Privacy Policy

ELUVE, INC.

PRIVACY POLICY

Last Updated: 2024-08-22

Eluve Inc.’s artificial intelligence (“AI”) medical scribe takes doctor/patient conversations and automatically generates medical grade clinical documentation, including but not limited to progress notes, including subjective, objective, assessment and plan notes (“SOAP notes”), patient follow-up care plans and billing code/insurance reimbursement documents.

This Privacy Policy describes how information about you, your practice, and any healthcare professional within your practice who you have authorized and approved access to our Service (collectively “you” or “your”) as well as the information about your patients is collected, used, and disclosed by Eluve, Inc., and our subsidiaries and affiliated companies (collectively, “Eluve,” “we,” or “us”) collect, use, and disclose information about you and your patients. At Eluve, we believe that your personally identifiable data and the personally identifiable data of your patients belongs to you, and your privacy is our priority.

This Privacy Policy applies to information we collect when you access or use our mobile applications and other online products and services, (collectively, our “Service”), or when you otherwise interact with us, such as through our customer support channels. By using our Service, you acknowledge and agree to the practices and policies outlined in this Privacy Policy.

Our Service is currently intended for use by medical and healthcare providers who are residents of the United States and Canada only. If you are not a resident of the United States or Canada, please do not provide any patient or practice information to us or otherwise use our Service.

Our Service is not intended for use by individuals under the age of eighteen (18). If you are under the age of eighteen (18), please do not provide any patient or practice information to us or otherwise use our Service.

We may change this Privacy Policy from time to time. If we make changes, we will notify you by revising the date at the top of this Privacy Policy. We may also provide you with additional notice (such as by adding a statement to the Service or sending you a notification), such as in connection with making material changes to this Privacy Policy. We encourage you to review this Privacy Policy regularly to stay informed about our information practices and the choices available to you.

SOURCES OF INFORMATION

There are several ways we may obtain information about you, your practice, and your patients. Eluve collects information from you (a) that you choose to share with us when you sign up for or are using our Services and when you otherwise interact with us, such through our customer service channels, (b) that we collect about you, your practice, and your patients automatically when you use our Services, (c) when you view our website; and (d) that we receive from third parties.

We collect information from you directly. We collect information about you, your practice, and your patients when you use our Services or otherwise interact with us. This may include registering for an account with us, providing us with information regarding your authorized health care professionals who may access your account, providing us with information regarding your patients, provide a review, or signing up for communications. We may collect additional information if you participate in any of our surveys.

We collect information automatically. We and our third-party service providers collect data about you and your practice using automated technology like cookies and pixels via our Services when you visit our website. We use these technologies to improve our Services and your experience, see which areas and features of our Services are popular, and count visits.

Cookies

Most web browsers are set to accept cookies by default. If you prefer, you can usually adjust your browser settings to remove or reject browser cookies. Please note that removing or rejecting cookies could affect the availability and functionality of our Service. For more information about cookies, please see All About Cookies.

We get information about you and your practice from other sources. We may collect information about you and your practice from our business partners. We may also acquire information from other sources to help us maintain the accuracy of the information we collect and for internal business analysis or other business purposes. This information includes data such as: corroborating and verifying your identity to ensure that we are only accessing or sharing the health care records of the right person.

Healthcare Disclaimer

We do not provide clinical or healthcare services. The Service, including any AI-generated output derived from the same, is not intended to replace the services of a licensed, trained, in-person physician or other health professional or be a substitute for the medical advice of a physician or trained health professional licensed in your state. Instead our Services, including our AI system, are a tool that assist a licensed provider with the origination and manipulation of various physical and digital media, including but not limited to electronic health records (“EHR"), text, visual and/or audio healthcare recordings such as patient/provider treatment and provider follow-up case notes, You hereby agree that you shall not make any health or medical related decision or treatment recommendation for a patient based in whole or in part on anything contained in the Service.

Information We Collect

We collect various types of data about you and your patients from various sources, as described below.

