Privacy

Effective as of May 25, 2018

This privacy policy governs your use of Figure 1, a software application (“Application”) that was created by Figure 1, Inc. The Application includes a method for viewing medical cases, a database of medical images, comments and questions, and mechanisms for users to upload medical cases to the database. These features and cases are collectively referred to as "the Services.".

USER CONTENT
By submitting Personal User Information through our Site or Services, you agree to the terms of this Privacy Policy, and you expressly consent to the collection, use and disclosure of your Personal Data to third party service providers used in connection with making certain Services available to you. If you do not agree, you should discontinue use of the Site and Services immediately.

SECTION 1
What information does the Application obtain and how is it used?

 

User-Provided Information

The Application obtains the information you provide when you download and register for the Application. This includes the following categories of information: Personal User Information, User-Provided Case Information, Optional User-Provided Information and Automatically Collected Information.

PERSONAL USER INFORMATION

When you register for Figure 1, you provide your:

  • email address

  • username

  • password

  • specialty (selected from a drop-down menu)

  • areas of interest

  • verification details.
     

We store your username, country, and specialty. Your password is cryptographically hashed, and your email address is encrypted.

These informational elements are referred to collectively as your “Personal User Information.” We collect and hold this information for the purpose of administering your use of the Application.

You are solely responsible for (1) maintaining the strict confidentiality of your Personal User Information, (2) not allowing another person to use your Personal User Information to access the Services, (3) any and all damages or losses that may be incurred or suffered as a result of any activities that occur under your Personal User Information. You agree to immediately notify Figure 1, Inc. in writing by email to privacy@figure1.com of any unauthorized use of your Personal User Information or any other breach of security. Figure 1, Inc. is not and shall not be liable for any harm arising from or relating to the theft of your Personal User Information, your disclosure of your Personal User Information, or the use of your Personal User Information by another person or entity.

USER-PROVIDED CASE INFORMATION

Based on your account status, you may perform the following tasks:

  • Upload cases with captions and tags

  • Share cases

  • Comment on cases

  • Answer medical and non-medical questions, and

  • Create Collections.
     

(a) Upload cases and captions. We will store your uploaded cases, case captions, case creation dates, number of times the image tag is used, common variations of image tags (such as misspellings), and information on whether the tag appears in searches among other data points. The Application stores only de-identified images, not the original unedited image, which may contain personally identifying features. (See list of identifying features in the Content Policy).

(b) Comment on cases. We will store your comments, the dates of comments, and the username connected to the comments.

(c) "Save" cases. We will store the cases you have "saved" into "Collections," as well as the date they were saved and the username connected to those cases.

(d) Flag cases and comments provided by other users (i.e., to indicate that identifiable information may have been improperly included in a case, caption, or comment). Until or unless the case or comment is deleted, we will store the cases and comments that you flag, the subcategory of the flagged case, the date flagged, and the username referenced to the flagged case or comment.

These informational elements shall be referred to as “User-Provided Case Information.” All User-Provided Case Information that you generate in the Application must comply with local, national, provincial, state, and federal privacy legislation and best practices. Identifying information must be removed from any uploaded cases and should not be included in any captions or comments. The Application is enabled with Figure 1, Inc.’s proprietary features, such as automatic and manual information-blocking tools, to help you remove direct identifiers and other common identifiers from User-Provided Case Information, but the existence of these tools does not release you from any obligations under local, national, provincial, state, and federal laws to maintain the privacy of patients or other users.

We will store the date your account was created, the Application version, and the last login date.

In order to improve the Application, personalize the content, and make recommendations for you, we use and analyze the User-Provided Case Information and Automatically Collected Information (see below). We conduct surveys and research, test features in development and analyze the information to improve our products and services, develop new features, and conduct audits and quality assurance.

We may share or disclose aggregated and anonymized User-Provided Case Information. This information does not include your name, email address, or any other non-public information. We may share your User-Provided Case Information to partners that may use this data for an independent purpose.

