USER AGREEMENT & PRIVACY POLICY

IMPORTANT: PLEASE READ THIS USER AGREEMENT & PRIVACY POLICY CAREFULLY BEFORE CHECKING THE BOX

USER AGREEMENT AND AUTHORIZATION FOR USE OF MY INFORMATION BY RENALTRACKER.COM

By checking the box on our payment forms stating "I accept the Terms and Conditions", you are indicating that you have read and understand this User Agreement (this "Agreement"), and are agreeing to the following terms as an agreement between you as a subscriber of the online services of RenalTracker.com ("RenalTracker") and RenalTracker, and you checking the box is your indication that you assent to be bound by this Agreement. You are referred to in the following agreement as "I" or "me."

As a condition to my subscription to and my right to use RenalTracker Services defined below, RenalTracker and I agree as follows:

Access to RenalTracker Services. RenalTracker operates an online wellness service enabling its members ("Members") to purchase laboratory diagnostics, report their health history and engage healthcare providers ("Health Practitioners") to obtain advice regarding the results of such diagnostics and other wellness-oriented advice (the "RenalTracker Services"). Subject to the terms of this Agreement and my payment of the Services Fees defined below, during the term of my subscription, RenalTracker grants me a non-sublicensable, non-transferable, non-exclusive subscription to access and use RenalTracker Services solely for my personal wellness, and not for resale or to provide services to third parties.

I agree that I will not, and will not attempt to: (a) interfere in any manner with the operation of RenalTracker Services, or the hardware and network used to operate RenalTracker Services; (b) sublicense or transfer any of my rights under this Agreement or otherwise use RenalTracker Services for the benefit of a third party or to operate a service bureau; (c) modify, copy or make derivative works based on any part of RenalTracker Services; (d) create Internet "links" to or from RenalTracker Services, or "frame" or "mirror" any of RenalTracker content which forms part of RenalTracker Services; or (e) otherwise use RenalTracker Services in any manner that exceeds the scope of use granted above. I agree to comply with the RenalTracker Services System Rules posted from time to time at www.RenalTracker.com or any web page and sub domains accessed through that site.

I understand that there are risks presented by participating in using RenalTracker Services including receipt by me of information about my health (such as genetic or metabolic characteristics) that I would prefer not to know, and which may indicate conditions or problems that may be upsetting to me or even incurable, and I assume those risks.

Primary Care Physician. I represent and warrant that I am in good health, have had a recent health checkup, and have a primary care physician, and I understand and agree that Health Practitioners are only providing limited wellness services and are not a substitute for seeking the advice of my primary care physician or other qualified health care professionals. I agree that I will never delay seeking advice from my primary care physician or other health professionals due to information provided through RenalTracker. I will seek emergency help when needed, and continue to consult with my primary care physician as recommended by Health Practitioners and by my primary care physician.

Changes. RenalTracker Services, and the business, development and activities of RenalTracker, are subject to change during my subscription as determined from time to time by RenalTracker in its discretion. RenalTracker has no obligations to create or include additional features or functionality for RenalTracker Services or correct any errors. RenalTracker may modify the terms of this Agreement on at least 30 days notice, and if I do not accept such modified terms I agree that I may cancel my subscription, but if I do not cancel my subscription, I agree that I am bound to such modification.

Registration and Health Information. I have provided or will provide to RenalTracker personal information that may include my name, address, telephone number, fax number, email address, insurance information, and other information required by RenalTracker to register me as a Member ("Registration Information "), and medical history, behavioral information, nutritional information and other health, family and personal background information (" Health Information"). Health Information that does not include any personally identifying information such as my name, the names of my health care providers and relatives, is my "De-Identified Information." I understand that I can update or revise my Registration Information and Health Information through a process available on RenalTracker website. I represent and warrant that (i) my Registration Information and Health Information will at all times be true, accurate and complete, and (ii) I am the person whose name and information I have provided and (iii) I am an adult 18 years of age or older residing in the United States.

Use of Services. Genetic, metabolic and other health testing by laboratories ("Testing Laboratories") will be performed independent of RenalTracker Services. I will submit samples to Testing Laboratories through a process established by RenalTracker from time to time, and I may be required to execute waivers and authorizations provided to me at the time my samples are collected. The samples I submit to Testing Laboratories may include blood, saliva, hair and other biological samples and are referred to as my "Laboratory Samples." I will not submit my Laboratory Samples directly to RenalTracker. I understand that testing on my Laboratory Samples may be ordered by my Health Practitioner without any input or approval from me. Upon my execution of the proper HIPAA Authorization, the results from such testing ("Testing Results") will be sent to RenalTracker by Testing Laboratories and Health Practitioners. I may also purchase other goods and services from third parties made available to me by RenalTracker (" Goods and Services").