Identifiers: contact and account information. We may collect your name, email address, postal address, and phone number. We may also collect information you provide to create an account or profile on behalf of yourself or other authorized professionals in your practice who may utilize our Services. You agree that you will remain solely responsible for determining which individuals may access your account(s) with us within your practice, and you will keep the login credential access limited to those who have appropriate authorization and immediately revoke access for any individual who no longer has approved access.
Demographic information. In order to provide the Services to you and ensure we are collecting and storing only your records to your account, we may collect information from or about you in order to prove or verify your identity. Examples may include your date of birth, age or age range, gender identity, geographic location (e.g., ZIP Code), photographs of your face (“selfie”) captured by the Service’s mobile application accessing your mobile device’s camera, and photographs of your government-issued identity documents).
Healthcare information. In order to provide the Services, with your consent we will collect voice recordings of patient interactions, from which our Services may derive information regarding your designated patients’ treatment and other healthcare, vaccination records, names of treating physicians and healthcare providers including medical record numbers and other unique identifiers, health insurance information, and group health plan information. You understand that you have the sole responsibility to obtain any necessary consents from patients and/or their parent or legal guardian (if a minor) for asynchronous or synchronous patient interactions, regardless of whether they are conducted in a telehealth or physical location.
Commercial Information:
- Customer service and feedback. We may collect information from you when you request customer support or information from us, provide feedback or reviews about your experience with us or our products, or otherwise communicate with or contact us.
- Location Information: In accordance with your device permissions, we may collect or infer information about the location of your device based on your zip code or IP address.
Internet or other electronic network activity information: We collect information about how you access our Service, including data about the device and network you use, such as your hardware model, operating system version, mobile network, IP address, unique device identifiers, browser type, and app version. We also collect information about your activity on our Service, such as login attempts, logout events, access times, pages and data viewed, links clicked, and the page you visited before navigating to our Service.
any other information you choose to provide.
data underlying any errors that may occur during your use of the Service.

USE OF INFORMATION

We use the information that we collect from you and about you to provide the Service and for a variety of business purposes, as follows:

We use information to provide the Service. We primarily use personal information about you or your patients to provide the Service to you, including processing your registration, verifying your identity and obtaining information about you and your patients, and obtaining your designated patients’ health care records (including of various physical and digital media, including but not limited to electronic health records (“EHR"), text, audio and/or visual recordings of patient interactions/treatments).
We use information to communicate with you. We may use information to answer your questions and comments, including providing you with information about this Policy or our Terms of Service. We may also use information to provide you with customer service.
We use information to improve our Services. We may use information to make our Services better.
We use information to advertise new features or additional services offered by Eluve, Inc.
We use information to protect our company and others. We use information to identify fraud and secure our Services and systems in an effort to protect you and our other customers.
We use information for other lawful purposes or as we may disclose to you.

DISCLOSURE OF INFORMATION

We may disclose information we collect from and about you as follows:
We take the privacy and security of your medical information very seriously and share personal information (including your patients’ “Protected Health Information” as such term is defined in Title 45 C.F.R. Section 106.103) that you enter into the Service only with individuals, entities, or organizations that you may designate (collectively, “Relying Parties”) for purposes of:
- obtaining access to your patients’ medical records;
- sharing your patients’ stored medical records with our third-party vendors;
- other uses which you specify in the app, which may include sharing your patients’ stored medical record with other third parties with your direction and consent.
We disclose information with service providers and other third parties we work with. We may disclose information, including your personal information or your patient’s personal information and/or Protected Health Information with external companies who perform business, technical, professional, or marketing related services for us. Examples include identity verification services, AI services, customer service providers, email delivery services, and cloud infrastructure providers. This also includes companies that help us with fraud detection and Service operations. We may disclose limited information with data analytics vendors or market research companies to the extent not otherwise prohibited by law. In some circumstances these entities may use your information for their own legitimate business purposes. This might include internal analytics but would not include marketing directly to you or your patients.
We disclose information with any successor to all or part of our business. In the event that Eluve, Inc. or its assets are acquired by or merged with another company, we may disclose all categories of information (including about you or your patients) as part of that transaction. This acquisition or merger may include part of our business or one of our brands. This may occur in the event of bankruptcy.
We disclose information if we think we have to in order to comply with the law or to protect ourselves. For example, we may disclose all categories of information, including information regarding your patients, to respond to a court order or subpoena. We will disclose information if a government agency or regulatory body requests it. This includes U.S. and non-U.S. law enforcement or regulatory authorities.
We disclose aggregate or anonymous information. We may disclose aggregate, anonymous, or de-identified information that cannot reasonably be used to identify you or your patients for the purpose of delivering the Services.
We disclose information as permitted by law and for other reasons we may describe to you.