 

OPTIONAL USER-PROVIDED INFORMATION

You have the option to:

  • Request verification of your status as a healthcare professional. If you choose this option, you will be asked to provide us with additional information, which we will cross-reference with publicly available data to ensure that you are a licensed healthcare professional. If you are verified, we will store your status as a “verified healthcare professional.” You are required to update your status as necessary.

  • Invite colleagues to join Figure 1 so that they can use the Application. If you choose to do this, the Application will access the address book on your mobile device to enable you to choose which of your colleagues you would like to invite to the Application. While we may access your address book, we do not store your complete address book.

  • Expand your user profile with additional information. You may complete any of the following fields: real name, state, country, institution, categories of interest, graduation date, and years of experience, among others. You may include a short biography and upload a profile picture. You are responsible for the accuracy of all of the information you provide. This information is public and can be seen by other users.

  • Respond to surveys. We may survey users or solicit comments and opinions. If you respond, the information will be used to learn more about healthcare, to help improve your experience on the Application, and for other purposes of Figure 1, Inc. We use, share, and store this information in the aggregate only, with the exception of comments, which will be linked to your user profile.
     

AUTOMATICALLY COLLECTED INFORMATION
In order to improve the Application and deliver the Services, the Application may collect certain information automatically. All information stored on our server will not be accessible by third parties.

When you access or use the Services, we automatically collect information about you, including:

  • Log Information. We log information about your use of the Services, including the type of browser you use, access times, pages viewed, your IP address, and the link you visited before navigating the Services.

  • Device Information. We collect information about the computer or mobile device you use to access the Services including the hardware model, operating system and version, unique device identifiers, and mobile network information.

  • Information Collected by Cookies and Other Tracking Technologies. We use various technologies to collect information, and this may include sending cookies to your computer or mobile device. Cookies are small data files stored on your hard drive or in device memory that helps us to improve the Services and your experience, see which areas and features of the Site are popular and count visits. We may also collect information using web beacons (also known as "gifs", "pixel tags" and "tracking pixels"). Web beacons are electronic images that may be used on the Services or emails and help deliver cookies, count visits, understand usage, campaign effectiveness, and determine whether an email has been opened and acted upon.
     

Most web browsers are set to accept cookies by default. If you prefer, you can choose to set your browser to remove or reject browser cookies. Please note that if you choose to remove or reject cookies, this could affect the availability and functionality of the Services.

We may use the information provided by you to contact you from time to time to provide you with important information, push notifications, and marketing promotions. You will be given the option to opt-out of these notifications.

SECTION 2:
Does the Application collect precise real-time location information of the device?

This Application does not collect precise information about the location of your mobile device.

 

SECTION 3:
Do third parties see and/or have access to information obtained by the Application?

Anything you do, post, and share using the Services may be seen by other users. Therefore, you do not have a reasonable expectation to privacy when using the Services. The Services are designed to allow you to share information, cases and comments with other users. Your Personal User Information, User Provided Case Information, Optional User-Provided Information and any other Content you voluntarily provide may be used by Figure 1 Inc. for enhancing the Services. Figure 1 Inc. hereby reserves the right to and may alter, decompile, dissemble, and create derivative works of any and all such materials. You expressly consent to Figure 1 Inc.'s use of the Content in this manner and understand that such information may be cross-marketed and shared with other users and third parties who may have an interest in your use of Figure 1.

We will disclose Personal User Information and Automatically Collected Information, as described above, within or outside your jurisdiction, in the following circumstances:

  • as required by law, such as to comply with a subpoena, or similar legal process;

  • when we believe in good faith that disclosure is necessary to protect our rights, protect your safety or the safety of others, investigate fraud, or respond to a government request;

  • with our trusted services providers who work on our behalf, do not have an independent use of the information we disclose to them, and have agreed to adhere to the rules set forth in this privacy statement;

  • if Figure 1, Inc. is involved in a merger, acquisition, or sale of all or a portion of its assets, you will be notified via email and/or a prominent notice on our Website and/or Application of any change in ownership or uses of this information, as well as any choices you may have regarding this information; and

  • we disclose user email addresses to third-party email service providers in order to deliver to users Figure 1 informational, service and content emails.
     

