NEURELIS PRIVACY NOTICE

Last updated on September 1, 2022

Neurelis (“Neurelis”, “we”, “us”, “our”) respects your privacy and is committed to protecting your Personal Information.  This Privacy Notice describes the types of Personal Information we collect and our practices for using, maintaining, sharing, and protecting it.  It also describes the rights and choices you may have with respect to your Personal Information and how you may contact us about our privacy practices.  This Privacy Notice applies to visitors to Neurelis websites (neurelis.com, valtoco.com, myneurelis.com, letstalkseizures.com, and other Neurelis-owned websites) (the “Sites”), as well as clinical trials, products, and services (collectively, the Sites and other Neurelis services are referred to as the “Services”).  This Notice does not apply to the collection and use of certain employment-related information. If you are a current or former Neurelis job applicant, employee, owner, director, officer, or contractor, please Contact Us for the appropriate notice. 

For the purposes of this Privacy Notice, “you” and “your” means you as the user of the Services.

From time to time, Neurelis may provide privacy notices related to specific products and services, including relating to clinical trial participation.  Those notices will govern the information collected in connection with those specific products and services.  Otherwise, this Privacy Notice will control.  If you have any questions about the applicable privacy notice, please contact us at info@neurelis.com and/or at our toll-free number 1-858-251-2100.

When using our Services, you may choose to interact with features from third parties that operate independently from Neurelis, such as social media widgets and links to third-party websites.  Neurelis has no control over and is not responsible for the privacy practices of such third parties.  This Privacy Notice does not apply to the extent Neurelis does not own or control any linked websites or features you visit or use.  We recommend that you familiarize yourself with the privacy practices of these third parties.

Individuals located in California should read the information available here.

PLEASE READ THIS PRIVACY NOTICE CAREFULLY. BY USING, ACCESSING, OR DOWNLOADING ANY OF THE SERVICES, YOU AGREE TO THE USE OF YOUR INFORMATION IT DESCRIBES AND TO THE OTHER TERMS OF THIS PRIVACY NOTICE.  IF YOU DO NOT AGREE TO THIS PRIVACY NOTICE, PLEASE DO NOT ACCESS AND USE THE SERVICES.

This Privacy Notice is not a contract and does not create any contractual rights or obligations.

 

1. UPDATING THIS PRIVACY NOTICE

This Privacy Notice may be updated periodically to reflect changes in our privacy practices.  We will post changes on this page and identify the date the privacy notice was last updated at the top of the page.  If you have provided an email address, you also may be notified by email at the last email address you provided us, by posting notice of such changes on the Services, or by other means, consistent with applicable law.  If a material change will apply to Personal Information we already have collected, we will additionally seek your affirmative consent.  It is your responsibility to review the Privacy Notice from time to time to view any such changes.  IF YOU DO NOT ACCEPT AND AGREE TO THIS PRIVACY NOTICE, INCLUDING ANY CHANGES, THEN YOU MAY NOT ACCESS OR USE THE SERVICES.

 

2. TYPES OF PERSONAL INFORMATION WE COLLECT

In order to provide you with our Services, we may ask you to provide us with certain details or information about you.  We or our advertising partners also may automatically collect information through the use of cookies and other tracking technologies (see below). 

Personal Information that we collect through the Services may include:

• Identifiers (such as name, email, phone number, mailing address, emergency contact information, signatures, IP address, online identifier, device identifiers, patient/care partner/HCP information, government-issued identification information, date of birth, age, gender, marital status, any other information you choose to submit to us through inquiries, messages, or other methods).
• Internet and network activity (such as analytic data related to use of the Services, clickstream data, browsing history, ad or other site interactions).
• Protected classifications (such as health and medical information, race, ethnicity, or similar data).
• Health and medical information (such as medical insurance details, information about health conditions and diagnoses, treatments, family medical history, and medications you may take that we collect in connection with managing clinical trials, conducting research, providing patient support programs, and tracking adverse event reporting).
• Commercial information (such as tax identification, financial account information, and payment information).
• Geolocation data (such as GPS data and precise location).
• Professional or employment information (such as current employer for HCP customers).
• Inferences about you (such as profiles reflecting your preferences, characteristics, or behaviors).