Third Party Programs. I may subscribe for certain RenalTracker Services and Goods and Services through a program sponsored by a third party such as my employer, a group to which I belong or other third party. I understand that my subscription and participation through such program will be subject to the terms of such program, which may include provision to a third party administrator, your employer or other group information about me, including whether and to what extent I have participated. RenalTracker will not provide information regarding my health in a form that can be identified to me, without my specific approval through a click through or other “opt-in” mechanism.

Feedback. I may in my discretion choose to provide written or verbal feedback, comments, or input to RenalTracker relating to current or future RenalTracker Services or other opportunities for RenalTracker ("Feedback"). I hereby assign to RenalTracker all right, title and interest in any Feedback, including any Intellectual Property Rights (defined below) therein.

Costs and Payments. I acknowledge and agree that I will be responsible for all applicable fees for RenalTracker Services and the Goods and Services I purchase (the fees for RenalTracker Services are the "Services Fees") and for any applicable cancelation fees for cancelation of appointments without the required advance notice. Fees are established and subject to modification by RenalTracker from time to time as determined by RenalTracker. I understand that RenalTracker will bill me for all Services Fees and for all Goods and Services, and I will pay such invoices when they are due. RenalTracker may bill me in advance and may provide RenalTracker Services and Goods and Services only after I pay my outstanding bills. Fees for Goods and Services may include fees for Health Practitioners and Testing Laboratories, and even if RenalTracker provides a single charge for a "package" of services to me, I understand that such fees are separate and collected by RenalTracker as an agent for such Health Practitioners and Testing Laboratories. By providing my credit card account information for payment of Services Fees and other charges, I represent and warrant that the credit card for which I provide account information is my credit card and I authorize RenalTracker to charge to such credit card all applicable charges for the RenalTracker Services and Goods and Services I have ordered.

Refund Policy. I acknowledge and agree that due to the digital nature of the product and service provided by RenalTracker, I am not eligible for a refund once access has been granted to the renaltracker program or I have gone through the onboarding process and gone through the features of the program including but not limited to the curriculum and coaching.

Use of My Information. RenalTracker will maintain my Registration Information, Health Information, Testing Results, records regarding my orders of Goods and Services and all other information collected by RenalTracker from me (collectively all of this information is "My Information") in a computer database maintained by RenalTracker to the extent RenalTracker determines from time to time, and possibly in hard copy as well. I understand and agree that RenalTracker will use My Information in accordance with the RenalTracker Privacy Policy located here as it may be modified by RenalTracker from time to time under the terms of that policy.

No Medical or Health Services. I understand that RenalTracker is not a Health Practitioner or a Testing Laboratory, and RenalTracker does not provide medical, health or other professional services or advice, nor does RenalTracker itself perform any testing on my samples to provide Testing Results. RenalTracker brings together Health Practitioners and Members while facilitating data gathering and conducting data analyses that may help Health Practitioners and Members work together to help Members take a more active role in their well being. I understand and agree that Health Practitioners are not the employees of RenalTracker and are not providing services on behalf of RenalTracker, but instead are independent professionals solely responsible for the services each provides to me. RenalTracker does not practice medicine or any other licensed profession, and does not interfere with the practice of medicine or any other licensed profession by Health Practitioners, each of whom is responsible for his or her services and compliance with the requirements applicable to his or her profession and license.

HIPAA Acknowledgment. I also understand that RenalTracker is not a "covered entity" as defined in the Health Insurance Portability and Accountability Act and the regulations promulgated under that Act ("HIPAA"). However, I understand that my Health Practitioners and Testing Laboratories are "covered entities" that are subject to the provisions of HIPAA pursuant to 45 CFR 103. Therefore, I understand and agree that my Health Information provided to RenalTracker by Testing Laboratories or my Health Practitioners is subject to or protected by HIPAA. I agree to provide a separate HIPAA AUTHORIZATION available at https://www.renaltracker.com/hipaa_authorization/ before accessing RenalTracker Services, which RenalTracker is authorized to provide to my Health Practitioners and Testing Laboratories but I understand that my Health Practitioners and Testing Laboratories may require my execution of additional documents authorizing their disclosure of My Information. My Health Practitioners and others I authorize will have access to My Information, and RenalTracker may use My Information as provided in this Agreement and my applicable HIPAA Authorization.