User-Provided Case Information may be shared more broadly with third parties and Figure 1 Clients.

We may create Anonymous Data from User Provided Informational by excluding information (such as your name) that makes such data personally identifiable. We reserve the right to use and disclose Anonymous Data for any purpose in our sole discretion.

 

SECTION 4:
What are my opt-out rights?

You can stop all collection of information by the Application by uninstalling the Application. You may use the standard uninstall processes that may be available as part of your mobile device or via the mobile application marketplace or network.

You may opt out of the aforementioned content announcements and messages. However, the Application will not allow you to opt out of any announcements and messages related to the implementation of this Policy and your obligations thereunder. As such, should your uploaded cases, case captions, or comments contain identifying information about a patient (as described in the Terms of Service), you will receive messages from Figure 1, Inc. notifying you of a potential privacy violation associated with this content.

You may also delete your account by going to your profile and tapping and holding the “Logout” button. You will be asked to confirm that you would like to delete your account. If you confirm, your profile information will be automatically deleted from the Figure 1 server. Your cases and comments will be anonymized and attributed to "Healthcare Professional." You may request to have all images and comments associated with your account deleted. However, we cannot guarantee that we will be able to recall and delete images that have been provided to third parties, such as medical journals or medical education websites. Please note that we may retain certain information as required by law or for legitimate business purposes.

When we delete any information, it will be deleted from the active database, but may remain in our archives. We may also retain your information for fraud or similar purposes. All provisions of this Privacy Policy which by their nature should survive termination, shall survive termination, including without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.

SECTION 5:
Data Retention Policy, Managing Your Information

You may update, correct or delete information about you at any time by logging in to your Profile.

We will retain User-Provided Information as described above for as long as you use the Application, and will delete it if you delete your account, which can be done by tapping and holding the "Logout" button on the settings page within the profile tab in the Application or by contacting us via support@figure1.com. You will be asked to confirm that you would like to delete your account. If you confirm, your profile information will be automatically deleted from the Figure 1 server. Your cases and comments will be anonymized and attributed to "Healthcare Professional." You may request to have all images and comments associated with your account deleted. However, we cannot guarantee that we will be able to recall and delete images and comments that have been provided to third parties, such as medical journals or medical education websites. Please note that we may retain certain information as required by law or for legitimate business purposes.

If you contact Figure 1, Inc. to delete your account, the change will be processed within seven (7) calendar days.

SECTION 6:
Security

We are concerned about safeguarding the confidentiality of your User-Provided Information. We provide physical, electronic, and procedural safeguards to protect information we process and maintain. For example, your password is cryptographically hashed and your email address is encrypted.

We limit access to your User-Provided Information to authorized employees and contractors who need to know that information in order to operate, develop, or improve the Application. Please be aware that, although we will take reasonable steps to safeguard and maintain security of User-Provided Information that we process and maintain, no security system can prevent all potential security breaches. Please refer to the Terms of Service for more details about Figure 1, Inc.’s and your obligations with respect to the proper use of the Application and notification obligations thereunder.

SECTION 7:
Changes

This Privacy Policy may be updated from time to time for any reason. Each time you use the Application, the most current version of the Privacy Policy will apply. We will notify you of any changes to our Privacy Policy by posting the new Privacy Policy here. You are advised to consult this Privacy Policy regularly for any changes. Unless stated otherwise, the most current version of the Privacy Policy applies to all information that we have about you. We will not materially change our policies and practices to make them less protective of your privacy without the consent of affected users.