 The Services may use “cookie” technology and similar online tools, such as web beacons and web pixels.  “Cookies” are small files that a website stores on a user’s computer or device. The Services may use cookies for various purposes, including to keep the information you enter on multiple pages together.  Some of cookies we use are “session” cookies, meaning that they are automatically deleted from your hard drive after you close your browser at the end of your session.  Session cookies are used to optimize performance of the Services and to limit the amount of redundant data that is downloaded during a single session.  We also may use “persistent” cookies, which remain on your computer or device unless deleted by you (or by your browser settings).  We may use persistent cookies for various purposes, such as statistical analysis of performance to ensure the ongoing quality of our services.  We and third parties also may use session and persistent cookies for analytics and advertising purposes, as described herein.  Most web browsers automatically accept cookies, but you may set your browser to block certain cookies (see below).  In accordance with applicable law, we may obtain your consent separately before collecting information by automated means using cookies or similar devices.

The Services may use Google Analytics, a vendor’s service that uses cookies, web beacons, web pixels and/or similar technology to collect and store anonymous information about you, which may include non-Personal Information described above.  You can learn more about Google Analytics’ privacy policy and ways to opt out from Google Analytics tracking by visiting Google Analytics’ website.

The Services may use Adobe’s analytics and on-site personalization services, which use cookies, web beacons, web pixels and/or similar technology to collect and store information about you or your device or browser, which may include non-Personal Information described above. You can learn more about how Adobe may handle information collected through our use of its services, and your options for controlling this activity, by visiting Adobe’s website.

For more information about how we use Personal Information collected through tracking technologies and the ways you may be able to manage it, see below.

 

3. HOW WE COLLECT PERSONAL INFORMATION

We may collect Personal Information using the following methods:

• Directly from you when you provide it to us (information you enter into web forms, inquiries, messages, clinical trials, conducting research, providing patient support programs, and tracking adverse event reporting).
• From third parties, such as analytics, marketing, and email service providers.
• Automatically through tracking technologies (cookies, web beacons, log files), including over time and across third-party websites or other online services.

For more information about how we use Personal Information collected through tracking technologies and the ways you may be able to manage it, see below.

 

4. HOW WE USE YOUR INFORMATION

We may use your Personal Information for the following purposes:

• Operate, maintain, and enhance the features of the Sites, including monitoring and analyzing the effectiveness of the content on the Sites, monitor aggregate site usage data and track other usage of the Sites.
• Provide you with the Services and any related features or functions.
• Provide you with a tailored and user-friendly experience as you navigate our website and other Services.
• Promote and market the Services to you.
• Communicate with you for administrative and other business purposes, including providing you information that you have requested. 
• Conduct research on users’ demographics, interests, and behavior based upon information you provide during use of our Sites.
• Anonymize and aggregate information for analytics and reporting
• Carry out our legal and contractual obligations and enforcing our rights.
• Comply with any applicable legal obligations.
• Authenticate use, detecting potential fraudulent use, and otherwise maintain the security of the Services.
• Develop, test, improve, and demonstrate the Services.
• Protect and ensure the safety and security of our Services and users.
• Short-term transient use.
• Any other purpose with your consent.

 

5. HOW WE SHARE YOUR INFORMATION

We may share Personal Information with third parties in certain circumstances or for certain purposes, including:

• For business purposes.  We may share your Personal Information with vendors and other service providers, including our data hosting and data storage partners, analytics providers, customer service (including our medical information line) and patient support providers (including for product quality and adverse event reporting, patient co-pay assistance, etc.), recruiting services, event planning and travel organizations that help facilitate our programs, technology services and support and any data security vendors.  We also may share Personal Information with professional advisors, such as auditors, law firms, or accounting firms.
• With your direction or consent. We may share your Personal Information with third parties if you request or direct us to do so. This includes your use of social media widgets on our website.
• With affiliates within our corporate group. We may share your Personal Information with any subsidiaries within our corporate group.
• Compliance with law. We may share your Personal Information to comply with applicable law or any obligations thereunder, including cooperation with law enforcement, judicial orders, and regulatory inquiries.
• In the context of a transaction. We may share your Personal Information connection with an asset sale, merger, bankruptcy, or other business transaction.
• For other business reasons. We may also share your information to enforce any applicable terms of service, and to ensure the safety and security of the Services and/or our users.

