Privacy Policy | Aspire Motion

Surge Motion Inc.

Effective date: June 24, 2019

Welcome to Surge Motion Inc. ("us", "we", or "our") operates the Aspire Motion App and Aspire Balance App.

This Privacy Policy explains how we work with (“Customers”) who collect, use, share and protect information in relation to the (“Patient”) (both together referred to as “users“, “you” or “your”) with our Aspire Motion App and Aspire Balance App (collectively, the "Service").

By using our Service, you understand and agree that we are providing a platform for capturing Patients’ walking gait and balance via an IMU (Inertial Measurement Unit) sensor, (“Patient Measure Data”). With this data, the Aspire Motion App and the Aspire Balance App can help assess the likelihood of falling and can recommend certain exercises and/or insoles to improve the patient’s balance.

This Policy applies to all users who access the Service. In providing the Service, we collect information captured indirectly through the Aspire Motion App and the Aspire Balance App. We and Patients are bound by the terms and permissions granted by Patients under this Privacy Policy.

Information we collect directly and indirectly from Patients is shared with Customers with written consent before the exam and is never shared with third parties outside Surge Motion Inc. (or the group of companies of which Booguu Company Limited is a part) without consent of that Patient, except as noted in this Policy.

1. INFORMATION WE COLLECT

We collect/provide the following types of information:

Information exchanged between Surge Motion Inc. and the Customer directly:

Information provided by the Customer (e.g., company name, address, user account names, passwords, etc.).
Information captured through the Aspire Motion and Aspire Balance apps (“App Data”) (e.g., user account, time, etc.)
Aspire Reports. For example, we may provide a summary of Patient Statistics (e.g., balance results by age groups, sex, etc.). Note that Customers may not opt out of Service-related e-mails.

Information Patients provide us directly and indirectly through the Service:

Patient Profile Data acquired through the Service (e.g., name, email address, age range, sex, etc.).
Patient Measure Data (via an IMU sensor) collected through the Service.

Information we collect automatically:

Log File information:

Log file information is automatically reported by devices used with the Service when users access the Service. When using the Service, we log errors and other non-user sensitive information in order to improve the Service. Log information may include device and locality information.

Device identifiers:

When you use a mobile device like a tablet and/or an IMU sensor to access the Service, we may access, collect, monitor, store on the device, and/or remotely store one or more "device identifiers." Device identifiers are small data files or similar data structures stored on or associated with a mobile device, which uniquely identify a mobile device. A device identifier may be data stored in connection with the device hardware, data stored in connection with the device's operating system or other software, or data sent to the device by Surge Motion Inc..
A device identifier may deliver information to us or to a third party partner about how users use the Service and may help us derive and provide reports. Some features of the Service may not function properly if use or availability of device identifiers is impaired or disabled.

2. HOW WE USE INFORMATION WE COLLECT

In addition to some of the specific uses of information we describe in this Privacy Policy, we may use information that we receive to:

Help Customers and Patients efficiently access information after signing in
Remember information so Customers and Patients will not have to re-enter it during a session or the next time visiting the Service Provider
Improve, test, and monitor the effectiveness of our Service
Develop and test new products and features
Monitor metrics such as total number of customers and demographic patterns
Diagnose or fix hardware and/or software problems
Automatically update the Aspire application on devices

3. SHARING OF INFORMATION

Information Customers provide us directly:

We will not rent or sell information provided to us directly from Customers, including user account info, to other Customers or to third parties outside Surge Motion Inc. (or the group of companies of which Surge Motion Inc. is a part) without Customer consent, except as noted in this Policy.

Parties with whom we may share Patient Data:

Patient information provided directly by Patients (e.g., Patient Profile data, Measure Data, etc.) and information provided indirectly through the Service (e.g., Measure Results) is granted to the Customer by each Patient prior to the data collection process.
Patients are able, through the Booguu Patient web portal to remove permanently their collected information at any time.
Patient Profile, Measure Data and Measure Results shared with Customers may be used by Customers to improve their services to the Patient.
If information posted to the Service by Patients is removed, copies may remain if Customers using the Service have copied or saved that information.