We may combine the information we receive from and about you, including information you provide to us and information we automatically collect through our Services, as well as information collected offline, across other computers or devices that you may use, and from third party sources.

We will not share your personal information or information regarding your patients with any other individual without your consent, and do not permit others to create or access accounts for anyone else without your prior approval. Only you are permitted to sign into, view, request, access, and direct the sharing of your patients’ records unless you have approved and delegated access to other health care professionals

This is why we verify your identity, or the identity of any user which you have previously approved or shared the login credentials with, each and every time you use the Service.

We do not use or disclose sensitive personal information for the purpose of inferring characteristics about you or your patients. We do not knowingly “share” or “sell” any personal information about you or your patients.

ANALYTICS

We engage others to provide analytics services across the web and in mobile apps. These entities may use cookies, web beacons, device identifiers, and other technologies to collect information about your use of our Service and other websites and applications, including your IP address, web browser, mobile network information, pages viewed, time spent on pages or in mobile apps, links clicked, and conversion information. This information may be used by Eluve, Inc. **and others to, among other things, analyze and track data, determine the popularity of certain content, and better understand your online activity.

DATA SECURITY AND RETENTION

We make reasonable efforts to ensure a level of security appropriate to the risk associated with the processing of data. We maintain organizational, technical and administrative measures designed to protect data within our organization against unauthorized access, destruction, loss, alteration or misuse. Your personal data and the submitted patient/practice data is only accessible to a limited number of our personnel who need access to the information to perform their duties. If you wish to restrict the access of submitted patient/practice data for professionals who are employed by, or associated with your practice, you will need to monitor your access controls. No data transmission or storage system can be guaranteed to be 100% secure. If you believe that your interaction with us is no longer secure (for example, if you feel that the security of your account has been compromised), please contact us via the contact information in the Contact Us section of this policy.

We will retain your personal data as well as the submitted patient/practice data as long as we are providing the Service to you. We retain this data after we cease providing the Service directly to you to the extent necessary to comply with our legal and regulatory obligations, and for the purpose of fraud monitoring, detection and prevention. Where we retain data, we do so in accordance with obligations imposed by applicable law and under this Privacy Policy.

YOUR PRIVACY RIGHTS AND CHOICES

Account Information

You may review, update and correct certain account and other personal information previously disclosed to us by updating your account information in the Service or contacting us at privacy@eluve.com*.* If you wish to delete your own personal information, or information regarding a particular patient please contact us at privacy@eluve.com but note that we may retain certain information as required by law or for our legitimate business purposes. If we receive a request for deletion from an individual patient, we will refer that individual to you and/or your practice. Once you have deleted your account, your practice’s stored medical records will no longer be accessible, so you will want to download that data if you need to review it after you delete your account.

Cookies

Communications Preferences

You may opt out of receiving promotional emails from Eluve by following the instructions in those communications or by contacting us at privacy@eluve.com. If you opt out, we may still send you non-promotional emails, such as those about your account or our ongoing business relations.

Mobile Push Notifications

With your permission, we may send push notifications to your mobile device. You can deactivate these messages at any time by changing the notification settings on your mobile device.

FEDERAL, PROVINCIAL, AND STATE-LEVEL PRIVACY PROTECTIONS

Before we are able to access any Protected Health Information regarding your patients, we will require a Business Associate Agreement be entered into between you and us to comply with applicable law.

Many U.S. states, including California, Colorado, Connecticut, Delaware, Florida, Indiana, Iowa, Kentucky, Maryland, Montana, New Hampshire, New Jersey, Oregon, Tennessee, Texas, Utah, and Virginia have enacted consumer privacy laws that grant their residents certain rights and require additional disclosures (“State Laws”) that may be applicable in certain business-to-business contexts. As new State Laws are passed, we will extend necessary protections to our users. If you are a resident of one of these states, this section applies to you.

