PRIVACY POLICY
Effective date: January 1, 2022
We respect your privacy and will never sell or trade personally identifiable information (“Personal Data“) provided on this website or that is otherwise within the scope of this Privacy Policy (this “Policy“) outside of the scope of the Terms Of Service. Maintaining trust is paramount to us.
Privacy Summary
OUR CONTACT INFORMATION
GENERAL INFORMATION
Do we collect Personal Data?
YES. Categories include biographical information and contact information, among others. Do we process special categories of data, such as health data?
YES. Blue Modo Media, Inc. processes health data. Do we sell Personal Data?
YES. Blue Modo Media, Inc. does sell Personal Data within the parameters needed to satisfy the Terms Of Service.
TRACKING
Do we use cookies or similar tracking technologies on our websites? YES. Click here to read our cookie policy.
Do we use cookies or similar tracking technologies in our app? YES. Click here to read our cookie policy.
PRIVACY RIGHTS
Can you request to receive a copy of the Personal Data we have collected about you? YES. Please contact us at the Contact Information to receive a copy.
Can you withdraw your consent to our processing of your Personal Data?
YES. Please contact us at the Contact Information above to withdraw your consent. Can you request to have your data deleted?
YES. Please contact us at the Contact Information above to have your data deleted.
Can you request not to have your data sold?
YES. Please contact us at the Contact Information above to request that your data does not get sold.
Do we discriminate you for exercising your privacy rights? NO.
SECURITY
Do we protect your Personal Data?
YES. Your data is protected in accordance with HIPAA compliance.
INTRODUCTION AND SCOPE
Blue Modo Media, Inc., a Delaware limited liability company with offices located at 801 US HIGHWAY 1, North Palm Beach, FL 33408 (“Blue Modo Media, Inc.,“ “we,“ “us,“ “our“) takes the protection of Personal Data very seriously.
Please read this Policy to learn what we’re doing with your Personal Data, how we protect it, and the privacy rights you may have under the California Consumer Privacy Act of 2018 (“CCPA“).
This Policy addresses data subjects whose Personal Data we may receive (1) through our social media pages and communities and our website, (2) through any Blue Modo Media, Inc. mobile applications, (3) over the phone (if we call them at their request), or (4) from clinical study sites (“Sites“), pharmaceutical companies (“Sponsors“), and clinical research organizations (“CROs“, and collectively, with Sites and Sponsors, our “Clients“) in connection with clinical trials in which our Clients are involved.
Our Role With Respect To Your Personal Data
In the context of this Policy, Blue Modo Media, Inc. acts either as a data controller or data processor for the Personal Data we process, depending on our relationship with you and with our Clients. For example, when we process your Personal Data when you contact us through our website or if we call you at your request, we act as a data controller. On the other hand, we generally act as a data processor in connection with the services we provide to our Clients.
What Personal Data We Collect And How We Obtain It
The table below describes the categories of Personal Data we have collected about you in the last twelve months and how we obtained that Personal Data.
The CCPA requires us to categorize the Personal Data we collect into a few groups, which are contained below. Many of the categories are not collected in every instance, and some would only be collected at the direction of our Clients in order to determine whether you qualify for a specific study or not.
Categories of Personal Data We Collect, Process, or Store How We Obtain It
Identifiers:
A real name, alias, zip code, Internet Protocol address, email address, account name, or other similar identifiers.
Special categories of Personal Data:
Physical characteristics or description, zip code, telephone number, as well as general medical information, such as information about medical symptoms or prescribed medications. (Some Personal Data included in this category may overlap with other categories)
Protected Characteristics:
Age, race, ancestry, marital status, medical condition, physical or mental disability, sex (including gender, gender identity, gender expression, pregnancy or childbirth and related medical conditions), or sexual orientation.
Internet or Other Similar Network Activity:
Browsing history, search history, information on a consumer's interaction with a website, application, or advertisement.
Geolocation Data:
Physical location.
*You may provide this directly to Blue Modo Media, Inc. when you complete an online form, speak with us over the phone, send your information to us via our social media pages or community groups, or visit our website.