Limitations. NEITHER PARTY WILL BE LIABLE FOR ANY CONSEQUENTIAL, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE OR EXEMPLARY DAMAGES, OR FOR DIRECT DAMAGES IN AN AMOUNT GREATER THAN $10,000, EXCEPT FOR A VIOLATION OF SECTION 15. NEITHER RENALTRACKER NOR ITS OFFICERS, DIRECTORS, EMPLOYEES AND AGENTS ARE NOT LIABLE FOR THE ACTIONS OR OMISSIONS OF TESTING LABORATORIES OR HEALTH PRACTITIONERS, AND I HEREBY AGREE THAT I WAIVE ANY AND ALL CLAIMS AGAINST ANY OF THEM ARISING FROM OR RELATING TO THE SERVICES PROVIDED TO ME BY TESTING LABORATORIES OR HEALTH PRACTITIONERS.

Termination. Unless earlier terminated pursuant to this Agreement, the term of this Agreement ("Term") will commence upon my checking the "Accept" box or clicking payment button and will continue for the period of time I am a subscriber to RenalTracker Services. Either party may terminate this Agreement at any time on written notice with or without any reason. Upon termination:

RenalTracker will not thereafter share Registration Information with any other party. RenalTracker may continue to use My Information as permitted in the RenalTracker Privacy Policy. My access rights to RenalTracker Services shall terminate. All outstanding fees will become due and payable. All Sections which by their nature survive termination of this Agreement shall survive.

I understand that, upon termination, I will not receive any refund or partial refund for any charges already billed to my account. I understand and agree that termination of this Agreement is my sole right and remedy with respect to any dispute with RenalTracker. This includes, but is not limited to, any dispute related to, or arising out of: (1) any term of this Agreement or RenalTracker's enforcement or application of this Agreement; (2) any policy or practice of RenalTracker or RenalTracker's enforcement or application of these policies; (3) my ability to access and/or use RenalTracker Services; (4) any RenalTracker software or services provided by or through RenalTracker; or (5) the amount or type of fees, applicable taxes, billing methods, or any change to the fees, applicable taxes, or billing methods.

Notices. If there is an actual or suspected breach of the security of My Information, or any unpermitted disclosure or use of My Information, and RenalTracker is required to provide notice of such actual or suspected breach or unpermitted disclosure or use to me under applicable federal or state law I hereby agree that such notice may be provided by RenalTracker by email to the email address provided by me during my member registration, or as updated by me thereafter by written notice to RenalTracker.

No Warranties. ALL SERVICES AND PRODUCTS PROVIDED BY RENALTRACKER ARE PROVIDED "AS-IS" WITHOUT ANY WARRANTY EXPRESS OR IMPLIED, AND RENALTRACKER DISCLAIMS ALL IMPLIED WARRANTIES, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A SPECIFIC PURPOSE. Without limiting the preceding sentence, I acknowledge and agree that RenalTracker is not responsible for the actions or omissions of my Health Practitioners or Testing Laboratories.

Ownership. RenalTracker owns all right, title and interest to its software, processes, methodologies, documents and other materials, and all patent, copyright, trademark, and other rights of any nature arising from or relating in any way thereto ("Intellectual Property Rights"). No right to the Intellectual Property Rights of RenalTracker is granted to me except to permit me to use RenalTracker Services as a Member.

Severability. Any provision of this Agreement determined to be void, invalid or unenforceable will be deemed modified to the minimum extent necessary to be effective, valid and enforceable, and the other provisions of this Agreement will in full force and effect be enforceable according to their terms.

Miscellaneous. Any term of this Agreement may be amended or waived only with the written consent of the parties. This Agreement, including any exhibits hereto, constitutes the sole agreement of the parties and supersedes all prior agreements, understandings, representations and communications with respect to the use of RenalTracker Services or the purchase of Goods and Services by me. Any notice required or permitted by this Agreement will be in writing and will be deemed sufficient upon receipt, when delivered by email to the most recent email address provided to the sending party by the receiving party. The validity, interpretation, construction and performance of this Agreement will be governed by the laws of the State of California, without giving effect to the principles of conflict of laws.

Binding Arbitration and Equitable Relief. Any dispute arising under or relating in any way to this Agreement will be resolved exclusively by final and binding arbitration in San Francisco, California under the rules of the American Arbitration Association, except as set forth in the next sentence. Pending resolution by such final and binding arbitration, either party is entitled to seek temporary and preliminary specific performance and injunctive relief in any court of competent jurisdiction, without the posting of bond or other security, and the parties agree to the personal and subject matter jurisdiction and venue of the courts located in San Francisco, California, for any such action.

HIPAA Privacy Authorization Form

Authorization for Use or Disclosure of Protected Health Information (Required by the Health Insurance Portability and Accountability Act 45 CFR Parts 160 and 164 and California Civ. Code 56.11)

I hereby authorize all health care providers (Health Practitioners) and testing laboratories (Testing Labs) that provide services to me in connection with my subscription to services provided by RenalTracker.com (RenalTracker) to use and/or disclose the protected health information described below to RenalTracker as follows.