Parties with whom we may share information we collect automatically:

We may share Patient information (including but not limited to, information from analytics, log files, device identifiers and metadata) with businesses that are legally part of the same group of companies that Surge Motion Inc. is part of, or that become part of that group ("Affiliates"). Affiliates may use this information to help provide, understand, and improve the Service (including by providing analytics) and Affiliates' own services (including by providing Customers and Patients with better and more relevant experiences). But these Affiliates will honor the terms of our privacy Policies and Terms of Use.
We also may share information from tools like log files, and device identifiers and metadata, with third-party organizations that help us provide the Service ("Service Providers"). Our Service Providers will not be given access to Customer and Patient information.
We may remove parts of data that can identify individual users and share anonymous data with other parties. We may also combine user information with other information in a way that it is no longer associated with specific users and share that aggregated information.

What happens in the event of a change of control:

If we sell or otherwise transfer part or the whole of Surge Motion Inc. or our assets to another organization (e.g., in the course of a transaction such as a merger, acquisition, bankruptcy, dissolution, liquidation), the information we have collected from Customers directly (such as User and Device Data), Patient directly and indirectly (such as Patient Profile, Measure Data and Result Data) and any other information collected through the Service may be among the items sold or transferred. The buyer or transferee will have to honor the commitments we have made in our Terms of Service and Privacy Policies.

Responding to legal requests and preventing harm:

We may access, preserve and share your information in response to a legal request (like a search warrant, court order or subpoena) if we have a good-faith belief that the law requires us to do so. This may include responding to legal requests from jurisdictions outside of the United States where we have a good-faith belief that the response is required by law in that jurisdiction, affects users in that jurisdiction, and is consistent with internationally recognized standards. We may also access, preserve and share information when we have a good-faith belief it is necessary to: detect, prevent and address fraud and other illegal activity; to protect ourselves, you and others, including as part of investigations; and to prevent death or imminent bodily harm. Information we receive about Patients may be accessed, processed and retained for an extended period of time when it is the subject of a legal request or obligation, governmental investigation, or investigations concerning possible violations of our terms or policies, or otherwise to prevent harm.

4. HOW WE STORE INFORMATION

Storage and Processing:

Information collected through the Service may be stored and processed in the United States or any other country in which Surge Motion Inc., its Affiliates or Service Providers maintain facilities.
Surge Motion Inc., its Affiliates, or Service Providers may transfer information that we collect about the Patient, including personal information across borders and from your country or jurisdiction to other countries or jurisdictions around the world. For users located in the European Union or other regions with laws governing data collection and use that may differ from United States law, please note that we may transfer information, including personal information, to a country and jurisdiction that does not have the same data protection laws as your jurisdiction.
We use commercially reasonable safeguards to help keep the information collected through the Service. However, Surge Motion Inc. cannot ensure the security of any information collected by Surge Motion Inc. or guarantee that information on the Service may not be accessed, disclosed, altered, or destroyed.

5. YOUR CHOICES ABOUT YOUR INFORMATION

Patient Profile, Measured and Measured Result Data:

Patients can request to permanently remove their collected data via the Surge Motion Inc. web portal.

How long we keep your information:

Following termination or deactivation of an account, Surge Motion Inc., its Affiliates, or its Service Providers may retain information (including Patient Profile Data) for a commercially reasonable time for backup, archival, and/or audit purposes.

6. CHILDREN'S PRIVACY

Surge Motion Inc. does not knowingly collect or solicit any consumer information from anyone under the age of 13 without parental consent. In the event that we learn that we have collected personal information from a child under age 13 without parental consent, we will delete that information as quickly as possible. If you believe that we might have any information from or about a child under 13, please contact us.

7. OTHER WEBSITES AND SERVICES

We are not responsible for the practices employed by any website or services linked to or from our Service, including the information or content contained within them and our Privacy Policy does not apply to those third-party websites or services. Your browsing and interaction on any third-party website or service are subject to that third party's own rules and policies. In addition, you agree that we are not responsible and do not have control over any third parties that you authorize to access your information. If you are using a third-party website or service and you allow them to access your information you do so at your own risk.

8. HOW TO CONTACT US

If you have any questions about this Privacy Policy or the Service, please contact us at support@surgemotion.bio.

9. CHANGES TO OUR PRIVACY POLICY

Surge Motion Inc. may modify or update this Privacy Policy from time to time, so please review it periodically. We may provide you additional forms of notice of modifications or updates as appropriate under the circumstances. Your continued use of Surge Motion Inc. or the Service after any modification to this Privacy Policy will constitute your acceptance of such modification.