 We also may disclose deidentified information without restriction. Note that if you make any Personal Information publicly available on the Services, anyone may see and use such information.

 

6. SOCIAL FEATURES

Certain features of the Services permit you to initiate interactions between the Services and third-party services or platforms, such as social networks (“Social Features”).  Social Features include features that allow you to click and access Neurelis’ pages on certain third-party platforms, such as Facebook and Twitter, and from there to “like” or “share” our content on those platforms.  Use of Social Features may entail a third party’s collection and/or use of your data.  If you use Social Features or similar third-party services, information you post or otherwise make accessible may be publicly displayed by the third-party service you are using. Both Neurelis and the third party may have access to information about you and your use of both the Services and the third-party service.

 

7. THIRD PARTY WEBSITES AND LINKS

Our Services may contain links to other online platforms operated by third parties. We do not control such other online platforms and are not responsible for their content, their privacy policies, or their use of your information. Information you provide on public or semi-public venues, including information you share on third-party social networking platforms (such as Facebook or Twitter) may also be viewable by other users of the Services and/or users of those third-party online platforms without limitation as to its use by us or by a third party.  Our inclusion of such links does not, by itself, imply any endorsement of the content on such platforms or of their owners or operators except as disclosed on the Services. We expressly disclaim any and all liability for the actions of third parties, including but without limitation to actions relating to the use and/or disclosure of Personal Information by third parties.  Any information submitted by you directly to these third parties is subject to that third party’s Privacy Notice.

 

8. COOKIES AND INFORMATION USED FOR ADVERTISING

As discussed above, on our Services, we may collect information about your online activities for use in providing you with advertising about products and services tailored to your individual interests. This section of our Privacy Notice provides details and explains how to exercise your choices.  You may see certain ads on other websites because we participate in advertising networks.  Ad networks allow us to target our messaging to users through demographic, interest-based and contextual means.  These networks track your online activities over time by collecting information through automated means, including through the use of cookies, web server logs, and web beacons. The networks use this information to show you advertisements that may be tailored to your individual interests.  The information our ad networks may collect includes information about your visits to websites that participate in the relevant advertising networks, such as the pages or advertisements you view and the actions you take on the websites. This data collection takes place both on our websites and on third-party websites that participate in the ad networks.  This process also helps us track the effectiveness of our marketing efforts.

Each type of web browser offers ways to restrict and delete cookies.  For more information on how to manage cookies visit the appropriate link below.

Microsoft Internet Explorer

Mozilla Firefox

Google Chrome

Apple Safari

You may disable or delete browser cookies through your browser settings.  Cookies generally are easy to disable or delete, but the method varies between browsers.  If you disable or delete cookies, or if you are running third-party software that intercepts or deletes cookies, please note that some parts of our websites may not work properly.

You can opt out of third parties collecting your Personal Information for targeted advertising purposes in the United States by visiting the National Advertising Initiative’s (NAI) opt-out page and the Digital Advertising Alliance’s (DAA) opt-out page.

Your browser settings also may allow you to transmit a “Do Not Track” signal when you visit various websites. Our Services are not configured to respond to “Do Not Track” signals received from browsers. To learn more about “Do Not Track” signals, you can visit here.

If you have further questions regarding the specific information about you that we process or retain, as well as your choices regarding our collection and use practices, please contact us using the information listed below in the “How to Contact Us” section.

 

9. CHILDREN’S PRIVACY

Neurelis Sites are not intended for children under 16 years of age, and we do not knowingly collect or sell Personal Information from children under 16.  If you are under 16, do not use or provide any information on this website or through any of its features, register, or make any purchases.  If we learn we have collected or received Personal Information from a child under 16 without verification of parental consent, we will delete it.  If you are the parent or guardian of a child under 16 years of age whom you believe might have provided us with their Personal Information, you may contact us using the below information to request that it be deleted.