Authorization for Release of Information. I hereby authorize the release of my complete health record contained in my account with RenalTracker (including without limitation all Health Practitioner notes and diagnoses and Testing Labs results and the information I have contributed to my health record contained within my account), covering all past, present and future periods,

This health information may be used by RenalTracker in order to provide the RenalTracker services that I subscribed to and for any other uses that I consent to from time to time pursuant to the policies and agreements applicable to my subscription to services provided by RenalTracker.

This authorization shall be in force and effect until I revoke it in accordance with the terms below.

I understand that I have the right to revoke this authorization at any time by providing written notice to support@renaltracker.com. I understand that a revocation is not effective to the extent that any person or entity has already acted in reliance on my authorization or if my authorization was obtained as a condition of obtaining insurance coverage and the insurer has a legal right to contest a claim. I further understand that, upon my revocation, my Health Practitioners and Testing Labs will no longer be able to disclose my health information to RenalTracker, and that the RenalTracker services therefore will no longer be available to me.

I understand that my treatment, payment, enrollment or eligibility for benefits will not be conditioned on whether I sign this authorization. However, I understand that failure to provide this authorization will prevent my Health Practitioners and Testing Labs from disclosing my health information to RenalTracker, and that the RenalTracker services therefore will not be available to me.

I understand that information used or disclosed pursuant to this authorization may be disclosed by the recipient and may no longer be protected by federal or state law.

I understand I have the right to receive a copy of this authorization by sending a written request to support@renaltracker.com.

Privacy Policy

Version 1.1.1

Updated 29 January 2021

Your privacy is important to us. This Privacy Policy describes how Binnovate Digital Health B.V. The Netherlands, Binnovate Digital Health US., Inc. USA, (“Binnovate”) collects data from you through our interactions with you, via our various products and programs services, and also describes how we use and store that data with your explicit consent. This Privacy Policy identifies the choices you can make about the data we collect and store, and, how you may grant or revoke consent to those processes. 

Binnovate offers a range of products and services focused on helping users learn how to manage their Chronic Kidney Disease. They include the RenalTracker Program and other related products. The RenalTracker Program includes an online learning module, coach chat functionality, and digital renal dieting support tools (all collectively “Services”). Your data is necessary for us to provide the Services.

The prime purpose of collecting and using your data is to allow us to properly measure your learning progress and create a more personalized self-management experience. The use of your collected personal data is necessary for Binnovate to deliver Services that involve analyzing and evaluating your current experience with the Services. We do not and will not sell your data to third parties.

Please carefully read this Privacy Policy and also our Terms and Conditions for your specific Services product or solution to understand how Binnovate may collect, use and share your personal information with your consent. The terms “we”, “us” or “Binnovate” are each intended as reference to Binnovate Digital Health US., Inc. USA (for USA/Canada-based user accounts) and Binnovate Digital Heath B.V. (for all other user accounts).

Why we process your personal data and the legal basis for processing

We process your personal data only if you consent to this processing for purposes of providing you the RenalTracker program.

Under certain laws we are required to state the legal basis for processing your personal data and special category data. We process your personal data on the legal basis that processing is required to provide you with the RenalTracker program and that processing is required to comply with our legal obligations. We rely on your consent to process any health data that is classified as a special category of personal data.

How We Collect and Use Personal Data

Binnovate collects data to operate effectively and provide you with the appropriate advice and recommendations to follow according to the general clinical guidelines in the daily management of CKD. You have the option to decline when asked to provide personal data. But if you elect not to provide data that is necessary to a product or service feature, you may not be able to use all Services products or features given the provided information is necessary for us to perform certain critical Services tasks and to support Services features.

Binnovate does not sell your data to advertisers, nor does it use what you provide in your health profile, answers to questionnaires, or other interactions to target external ads to you. We use the data through our interactions with you to personalize education/diet advice and insights along with recommendations of relevant Services that may help you learn about CKD management based on analysis of your collected learning/profile data.

We use collected data to continually improve our product and services including adding new features and enhancing accuracy of the platform. For example, we use learning data and demographics to improve the relevancy of the CKD education advice, insights and recommendations we provide by training models and algorithms.

The data we collect varies based on your interactions with Binnovate, and your selections regarding various Services product settings and the specific product and features you may utilize. The following are a list of the categories of data we collect:

Personal Contact Data, Credentials and Protected classified information

Data We Collect: Basic account data that includes your first and last name, phone number, email, IP address, postal address, username and password. This may also include preferred language. All of our databases are encrypted, additionally within the database certain identifiers including your name, password and email address are all further encrypted so administrative staff cannot view them to help safeguard against a data breach. If access to this information is required for a customer service request, consent will first be requested of the user.

