Last Updated and Effective: November 1, 2024
Consumer Health Privacy Notice
This Consumer Health Privacy Notice (“Health Privacy Notice”) supplements our ACON Laboratories, Inc. Privacy Policy (the “Privacy Policy”) and governs our policies and procedures concerning consumer health data (as defined below) collected through our Services (as defined in our Privacy Policy) and protected by Washington and Nevada. This Health Privacy Notice shall apply to the Services to which this Health Privacy Notice is linked or posted, including our On Call Care Alliance and Flowflex services. This Health Privacy Notice is limited to residents of Washington and Nevada, and does not apply to employees, job applicants, or business contact data. Pursuant to recently passed consumer health privacy laws such as Washington’s My Health My Data Act (MHMDA) and Nevada’s Consumer Health Data Privacy Law, ACON is providing this Health Privacy Notice to the residents of these states concerning our practices and your rights concerning consumer health data.
In addition, we may collect and share health data that usually might be treated as protected health information (PHI) under the Health Insurance Portability and Accountability Act (HIPAA), however, because we are not providing our products or services to a covered entity for HIPAA-covered activities, functions, or services, HIPAA does not apply directly to our Services. While HIPAA may not apply to our Services, it may apply to the health or medical professional that you are engaged with. We endeavor to comply with applicable consumer health privacy laws concerning our handling of your consumer health data and we will protect it as required.
1. Consumer Health Data
Generally, consumer health privacy laws under Washington and Nevada define consumer health data as personal information that is linked or reasonably linkable to a consumer and that identifies the consumer’s past, present, or future physical or mental health status but does not include publicly available or deidentified data. This may include information such as diagnostic test results, symptoms, and general results related to an identifiable consumer.
2. Categories of Consumer Health Data We May Collect
Generally, ACON may collect consumer health data from you when you contact or provide us and/or a healthcare professional with data concerning your use of our products and submission of your results through our Services. This consumer health data may include:
- Individual health conditions, treatments, diseases, diagnosis, or diagnostic testing. We may receive at-home test results related to blood glucose levels, COVID results, infectious disease and other health conditions.
- Social, psychological, behavioral, and medical interventions.
- Bodily functions, vital signs, symptoms, or measurements of health information. We may receive data that you provide from use of our diagnostic products such as symptoms, biomarkers, and measurements related to your health.
- Data that identifies a resident seeking health care services. All diagnostic data that we may collect through our products may qualify as data that identifies you as seeking health care services.
3. Sources of Consumer Health Data Collection
We may collect the consumer health data described above from the following sources:
- Directly from you. We obtain consumer health data directly from you when you use our Services, including to register your product for warranty, customer service, or to interact with your healthcare professionals.
- From healthcare professionals who interact with you. We may receive consumer health data about you from a healthcare professional with whom you have a medical relationship to interpret your test results. The consumer health data we receive is necessary to facilitate the communication and test results between you and your healthcare professional.
- Tracking technologies. When you use our web-based or mobile applications we may collect cookies, device identifiers, and other automatically collected data to provide you with access to our Services.
4. Reasons for Collecting Your Consumer Health Data
Generally, we collect and use your consumer health data to facilitate your use of the products and Services that you requested or as permitted by applicable law. We may collect your consumer health data:
- To facilitate your use of our Services. Generally, your use of our products does not require us to collect consumer health data, however, your use of our On Call Care Alliance and Flowflex services require that we collect consumer health data to provide our Services to you and your healthcare professionals. In addition, we may collect data in other contexts that may be linkable to you as an individual based on a unique identifier such as your IP address or device identifier, coupled with your search or browsing history concerning a sensitive product. As a result, the applicable consumer health privacy laws may treat such data as consumer health data.
- To provide product support. We may collect consumer health data for product registration, tech support, complaint investigation, and warranty registration related activities.
- For operations. We may collect consumer health data that you provide by email, forms, and other communications to improve our products and services as well as respond to your inquiries.
- For Security. We may collect consumer health data to ensure the safety of our network and systems as well as to ensure the integrity and availability of our Services.
- Business transfers. We may use the consumer health data that we have collected from you to provide to a company we merge, acquire, or that buys us, or in the event of a change in structure to ACON.
- For legal obligations. We may disclose consumer health data as necessary to comply with our legal obligations, respond to legal process, and as required by applicable law.
- Public health activities. We may disclose particular consumer health data such as COVID tests results with public health authorities with your consent, including the option to submit the data anonymously.
5. Categories of Consumer Health Data Shared
We may share the categories of consumer health data described in Section 2 to provide you with access to our Services. However, we never initiate the sharing of consumer health data unless requested by you or as necessary to provide our Services. When we share consumer health data with our service providers it is pursuant to appropriate restrictions required by applicable law.
WE DO NOT SELL OR SHARE CONSUMER HEALTH DATA
6. Third Party Affiliates Who Receive Consumer Health Data
Generally, we only provide access and use of consumer health data to entities that are necessary to provide you with complete access to our products that you have purchased from a third-party retailer or to provide you with access to our Services, which may allow you to further use our products. These third parties, include:
- Our Service Providers. We may provide our service providers with access to your consumer health data to facilitate your use of our Services or with your consent.
- Your Healthcare Professional. Your healthcare professional may receive your consumer health data either because you have requested that it be shared, or the healthcare professional pointed you to our product to facilitate your access to our Services.
- Public Health Authorities. We may share your diagnostic results, particularly your COVID result with your consent to Public Health Authorities.
- Caregivers, Family Members, and Individuals. We will share your consumer health data with your caregiver, family member, or any other individual at your direction.
7. Your Consumer Health Privacy Rights
You have rights with respect to your consumer health data. To the extent your data qualifies as consumer health data under applicable consumer health privacy laws, you may have the following rights:
- Right to confirm. You have a right to confirm whether ACON has collected, sold, or shared your consumer health data.
- Right to access. You have a right to access the consumer health data collected, sold, or shared, including a list of all third-party affiliates who we have sold or shared your consumer health data with, including email address or other online mechanism to contact the applicable third parties.
- Right to withdraw. You have a right to withdraw consent from our collection and sharing of your consumer health data unless required by applicable law or to provide the products and services requested.
- Right to delete. You have a right to have your consumer health data deleted from our records subject to legal exception.
We will not discriminate against you for exercising the above rights. In order to exercise any of the above, please contact ACON at info@aconlabs.com or by mail at 5850 Oberlin Drive, #340, San Diego, CA 92121.