 

10. DATA SECURITY

Neurelis implements security safeguards to protect your Personal Information.  We take steps to secure Personal Information through administrative, technical, and physical safeguards designed to protect against the risk of accidental, unlawful, or unauthorized destruction, loss, alteration, access, disclosure, or use.  Unfortunately, we cannot guarantee the security of information transmitted through the Internet, and where we have given you (or where you have chosen) a password, you are responsible for keeping this password confidential.

 

11. RETENTION OF PERSONAL INFORMATION

Neurelis generally retains records only as long as necessary and as required for our business operations, for archival purposes, and/or to satisfy legal requirements.  When determining the appropriate retention period for Personal Information, we take into account various criteria, such as the amount, nature, and sensitivity of the Personal Information; potential risk of harm from unauthorized use or disclosure; purposes for which we process your Personal Information; whether we can achieve those purposes through other means; and business operations and legal requirements.  Because we maintain our websites and Services to protect from accidental or malicious loss and destruction, residual copies of your Personal Information may be retained in our backup and archival systems for a limited period of time, after which the information will be automatically deleted or put beyond use where deletion is not possible.

 

12. INTERNATIONAL USERS

The Services are designed for users in the United States only and are controlled and operated by Neurelis from the United States.  Please do not use the Services if you are outside the United States.  Any information you provide to us through use of our Services may be stored and processed, transferred between and accessed from the United States and other countries that may not guarantee the same level of protection of personal data as the one in which you reside. 

 

13. NOTICE TO CALIFORNIA RESIDENTS

If you are a California resident, and in accordance with the California Consumer Privacy Act (CCPA), you have the right to: (1) request that Neurelis disclose what Personal Information we collect, use, and disclose; (2) request deletion of Personal Information; (3) opt-out of the sale of Personal Information; and (4) not receive discriminatory treatment by Neurelis for exercising these rights. 

Please note that the CCPA does not apply to, among other things:

• Information that is lawfully made available from federal, state, or local government records;
• Consumer information that is deidentified or aggregate;
• Medical information governed by the Confidentiality of Medical Information Act (Part 2.6 (commencing with Section 56) of Division 1) (CMIA) or protected health information that is collected by a covered entity or business associate governed by the privacy, security, and breach notification rules issued by the United States Department of Health and Human Services, Parts 160 and 164 of Title 45 of the Code of Federal Regulations, established pursuant to the Health Insurance Portability and Accountability Act of 1996 (Public Law 104-191) (HIPAA) and the Health Information Technology for Economic and Clinical Health (HITECH) Act (Public Law 111-5);
• A provider of health care governed by the CMIA or a covered entity governed by the privacy, security, and breach notification rules issued by HHS, established pursuant to HIPAA, to the extent the provider or covered entity maintains patient information in the same manner as medical information or protected health information under CMIA/HIPAA/HITECH Act; or
• 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.

Only you, or someone legally authorized to act on your behalf, may make a verifiable consumer request related to your Personal Information.  Instructions for submitting a verifiable request are provided below.

Collection of Personal Information in the Preceding 12 Months

We collect Personal Information as defined by the CCPA, which is information that identifies, relates to, describes, is reasonably capable of being associated with, or could reasonably be linked, directly or indirectly, with a particular consumer or household. Personal Information does not include deidentified or aggregate information, publicly-available information that is lawfully made available from federal, state, or local government records, and information covered by certain sector-specific privacy laws. 

Neurelis has collected the following categories of Personal Information about consumers in the 12 months preceding the date this Privacy Notice was last modified:

• Identifiers
• Categories of Personal Information described in California Civil Code §1798.80(e)
• Characteristics of protected classifications under California or federal law
• Commercial information
• Internet or other electronic network activity information
• Geolocation data
• Professional or employment-related information
• Inferences drawn from other Personal Information 

See Section 2 for additional detail.