Why: We collect this information to authenticate, secure and provide you with access to our Services. We also use this information to communicate with you as to your account, learning progress, news and other information that may be pertinent to you which you may opt out of.

In the case where you communicate interest in being connected with a local healthcare provider, we will forward (with your written permission) your first and last name, phone number, and email to them. Our partner healthcare providers are Nephrology  that provide services in the area from which the personal information was collected. 

Personal Nutrition Data:

Data We Collect: In order for your coach to specify which nutrients to restrict with the food checker, during onboarding you are asked to send a message discussing your relevant lab results. Under Settings, you are also recommended to input your medical comorbidities, food allergens, and lifestyle habits.

Why: While there are general nutrition guidelines, more personalised advice can be more effective in helping you make kidney-friendlier choices. 

During a coaching call or chat, your Coach has access to the info you provided in your profile. This info is needed to give you more relevant recommendations based on your situation. 

The ingredient checker displays information based on default nutrient restrictions upon account creation. To get personally relevant information on an ingredient, these nutrient restrictions should be based on the lab results provided to the coach. The coach is then able to specify these nutrient restrictions for your account.

Kidney Function Data:

Data We Collect: You have the option to input your GFR readings based on your lab results.

Why: Keeping track of your GFR, an indicator of how well your kidneys are filtering, helps you and your coach determine what progress has been made over time. 

Blood Pressure Data:

Data We Collect: If you set up and enable a connection between your Withings BPM, your Withings Accounts, and the RenalTracker App, we are able to display your Blood Pressure readings on your RenalTracker profile. If you do not have a Withings BPM can also choose to manually input your Blood Pressure readings in the App.

Why: Combined with your GFR and personal nutrition data, your blood pressure helps you and your coach understand what progress has been made over time.

Self-Management Data:

Data We Collect: Through questionnaires pre-/during/post-program, we may ask you questions relating to your CKD management knowledge and your beliefs about your ability to manage CKD. This information may include quizzes, assignments, surveys, reflections prompts, and other related information pertaining to your daily management of your CKD.

Why: We collect information regarding your perceived ability to manage your condition in order to match your profile to the learning modules.

Usage Data:

Data We Collect: Data about your device and how you and your device interacts with Binnovate and our products and services can be necessary to provide you a more personalized experience.

Technical Information: We collect information from your browser, computer, or mobile device when you access or use our Products and Services, such as browsing history and search history within our sites. This information includes device and network information, cookies, log files and analytics information which we use to increase our ability to improve our services.

Customer Service / Troubleshooting: When you engage with customer service, we collect data about you, your device, software, app, and other details related to the issue. When you contact us for customer support, any phone conversations, email correspondences or chat sessions with our representatives may be monitored and recorded. These may also include error and performance reports used to help customer support in identifying potential issues.

Why: We use data to improve customer service and efficient troubleshooting of potential user issues. We use data to develop aggregated analysis and business intelligence to enable us to operate, improve, make informed decisions, secure, and report on performance of the business.

Program Content:

Data We Collect: We collect content that you may share with Binnovate which may include posts, feedback, reviews, files, questions, information, or comments through your social media, learning course discussions,  customer service including your coach, or the community.

Why: We may use data we collect at an aggregated level (no personal identifiers included) to gain new insights into CKD management which may be used by the company or its partners to improve the overall state of CKD management and patient engagement. Such insights may be published from time to time. All data will have any personal identifiers removed. This information is a valuable contributor toward accurate CKD management and patient engagement as scientific insights gained from this information can be used to continually improve Binnovate’s products and services.

Reasons We Share Personal Data

We only share your personal data with your consent or as necessary to complete any transaction or provide any product or service you have requested or authorized. For example, you may wish to share your blood pressure data with a connected third-party partner, which can occur only with your consent.

When you provide payment data to make a purchase, we or authorized agents of the company share payment data with banks and other entities that process payment transactions or provide other financial services, and for fraud prevention and credit risk reduction.

We share personal data with subsidiaries, vendors, partners or agents working on our behalf for the purposes described in this statement to provide our Service. An example being we use 3rd parties for cloud hosting of data and customer service support. These companies must follow our data privacy and security requirements and are not allowed to use personal data they receive from us for any other purpose.