We may also receive this from our Clients or vendors if they ask us to screen potential participants for clinical trials.
If we receive your Personal Data from a third party, we will notify you, where required by applicable laws, without undue delay.
*After you enter your name and contact information into the form on our website, a Blue Modo Media, Inc. representative or one of our Client’s representatives will call you at the phone number you provided. During this initial phone call, the Blue Modo Media, Inc. or Client representative will ask you a series of questions in order to determine your eligibility to participate in a variety of applicable clinical trials. Our representative will obtain your explicit consent before asking you any questions about your health.
What Basis Of Processing We Use
Where we act as a data controller within the scope of this Policy, we may rely on one or more of the following legal grounds for processing your Personal Data:
the need to pursue the legitimate interests of our Clients, such as finding qualified patients to participate in clinical trials;
When we rely on the legitimate interests of our Clients as a lawful basis of processing, you have the right to ask us more about how we decided to choose this legal basis. To do so, please use the contact details provided above.
Where we rely on your consent as a legal ground for processing your Personal Data, you may withdraw your consent at any time. However, if you withdraw your consent, it will not affect the lawfulness of the processing that occurred based on your consent prior to your withdrawal. It will also not affect the lawfulness of our processing of Personal Data performed on other lawful grounds.
Where we receive your Personal Data directly from you for the purpose of providing you with our services, we require your Personal Data in order to perform our contractual obligations owed to you. Without the necessary Personal Data, we will not be able to provide our services to you.
Where we act as a data processor within the scope of this Policy, we will process your Personal Data based on the documented instructions of the relevant data controllers (i.e. our Clients).
How We Use Your Personal Data
The table below explains why we process your Personal Data:
Category of Personal Data
The Businesses and Commercial Purposes For Which We Process Each Category of Personal Data
Identifiers
Special Categories of Personal Data
Qualifying potential patients to participate in clinical trials;
Protected Characteristics
Internet or Other Similar Network Activity
Geolocation Data
How We Use Cookies
A “cookie” is a small file stored on your device that contains information about your device. We may use cookies to provide basic relevant ads, website functionality, authentication (session management), usage analytics (web analytics), and to remember your settings, and generally improve our websites and Services.
For more information on how we use cookies, Blue Modo Media, Inc.’s cookie policy can be found by emailing [email protected]
How Long We Keep Your Personal Data
Where we act as a data controller and when the purposes of processing are satisfied, we will retain your Personal Data for up to four years or more, unless you request that we delete your Personal Data sooner.
Where we act as a data processor, we will delete your Personal Data within six months of receiving an instruction to do so from the relevant data controller.
How We Share Personal Data With Third Parties
Please refer to the table below to see the categories of Personal Data that we have disclosed, in the last twelve months, to third parties for our own operational business purposes and the categories of recipients of that Personal Data.
Category of Personal Data
Categories of Third Parties to Which We Disclosed Personal Data for Business Purposes Identifiers
Special Categories of Personal Data
Protected Characteristics
Internet or Other Similar Network Activity
Analytics Service Providers.
Geolocation Data
Other Disclosures Of Your Personal Data
We may disclose your Personal Data:
We reserve the right to use, transfer, sell, and share aggregated, anonymous data, which does could include Personal Data, about individuals within the scope of this Policy as a group for any legal business purpose, such as analyzing usage trends and seeking compatible advertisers, sponsors, clients, and customers.
If we must disclose your Personal Data in order to comply with official investigations or legal proceedings initiated by governmental and/or law enforcement officials, we may not be able to ensure that such recipients of your Personal Data will maintain the privacy or security of your Personal Data.
How Do We Protect Your Personal Data?
Blue Modo Media, Inc. has implemented and will maintain technical, organizational, and physical security measures that are reasonably designed to help protect Personal Data from unauthorized processing, such as unauthorized access, disclosure, alteration, or destruction.
What Privacy Rights Do You Have?
You have specific rights regarding your Personal Data collected and processed by us. Please note that you can only exercise these rights with respect to Personal Data that we process
about you when we act as a data controller or as a “business” under the CCPA. This is when Blue Modo Media, Inc. decides why and how your Personal Data will be processed, rather than our Clients making those decisions.