Please note that your patients may also have privacy rights under these laws. However, we will refer any patient requests regarding the access, deletion, or correction of their individual health care records back to you as the official controller of those records. We will reasonably comply with any requests that you make regarding patient access, disclosure, or use consistent with the terms of the Business Associate Agreement and applicable law.

In the preceding 12 months, we have collected the following categories of personal information: identifiers, demographic information, commercial information, internet or other electronic network activity information, audio and visual data, and inferences. For details about the precise data points we collect and the sources of such collection, please see the “Information We Collect” section above.

We collect, use and disclose personal information for the business and commercial purposes described in the “Use of Information” section above.

In the preceding 12 months, we have made the disclosures to the following categories of recipients:

| Categories of Personal Information | Categories of Recipients | | --- | --- | | Identifiers, such as your contact and account information | Affiliates and subsidiaries, fraud prevention partners, data analytics providers, marketing partners, payment and financing processors, fulfillment partners, customer support partners, Internet service providers, operating systems and platforms, customer feedback platforms, and cloud service providers. | | Demographic information | Affiliates and subsidiaries, fraud prevention partners, data analytics providers, marketing partners, payment and financing processors, fulfillment partners, customer support partners, Internet service providers, operating systems and platforms, customer feedback platforms, and cloud service providers. | | Healthcare Information about you and your patients | Affiliates and subsidiaries, fraud prevention partners, data analytics providers, marketing partners, payment and financing processors, fulfillment partners, customer support partners, Internet service providers, operating systems and platforms, customer feedback platforms, and cloud service providers. | | Commercial information | Affiliates and subsidiaries, fraud prevention partners, data analytics providers, marketing partners, payment and financing processors, fulfillment partners, customer support partners, Internet service providers, operating systems and platforms, customer feedback platforms, and cloud service providers. | | Internet or other electronic network activity information | Affiliates and subsidiaries, fraud prevention partners, data analytics providers, marketing partners, payment and financing processors, fulfillment partners, customer support partners, Internet service providers, operating systems and platforms, customer feedback platforms, and cloud service providers. | | Inferences | Advertising and marketing networks, data analytics providers |

Access, Correction, and Deletion

Depending on where you live, you may have the right to (1) request to know more about and access your personal information, including in a portable format, (2) request deletion of your personal information, and (3) request correction of inaccurate personal information. To request access, correction, or deletion of your personal information, please email us at privacy@eluve.com. We will verify your request by asking you to provide certain information, such as your name, email address, mailing address, and phone number.

Appeals

If we deny your request, you may appeal our decision by contacting us at privacy@eluve.com. If you have concerns about the results of an appeal, you may contact the attorney general in the state where you reside.

Nondiscrimination

We will not discriminate against you for exercising your privacy rights.

If you reside in certain states, you can designate an authorized agent to submit a privacy rights request on your behalf. We may ask authorized agents to submit proof of your authorization to make the request, such as a valid power of attorney or proof that they have signed permission from the individual who is the subject of the request. Please do not provide any sensitive personal information in connection with the request, such as a driver's license or other government-issued ID. In some cases, we may be required to contact the individual who is the subject of the request to verify his or her own identity or confirm the authorized agent has permission to submit this request. If you are an authorized agent seeking to make a request, please contact us at privacy@eluve.com.

Any request to exercise one of these rights will be assessed by Eluve on a case-by-case basis. There may be circumstances in which we are not legally required to comply with your request because of a relevant legal exemption provided for under applicable law. We will not discriminate or retaliate against you for exercising your privacy rights. If you choose not to disclose certain personal information, this may limit our ability to perform the Services to you.

We retain personal information for as long as necessary to carry out the purposes for which we originally collected it and for other purposes described in this privacy policy.

We do not use or disclose sensitive personal information for the purpose of inferring characteristics about you. We do not knowingly “share” or “sell” any personal information about you without your explicit consent.

CONTACT US

If you have any questions about this Privacy Policy, you can email us at privacy@eluve.com or send us written correspondence at the following postal address:

Eluve, Inc. 8605 Santa Monica Blvd. PMB 880383 West Hollywood, CA 90069-4109