We may share your information with third parties who provide services to Binnovate such as supporting and improving the Services, promoting the Services, processing payments, or fulfilling orders. These service providers will only have access to the information necessary to perform these limited functions on our behalf and are required to protect and secure your information. We may also engage service providers to collect information about your use of the Services over time on our behalf so that we or they may promote Binnovate or display information that may be relevant to your interests on the Services or other websites or services. Binnovate is not responsible for the terms or policies of third parties.

Subject to your privacy settings, your information and content may be publicly accessible should you authorize that, which is your choice.

We may share your information with affiliates under common control with us, who are required to comply with the terms of this Privacy Policy with regard to your information. If Binnovate becomes involved in a business combination, securities offering, bankruptcy, reorganization, dissolution or other similar transaction, we may share or transfer your information in connection with such a transaction.

In the case where you communicate interest in being connected with a local healthcare provider, we transfer it to our partner healthcare provider clients to enable them to deliver to you, products, services, and information that you have expressed interest in. We may do this because you give  consent. Once we have delivered your personal information to our partner client, that partner client becomes the controller of your personal data and they will treat your personal data in accordance with their privacy policy. Once your per data has been delivered to our partner client we are no longer responsible for your personal data except in relation to your use of our other services. Our partner clients have their own privacy policies in relation to the data they process. You can ask them about their privacy policy when they contact you.

We may preserve and share your information with third parties, including law enforcement, public or governmental agencies, or private litigants, within or outside your country of residence, if we determine that such disclosure is reasonably necessary to comply with the law, including response to court orders, warrants, subpoenas, or other legal or regulatory process. We may also retain, preserve or disclose your information if we determine that disclosure is reasonably necessary or appropriate to prevent any person from death or serious bodily injury, to address issues of national security or other issues of public importance, to prevent or detect violations of our Terms of Service or fraud or abuse of Binnovate or its members, or to protect our operations or our property or other legal rights, including by disclosure to our legal counsel and other consultants and third parties in connection with actual or potential litigation.

We may share your information with third parties when we forward Digital Millennium Copyright Act (DMCA) notifications, which will be forwarded as submitted to us without any deletions.

Please note some of our products and services include links to those of third parties whose privacy policies differ from Binnovate. Additionally, through affiliate product or service recommendations, you may elect to select links to partner sites whose privacy policies differ from Binnovate. Should you provide personal data to any of those products and services or partners, your data shall be governed by their respective privacy policies. We are not responsible for third-party practices or policy terms.

We may also have to disclose personal data necessary to:

• Protect our customers security, or to prevent the loss of life or severe injury
• Operate and maintaining the security of our products which include internal and 3rd party computer systems and networks vital to the operation of our products;
• Protecting the rights or property of Binnovate, including enforcing the terms governing use of the services.

While Binnovate continues to work hard to protect your personal information, no data transmission over the Internet can be guaranteed to be absolutely secure, and Binnovate cannot ensure or warrant the security of any information you transmit to Binnovate. Transmitting personal information is done at your own risk.

To learn more please also refer to the Binnovate Terms & Condition document.

Access and Control of Your Personal Data

You can view and manage your data via the respective Binnovate app or website portal based on the product you are using to view and manage your data. For example, you can view and update your profile data, user settings, and view messages exchanged with your coach.

Deleting Information and Accounts

You may request that your account is deleted by contacting the company at support@renaltracker.com or by phone at +1 888 207 0580. Once deleted, your data, including your account, activities and messages cannot be reinstated.

Note that content you have shared with others or that others have copied may also remain visible after you have deleted your account or deleted the information from your own profile. Your public profile may be displayed in search engine results until the search engine refreshes its cache.

Access and Porting

You can access much of your information by logging into your account. If you require additional access or if you are not a Binnovate member, contact us at support@renaltracker.com or by phone at +1 888 207 0580. 

Rectify, Restrict, Limit, Delete Requests

You can also rectify, restrict, limit or delete much of your information by logging into your account. If you are unable to do this, please contact us at support@renaltracker.com. Binnovate will generally respond to your request within thirty (30) days or less.

Objection Rights

Where we process your information based on our legitimate interests explained above, or in the public interest, you can object to this processing in certain circumstances. In such cases, we will cease processing your information unless we have compelling legitimate grounds to continue processing or where it is needed for legal reasons.

Revoking consent

Where you have previously provided your consent, such as to permit us to process health-related data about you, you have the right to revoke or withdraw your consent to the processing of your information at any time. For example, you can revoke or withdraw your consent by updating your settings. In certain cases, we may continue to process your information after you have withdrawn consent if we have a legal basis to do so or if your withdrawal of consent was limited to certain processing activities.

Complaint Rights

Should you wish to raise a concern about our use of your information (and without prejudice to any other rights you may have), you have the right to do so with your local supervisory authority.