Neurelis collects Personal Information from the following categories of sources:

• Directly and indirectly from you, including through your interaction with the Services
• Social media platforms
• Third party partners, such as analytics or marketing providers
• Service providers
• Automatically through tracking technologies.

See Section 3 for additional detail.

For additional detail on how we use your Personal Information, see Section 4.

Disclosure of Personal Information in the Preceding 12 Months

In the 12 months preceding the date of this Privacy Notice, Neurelis has shared Personal Information with the following categories of third parties and has disclosed the following categories of Personal Information for a business purpose, for commercial purpose, to comply with law, in the context of a transaction, or for other business reasons:

 See Section 5 for additional detail.

Requests to Know and Access

You have the right to request that we disclose the following information:

• Specific pieces of Personal Information Neurelis has collected about you;
• Categories of Personal Information Neurelis has collected about you, disclosed about you for a business purpose, or sold;
• Categories of sources from which the Personal Information is collected;
• Categories of third parties with whom Neurelis shares or to whom Neurelis sells Personal Information; and
• The business or commercial purpose for collecting and selling Personal Information.

 

Instructions for submitting a verifiable request are provided below.

You may only make a request for access twice within a 12-month period.

Requests to Delete

You have the right to request that we delete Personal Information about you that we collected and maintain, subject to certain exceptions.

Instructions for submitting a verifiable request are provided below.

Requests Not to Sell your Personal Information

During the past 12 months, we may have engaged in delivering online advertising that was tailored to your interests through the use of analytics and/or targeting cookies. We did not disclose data that would identify you by name, address, or phone number. Going forward, and before using analytics and/or targeting cookies, we will deploy a banner seeking your consent, or opt-in, to the use of such cookies.

California residents may also have the right to request certain information regarding our disclosure of Personal Information to third parties for their direct marketing purposes. To make such a request, please email privacy@neurelis.com or call us toll-free at 1-858-251-2100.

How to Exercise Your Rights

You may submit Requests to Know or Access and Requests to Delete in the following ways:

By submitting a written request to:

Compliance Department

Neurelis, Inc.

3430 Carmel Mountain Road, Suite 300

San Diego, CA 92121

By sending an email to: privacy@neurelis.com

By calling our toll-free number: 1-858-251-2100

By filling out a request form online here.

As required under applicable law, we must take steps to verify your identity before we fulfill your request. To verify your identity, we may require you to provide your name, physical address, email address, contact information, and information about your account or previous interactions with us.

We will further verify and respond to your request consistent with applicable law. We may need to request additional Personal Information from you, such as your date of birth or government identifier, in order to protect against fraudulent requests.

Once your identity is verified, we will fulfill your request within the time required by law, unless we notify you that we require additional time to respond. We may deliver the requested information to you electronically or by mail at your option. If electronically, then we will deliver the information in a portable and, to the extent technically feasible, in a readily useable format that allows you to transmit the information from one entity to another without hindrance.

Only you, or someone legally authorized to act on your behalf, may make a verifiable consumer request related to your Personal Information. You may designate an authorized agent to request any of the above rights on your behalf. You may make such a designation by providing the agent with written permission, signed by you, to act on your behalf. Your agent may contact us by the information provided above to make a request on your behalf. Even if you choose to use an agent, we may, as permitted by law, require verification of the agent’s authorization to act on your behalf, require you to confirm you have authorized the agent to act on your behalf, or require you to verify your own identity.

Right to Nondiscrimination

You have the right to be free from discriminatory treatment for exercising the privacy rights conferred by the CCPA, including not being: denied goods or services; charged different prices or rates for goods or services, including through the use of discounts or other benefits or imposing penalties; provided a different level or quality of goods or services; or suggested that you will receive a different price or rate for goods or services or a different level or quality of goods or services.

14. HOW TO CONTACT US

Should you have any questions about our privacy practices or this Privacy Notice, please email us at privacy@neurelis.com or contact us at 3430 Carmel Mountain Road, Suite 300, San Diego, CA 92121 and/or our toll-free number 1-858-251-2100.