To exercise your rights with respect to information processed by us on behalf of one of our Clients, please read the privacy policy/ies of our Clients. If you wish to make your request directly to us, please provide to us the name of our Client who submitted your data to us or let us know that you are uncertain about which of our Clients submitted your data to us. Because we may only act upon instructions from our Clients, we will refer your request to the relevant Client, and will support them as needed in responding to your request within a reasonable timeframe.
We may need to confirm your identity in order to process your request. A request can also be made on behalf of your child or ward (who is under the age of 18 years).
In this section, we first describe your privacy rights and then we explain how you can exercise those rights.
Right to Know What Happens To Your Personal Data
This is called the “right to be informed”. It means that you have the right to obtain from us all information regarding our data processing activities that concern you, such as how we collect and use your Personal Data, how long we will keep it, and who it will be shared with, among other things.
We are informing you of how we process your Personal Data with this Privacy Policy.
Right to Know What Personal Data Blue Modo Media, Inc. Has About You
This is called the “right of access”. This right allows you to ask for full details of the Personal Data we hold on you.
You have the right to obtain from us confirmation as to whether or not we process Personal Data concerning you, and, where that is the case, a copy of or access to your Personal Data and certain related information.
Once we confirm your identity (or the identity of your authorized agent) who made the request, we will disclose to you:
The specific pieces of Personal Data we collected about you (this is also called a data portability request); and
Please know that the CCPA does not allow us to disclose social security numbers, driver’s license numbers or other government-issued identification numbers, financial account numbers, any health insurance or medical identification numbers, account passwords, or security questions and answers.
Right to Change Your Personal Data
This is called the “right to rectification”. It gives you the right to ask us to correct, without undue delay, anything that you think is wrong with the Personal Data we have on file about you, and to complete any incomplete Personal Data.
If your account settings do not allow you change it, please contact us and we will do our best to change the Personal Data for you.
Right to Delete Your Personal Data
This is called the “right to erasure”, “right to deletion” or the “right to be forgotten“. This right means you can ask for your Personal Data to be deleted.
We will always strive to fulfill your request. However, please note that there are occasions when doing so may not be possible, like when the law tells us we cannot do that. If that's the case, we will consider if we can limit how we use your Personal Data.
Occasions Where We Cannot Fulfill A Deletion Request Under the CCPA
The CCPA allow for requests to erase your Personal Data to be denied if we or our service providers need to retain the Personal Data to:
Enable solely internal uses reasonably aligned with your expectations based on your relationship with us;
Right to Ask Us to Change How We Process Your Personal Data
This is called the “right to restrict processing”. It is the right to ask us to only use or store your Personal Data for certain purposes. You have this right in certain occasions, such as where you believe the data is inaccurate or the processing activity is unlawful. This right enables you to ask us to suspend the usage of Personal Data about you, for example if you want us to establish its accuracy or the reason for processing it.
Right to Ask Us to Stop Using Your Personal Data
This is called the “right to object”. This is your right to tell us to stop using your Personal Data. You have this right where we rely on a legitimate interest of ours (or of a third party, such as our Clients). Also, you have the right to object at any time to the processing of your Personal Data for direct marketing purposes.
We will stop processing the relevant Personal Data unless: (i) we have compelling legitimate grounds for the processing that override your interests, rights, or freedoms; or (ii) we need to continue processing your Personal Data to establish, exercise, or defend a legal claim.
You may also have the right to opt out of having your Personal Data shared with third parties and to revoke your consent to our sharing your Personal Data with third parties. You may also have the right to opt out if your Personal Data is used for any purpose that is materially different from the purpose(s) for which it was originally collected or which you originally authorized.
Right to Port or Move Your Personal Data
This is known as the “right to data portability” and enables you to ask for and download Personal Data about you that you have given us or that you have generated by virtue of the use of our services, so that you can:
We will provide your Personal Data in a structured, commonly used and machine-readable format. When you request electronically to know what data we have about you, we will provide you a copy in electronic format.