Retention of Information

We retain information as long as it is necessary to provide the Services to you and others, subject to any legal obligations to further retain such information. Information associated with your account will generally be kept until it is no longer necessary to provide the Services or until you ask us to delete it or your account is deleted whichever comes first. For example, when you withdraw your consent for Binnovate to process your health-related information, Binnovate will delete all health-related information you uploaded. Following the deletion of your account, it may take up to 30 days to fully delete your personal information and system logs from our systems. Additionally, we may retain information from deleted accounts to comply with the law, prevent fraud, collect fees, resolve disputes, troubleshoot problems, assist with investigations, enforce the Terms of Service and take other actions permitted by law. The information we retain will be handled in accordance with this Privacy Policy.

Information about you that is no longer necessary and relevant to provide our Services may be de-identified and aggregated with other non-personal data to provide insights which are commercially valuable to Binnovate, such as statistics of the use of the Services. This information will be de-associated with your name and other identifiers.

Should you delete your Binnovate Account, aggregate de-identified product data may be retained in our database for use in Services product maintenance and improvements, and to otherwise advance CKD self-management analytics.

When you submit personally identifiable information to us through the Registration Pages as part of the Service, you may be given an opportunity to opt in to receiving additional information from or on behalf of Binnovate entities as part of the Service and otherwise, including notifications and program tips forwarded by parties providing the Service App, and/or selected third parties at the time of submitting your personally identifiable information to us. By using our product, you have opted in to be added to our list of users who will receive promotional and marketing communications from us, our partners and/or other third parties. You can opt out of sharing information with us by contacting us at support@renaltracker.com.

You can opt out of receiving products and services recommendations by discontinuing use of our product and/or Service or communicating a request to opt-out of receiving that information from us. If you discontinue your use of our product and/or the Service for a period of ninety days or more, we may require you to re-register or otherwise stop communicating with you electronically.

If you cannot access, edit or delete your personal data collected by Binnovate using the mechanisms above or directly using the products, apps, website, or related interfaces you can always contact Binnovate Customer Support via support@renaltracker.com. You can cancel your account at any time as well by contacting Customer Support. We will work to respond to requests to access, edit or delete your personal data within 30 days.

How can you exercise your rights provided under the CCPA?

Under the CCPA, Californians have the following rights, we extend these rights to all US users:

Right to Know:

You have the right to request that we disclose to you the Personal Information we collect, use, or disclose, and information about our data practices;

Right to Request Deletion:

You have the right to request that we delete your Personal Information that we have collected from you;

Right to Non-Discrimination:

We will not discriminate against you for exercising any of these rights.

To exercise your “right to know” or your “right to request deletion,” contact us by email on support@renaltracker.com.

Cookies and Similar Technologies

Binnovate uses cookies and similar technologies for several purposes, depending on your product or service, including:

• Sign-in and Authentication: When you sign into the Application or Website using your Binnovate account, we store a unique code in an encrypted cookie on your device. This will allow you the ability to access without having to sign in each time you use the Application or Website.
• Storing Preferences and Settings: Allowing you to save preferences and settings so that you do not have to be reset each time you use the Application or Website.
• Security: Utilizing cookies to detect fraud and abuse of our Applications, Websites and services.
• Social Media: To provide ability to share content on social media we may include social media cookies to provide such a service feature.
• Reporting Bugs and Feedback: We may use cookies to allow you to report product issues and feedback on the Application or Website.
• Analytics and Performance: To provide our products and services, we use cookies and other similar technologies to gather usage, performance data and for use in back-end activities to ensure the respective Applications and Websites remain up and running in an efficient manner. For example, we use Binnovate and third-party analytic partner cookies to monitor number of unique visitors to develop statistics about operations of our products and services.

In addition to the cookies and other similar technologies Binnovate sets when you visit our Application and Website properties, third parties may also set cookies when you visit our sites which in many cases are parties we have hired to provide services on our behalf including site performance analytics or content. In such cases you may be connected to those third-party servers to retrieve that content or services and they may be able to set or read their own cookies on your device and collect information about your online activities.

To help us monitor site performance analytics we use web beacons or similar technologies from third-party analytics providers. These technologies enable the analytics providers to set or read their own cookies or other identifiers on your device, through which they can collect information about your online activities across applications, websites or other products. However, we prohibit these analytics providers from using web beacons on our sites to collect or access information that directly identifies you (such as your name or email address). You can opt out of data collection or use by some of these analytics providers by clicking the following links:

• Google Analytics: tools.google.com/dlpage/gaoptout (requires you to install a browser add-on)
• Mixpanel: https://help.mixpanel.com/hc/en-us/articles/360001113426-Opt-Out-of-Tracking
• Salespanel: https://support.salespanel.io/hc/en-us 

Other Important Privacy Information

Below, you will find additional privacy information you may find important. Should you have any questions please contact us at Customer Support at support@renaltracker.com.

