This Consumer Health Data Privacy Policy applies to residents of Washington, Nevada, Connecticut, and Texas, and is provided pursuant to the Washington My Health My Data Act, Nevada Senate Bill 370, and applicable provisions of Connecticut and Texas law. Our Privacy Policy applies in addition hereto. Eureka extends the protections described herein to all individuals using the Services.
Eureka Trials, Inc. ("Eureka," "we," "us," or "our") operates a technology platform through which individuals may identify clinical research studies that may be relevant to them.
We collect the following categories of consumer health data:
We do not collect precise location information or genetic data, and we do not collect consumer health data from any person under the age of 18.
Eureka limits the collection and processing of consumer health data to what is necessary in order to fulfill the purposes for which it is to be used.
Consumer health data is obtained from you, including your responses to screening questions; from your health care providers, through a third-party health records connectivity service, in the event you elect to connect your medical records, which is optional and is not a condition of using the Services or of being matched or referred to any study; from sponsors and research sites, which report the status of a referral you have requested; from health platform partners, in the event you were introduced to us through such a platform and consented to that sharing; and from the Services themselves, with respect to inferences and derived data.
We collect and use consumer health data in order to identify clinical research studies that may be relevant to you and to rank such studies by relevance; to transmit a referral to the sponsor or research site conducting a study to which you have requested a referral; to communicate with you concerning studies that may be relevant to you and concerning any referral you have requested; to operate, secure, and improve the Services; and to comply with our legal obligations.
We collect, use, and share only the categories of consumer health data described in this Policy and only for the purposes described herein. We will not collect, use, or share additional categories of consumer health data, nor process consumer health data for additional purposes, without first disclosing such categories or purposes and obtaining your consent.
We do not use consumer health data for purposes of targeted advertising or for profiling in furtherance of decisions producing legal or similarly significant effects.
Consumer health data is shared with sponsors and research sites, in each case only where you have requested a referral to that specific study, a request with respect to one study not constituting a request with respect to any other study; with health platform partners, with respect to the fact and status of a referral you have requested and with your consent; with service providers, as further described below; and with governmental authorities, where required by law.
The categories of service providers with whom consumer health data may be shared, each of which processes such data only at our direction, only for the purposes disclosed in this Policy, and pursuant to written agreement prohibiting use for its own purposes, are as follows:
Eureka has no affiliates as of the Effective Date hereof. In the event any affiliate is hereafter established, this Policy will be revised in order to identify such affiliate prior to any sharing of consumer health data with it.
We do not permit third parties to collect consumer health data through the Services over time or across different websites or online services.
We obtain your affirmative, opt-in consent prior to collecting your consumer health data, and separate consent prior to sharing it. Consent constitutes a clear, freely given, specific, and informed act. We do not employ pre-checked boxes and do not infer consent from inaction or from your acceptance of our Terms of Use.
Connecting your medical records is optional and is not a condition of using the Services or of being matched or referred to any study.
Where consumer health data is shared with a sponsor or research site, such sharing is undertaken solely in order to provide a service you have affirmatively requested, namely a referral to a specific study you have selected, and we obtain your specific and revocable consent with respect to each such referral.
You may withdraw any consent at any time.
We do not sell your consumer health data.
Eureka is compensated by sponsors and research sites in connection with services provided to them. Disclosure of consumer health data to a sponsor or research site is undertaken solely in order to provide the referral service you have affirmatively requested, and we do not exchange consumer health data for consideration outside of such requested service. In the event we should propose to sell consumer health data, we would first obtain your signed authorization satisfying all requirements of applicable law, which authorization you would be free to refuse or revoke without effect upon your ability to use the Services.
The following rights are provided free of charge, and we will not discriminate against you by reason of your exercise thereof:
Limitations upon deletion. We are unable to retrieve or delete consumer health data previously transmitted to a sponsor or research site at your request, such recipient potentially being obligated to retain it under applicable clinical research recordkeeping requirements. We may retain records of consents provided and such other records as are required by law.
Exercising your rights. Requests may be submitted by electronic mail to privacy@eurekatrials.com, by telephone at (929) 265-0739, or by post to Eureka Trials, Inc., Attention: Consumer Health Data, 5 Union Square West FRNT 1, #1442, New York, NY 10003. Requests should include your name, the nature of the request, and the state in which you reside. We may require verification of identity and will request only such information as is necessary in order to effect such verification. An authorized agent may submit a request upon proof of authorization.
We will respond no later than forty-five days following receipt of your request, and may extend once by an additional forty-five days where reasonably necessary and permitted under applicable law, upon notice to you.
Appeals. In the event we decline to act upon your request, we will provide the reasons therefor together with instructions for appeal. Appeals may be submitted by electronic mail to privacy@eurekatrials.com bearing the subject line "Appeal," or by post to the address above marked "Appeal." We will respond in writing within forty-five days. In the event your appeal is denied, we will provide a method by which you may submit a complaint to your state attorney general, as follows: Washington, atg.wa.gov/file-complaint; Nevada, ag.nv.gov; Connecticut, portal.ct.gov/ag; Texas, texasattorneygeneral.gov/consumer-protection.
We do not implement, use, or operate a geofence around any entity providing in-person health care services, and we do not employ any geofence in order to identify or track individuals seeking health care services, to collect consumer health data, or to send notifications, messages, or advertisements relating to consumer health data or health care services.
We retain consumer health data only for so long as is reasonably necessary in order to fulfill the purposes described in this Policy, unless a longer retention period is required by law, following which such data is deleted or de-identified.
Access to consumer health data is restricted to those employees, contractors, and service providers for whom such access is necessary in furtherance of the purposes described in this Policy. We maintain administrative, technical, and physical safeguards designed to protect consumer health data, as further described in the "Data Integrity and Security of Your Information" section of our Privacy Policy.
In addition to the rights set forth above, Nevada residents possess the right to review and to revise their consumer health data. Notice of any change to our privacy practices will be provided by posting an updated version of this Policy. We do not permit third parties to collect consumer health data through the Services over time or across different websites or online services.
We may amend this Policy from time to time. We will not collect, use, share, or sell consumer health data in a manner materially different from that disclosed at the time of collection without first obtaining your consent. Material changes will be posted here together with a revised Effective Date and noticed through the Services.
Eureka Trials, Inc.
Attention: Consumer Health Data
5 Union Square West FRNT 1, #1442
New York, NY 10003
privacy@eurekatrials.com
(929) 265-0739