California Personal Information relates to you.

Making a verifiable consumer request does not require you to create an account with us.

We will only use California Personal Information provided in a verifiable consumer request to verify the requestor’s identity or authority to make the request.

Any disclosures we provide in response to a request will only cover the 12-month period preceding the request’s receipt. The response we provide will also explain the reasons we cannot comply with a request, if applicable. For data portability requests, we will select a format to provide your California Personal Information that is readily useable and should allow you to transmit the information from one entity to another entity without hindrance.

We do not charge a fee to process or respond to your verifiable consumer request unless it is excessive, repetitive, or manifestly unfounded. If we determine that the request warrants a fee, we will tell you why we made that decision, and we reserve the right to either refuse to act on your request or charge you a reasonable fee to complete your request if it is excessive, repetitive, or manifestly unfounded.

Non-Discrimination

You have a right to not receive discriminatory treatment for exercising your CCPA rights, and we will not discriminate against you for exercising any of your CCPA rights.

Changes to this Notice

We reserve the right to amend this Notice at our discretion and at any time. When we make changes to this Notice, we will post the updated notice to the Services and update the notice’s date.

Consumer Health Data Privacy Policy for Washington residents

Last Updated: March 2024

This Consumer Health Data Privacy Policy for Washington residents (“Notice”) forms part of and supplements and amends, as applicable, our Privacy Policy. This Notice applies solely to consumers who reside in the State of Washington, and to consumer health data that is defined by My Health My Data Act (MHMDA).

Consumer Health Data We Collect

In our Privacy Policy, specifically in the section titled “The Personal Information We Collect and How We Collect and Use It,” we outline that the data we gather is influenced by various factors. These include the nature of your interactions with us, the choices you make regarding privacy settings, the products and features you utilize, your location, and the relevant laws. It’s worth noting that due to the broad definition of consumer health data, several of the data categories we collect may also fall into this classification.

Examples of consumer health data may include:

Information about your health-related conditions, symptoms, status, diagnoses, testing, or treatments. For example, we may collect such information through online questionnaires or other communication with you for research studies.
Other information that may be used to infer or derive data related to the above or other health information.

Sources of Consumer Health Data

We may collect the Consumer Health Data from the following categories of sources:

Directly from you, including when you provide information to us; and
Our third-party data partners.

Why We Collect and Use Consumer Health Data

We collect and use consumer health data for the purposes

To provide our clinical trial recruitment, enrollment, and retention services to our clients, including maintaining and updating our patient database, identifying and notifying prospective patients of clinical trials in which they may be interested, evaluating prospective patients for qualification in clinical trials, and referring patients to clinical trial sites;
To respond to your inquiries;
To administer your account;
To contact you regarding changes or updates to the Services, updates related to our service offerings, or new clinical trials;
To maintain the safety, security, and integrity of the Services, other technology assets, and our business, including the detection of security incidents;
To debug, identify, or repair errors or effectuate similar functional enhancements in connection with the Services;
To develop, improve, and deliver marketing and advertising;
For internal operational uses such as research, analytics, development, audits, and security;
For legal and operational compliance purposes, such as monitoring whether our operations are effectively implementing this policy;
To evaluate or conduct a merger, divestiture, restructuring, reorganization, dissolution, or other sale or transfer of some or all of our assets, whether as a going concern or as part of bankruptcy, liquidation, or similar proceeding
To engage in or enable internal uses consistent with our relationship with you, or compatible with the context in which you provided the information, such as internal research and development; and
For any other purpose described to you when collecting your Consumer Health Data before or at the time of collection.

Our Sharing of Consumer Health Data

We may share each of the categories of consumer health data as described in the “How We Share your Personal Information” section of Privacy Policy with:

Our affiliated companies, we enable access to data across our subsidiaries, affiliates, and related companies, for example, where we share common data systems or where access helps us to provide our services and operate our business. A full list of affiliates is available here;
Our service providers, vendors or agents working on our behalf may access consumer health data for the purposes described above. For example, companies we’ve hired to provide call center support or assist in protecting and securing our systems and services may need access to data to provide those functions;
Clinical trial sites or parties involved in conducting or recruiting for clinical trials (e.g. service provider of a clinical trial site, or service provider of a sponsor of a clinical trial);
Other third parties to protect our legal rights or comply with legal requirements;
Other third parties to update and/or confirm their contact lists;
Other third parties as required by law, such as to comply with a subpoena or other legal process, when we believe in good faith that disclosure is necessary to protect our rights, protect your safety or the safety of others, investigate fraud, or respond to a government request;
Other third parties involved in a merger, sale, joint venture or other transaction involving a transfer of our business or assets; and
Other third parties with your prior consent.

How to Exercise Your Rights

MHMDA provides certain rights with respect to consumer health data, including rights to access, delete, or withdraw consent relating to such data, subject to certain exceptions. All requests to exercise such rights may be addressed:

by email to information@acurian.com
by regular mail at Acurian, Inc., Attn: Privacy Officer, 929 N Front St, Wilmington, NC 28401.

If your request to exercise a right under the MHMDA is denied, you may appeal that decision by contacting our Global Privacy Office via our online form here. If your appeal is unsuccessful, you can raise a concern or lodge a complaint with the Washington State Attorney General at www.atg.wa.gov/file-complaint.