Security of Personal Data

Binnovate is committed to protecting the security of your collected personal data. We use a variety of security technologies and procedures to help protect your personal data from unauthorized access, use or disclosure. For example, we store the personal data you provide encrypted and on computer systems that have limited access and are in controlled facilities.

Collection of Data from Children

We do not intend to market to or interact with, or secure any User Data from, children sixteen (16) years old or younger. Our Service is not by design reasonably likely to attract children sixteen (16) years old or younger to purchase or otherwise use our Service.

You must be over the age of eighteen (18) to create an account and use our Service.

If you are a minor and wish to utilize our product or the Service, your parents or legal guardians (hereafter your “Parents”) must engage in purchasing the product or Service and additionally if you are over eighteen (18) years old give us their written consent by contacting our customer service department. Our teams will answer any questions that you or your Parents may have concerning the use of our products and services and the rules relating to the collection of personal data.

Personal Data Breach Response

Should a data breach occur the company shall announce breach response for affected users within seventy-two (72) hours of such an event.

Retention of Personal Data

Binnovate retains personal data for as long as necessary to provide the products and fulfill the transactions you have requested or for other essential purposes such as complying within our legal obligations, resolving disputes, financial records and enforcing our agreements. Because these needs may vary for different data types in the context of different products the retention period may vary significantly.

• How long is personal data needed to operate our Products and Services? Apart from where the law stipulates a specific period, we retain your User Data for a period not exceeding the period required for the purposes for which it was collected and processed. But general formation from the system after 7 years of inactivity or as local legal requirements dictate.
• What is the duration by which personal data is deleted? Upon confirmation personal data, not necessary for legal, contractual, or similar obligation will remain on our system for up to 30 days before final deletion. Aggregate product usage data with Personal Identifiable Information removed will still be retained in our database for use in product maintenance and improvements and sleep science analytics.
• Is Binnovate subject to a legal, contractual, or similar obligation to retain the data? Situations including mandatory data retention laws in the applicable jurisdiction, government orders to preserve data relevant to an investigation, or data that must be retained for the purposes of litigation may result in varying retention periods.

Self-Management Intervention Study or Beta Releases

From time to time, Binnovate may offer opportunities to participate in CKD self-management intervention studies or access to beta products and features. As a result, these may change the data collected and the user experience that employ different privacy and security measures from those typically present in our products. If you participate in such a study or beta release you may need to enter into a different agreement for access.

Where We Store and Process Personal Data

Personal data collected by Binnovate is stored and processed in the United States and accessed by authorized users for support in regions where Binnovate or its affiliates or service providers maintain facilities.

Email, name and basic sleep data is shared with a communication platform to send updates from Binnovate.

We take steps to ensure that the data we collect under this Privacy Policy is processed according to the provisions of this statement and the requirements of applicable law wherever the data is located.

Changes to the Privacy Policy

This Privacy Policy is subject to change from time to time when necessary based on customer feedback and changes to our products and services. As such you are advised to review this Privacy Policy occasionally as Binnovate shall endeavor to notify you of any material changes to the Policy.

Your continued use of any aspect of the Service after Binnovate modification of this Privacy Policy constitutes your acceptance of the modified Privacy Policy. If any term or provision of this Privacy Policy is be found to be invalid, illegal or otherwise unenforceable, such finding will not affect the other terms or provisions of this Privacy Policy, or the whole of this Privacy Policy, but such term or provision will be deemed modified to the extent necessary to render such term or provision enforceable, and the rights and obligations of you and Binnovate will be construed and enforced accordingly, preserving to the fullest permissible extent the intent and agreements set forth in this Privacy Policy.

If you object to any of the changes to this Privacy Policy, you should stop using the Services and delete your account immediately.

How to Contact Us

If you have any technical or support questions, please contact us at support@renaltracker.com.

If you have any privacy concerns, complaints or inquiries for the Data Protection Officer of Binnovate, Chloe Tuvilla, please contact us via email at support@renaltracker.com..

Unless otherwise stated, Binnovate Digital Health BV is a data controller for personal data we collect through products and services subject to this statement. Our address is at:

Binnovate Digital Health BV

Transistorweg 5

6534 AT Nijmegen

The Netherlands

Note: The Services (including the App and related self-management curriculum and product recommendations) do not constitute a medical device or the practice of medicine. If you are seeking information on how to diagnose and/or treat CKD, you should consult with your healthcare professional.