Right Related to Automated Decision Making
We sometimes use computers to study your Personal Data. We might use this Personal Data, so we know how you use our services. For decisions that may seriously impact you, you have the “right not to be subject to automatic decision-making, including profiling“. But in those cases, we will always explain to you when we might do this, why it is happening, and the effect.
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Right to Withdraw Your Consent
Where we rely on your consent as the legal basis for processing your Personal Data, you may withdraw your consent at any time. If you withdraw your consent, our use of your Personal Data before you withdraw is still lawful.
If you have given consent for your details to be shared with a third party, and wish to withdraw this consent, please also contact the relevant third party in order to change your preferences.
Right Not to Be Discriminated Against for Exercising Your Privacy Rights
We will not discriminate against you for exercising any of your privacy rights. Unless the applicable data protection laws permit it, we will not:
How Can You Exercise Your Privacy Rights?
To exercise any of the rights described above, please submit a request by either:
Blue Modo Media, Inc.
801 US HIGHWAY 1,North Palm Beach, FL 33408
What are Authorized Agents?
You may appoint an authorized agent to exercise your rights on your behalf. You should appoint such agent via written permission or a power of attorney pursuant to Probate Code sections
4000 to 4465 (if you are reside in the State of California) or the applicable rules for authorizing somebody else to exercise your rights in your country of residence.
To verify that your authorized agent acts on your behalf, we will ask for this written permission from your agent or for the power of attorney. In case you provided your authorized agent with a written permission, we will require that you also verify your identity.
How We Will Verify Your Identity
Bear in mind that to evaluate your privacy rights requests, we need to be sure it was you who made the request. We will verify your identity via the following methods:
To carry out the verification, we may ask you for information you provided to us previously, such as your contact number, email address, date of birth, your zip code, or the date that you last received a call/communication from us.
Please note that you may only make a consumer request to know or a data portability request twice within a 12-month period.
How and When We Will Respond to Your Requests
We will confirm the receipt of your request within ten (10) days and, in that communication, we will also describe our identity verification process and when you should expect a response, except when we have already granted or denied the request.
Please allow us up to 30 days to reply to your requests from the day we received your request. If we need more time (up to 90 days in total), we will inform you of the reason and extension period in writing. If you have an account with us, we will deliver our written response to that account. If you do not have an account with us, we will send our written response by mail or electronically, at your option.
Consider that we will only cover the twelve-month period preceding the moment we receive the request in any disclosures we provide you with.
If we cannot satisfy your request, we will also explain why in our response. For data portability requests, we will choose a format to provide your Personal Data that is readily useable and should allow you to transmit the information from one entity to another entity without difficulty.
In most cases, we will not charge a fee for processing or responding to your requests. However, we may charge a fee if we determine that your request is excessive, repetitive, or manifestly
unfounded. In those cases, we will tell you why we made that determination, and we will provide you with a cost estimate before completing your request.
Privacy of Children
We do not knowingly collect Personal Data from anyone under 18, unless a Client instructs us to do so. No part of our online presence is directed to or intended for use by anyone under the age of 18. If a clinical trial is specifically designed for children under the age of 18, we will first obtain verifiable parental consent for the processing of the child’s Personal Data before undertaking any processing. In the event that we learn that we process Personal Data from a child under age 18, without the necessary verifiable parental consent, we will delete the information that we have stored as quickly as possible. If you believe that we might have any information from or about a child under 18, please contact us using the information provided in the Contact Information section of this Policy.
Changes to This Policy
If we make any material change to this Policy, we will post the revised Policy to this web page and update the “Effective” date above to reflect the date on which the new Policy became effective.
Regulatory Oversight
Blue Modo Media, Inc. is subject to the investigatory and enforcement powers of the United States Federal Trade Commission.
Contact Us
You may exercise your privacy rights by submitting a request to [email protected]. If you have any questions about this Policy or our processing of your Personal Data, please write to us at [email protected] or by postal mail at:
Blue Modo Media, Inc.
801 US HIGHWAY 1
North Palm Beach, FL 33408
Please allow up to 30 days for us to reply.