SECTION 8:
Your Consent

By using the Application, you are consenting to our processing User-Provided Information and Automatically Collected Information as set forth in this Privacy Policy now and as amended by us. “Processing” means using cookies on a computer/hand-held device or using or touching information in any way, including, but not limited to, collecting, storing, deleting, using, combining, and disclosing information.

If you have any questions regarding privacy while using the Application, have questions about our practices, or wish to make a complaint about our handling of your personal data, please contact us via email here. We will make every effort to investigate and respond to your complaint in a timely way.

Any and all good-faith disclosures of privacy concerns under this Policy will not be used to restrict or prohibit you from continuing to use the Application to the extent permitted by law. However, disclosure of any unlawful practices implicating the Privacy Policy to Figure 1, Inc. does not release you from your obligations to notify local, national, provincial, state, and federal authorities of any violation of law related to your use of the Application.

SECTION 9:
Notice to Residents of California

California law permits customers in California to request certain details about how their information is shared with third parties and, in some cases, affiliates, for those third parties' and affiliates' own direct marketing purposes. Under the law, a business must either provide this information or permit California customers to opt in to, or opt out of, this type of sharing. We may from time to time elect to share certain information you collected by us on the Services with third parties or affiliates for those third parties' or affiliates' own direct marketing purposes.

If you are a resident of California, California Civil Code Section 1798.83 permits you to opt out and/or request information regarding the disclosure of your personal information by us to third parties for the third parties’ direct marketing purposes. This Policy applies only to their activities within the State of California. To make such a request, please send an email to privacy@figure1.com or write us at:

200 Wellington St. West, Suite 900, Toronto, Ontario, Canada M5V 3C7

Any such request must include "California Privacy Rights Request" in the first line of the request and include your name, street, address, city, state, and ZIP code. Please note that we are only required to respond to one request per customer each year, and we are not required to respond to requests made by means other than through this email address or mail address. California residents are also entitled to contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs in writing at 1625 North Market Blvd., Sacramento, CA 95834, or by telephone at (916) 445-1254 or (800) 952-5210 for suspected violations and to learn more about their rights.

SECTION 10:
Additional Terms for Residents of the United Kingdom, Norway, Iceland, Kazakhstan, Turkey, The Russian Federation, South America, Ukraine, Uzbekistan and The European Union

If you are a resident of the United Kingdom, Norway, Iceland, Kazakhstan, Turkey, the Russian Federation, South America, Ukraine, Uzbekistan, or the European Union, legislation* permits you to request that we tell you what personal information we hold about you and how we process it and that we provide you with a copy of that information. You are also entitled to access, rectify, change, update, delete, revoke, or improve upon your personal information at any time. You can exercise this right free of charge. We may ask you to provide further information to confirm your identity before considering your request. To make such a request, please send an email to privacy@figure1.com or write to us at:

200 Wellington St. West, Suite 900, Toronto, Ontario, Canada M5V 3C7 or

Digital + Ethics: 15 rue Rougemont, 75009 Paris (if you are a resident of France).

If you use the Application to invite colleagues to join Figure 1 or to share cases with a colleague, you must first have their consent to use their email address for this purpose. Figure 1, Inc. will rely on your obtaining that consent.

 

For purposes of providing the Application, Figure 1, Inc. may transfer your Personal User Information (including User-Provided Information) to servers located in the United States or other countries outside of the European Economic Area/Ukraine which provide for a different level of data protection. By using and continuing to use the Application, you agree to that transfer.

The Personal User Information we hold is used solely for the purposes of operating the Application and communicating with you. We will not provide Personal User Information, unless anonymized and aggregated, to any third parties, other than service providers acting on our behalf to assist in running the Application. The information we request from you is mandatory unless indicated otherwise and is necessary to enable Figure 1, Inc. to provide you with the Application. You are also entitled to object to any processing of your personal data on reasonable grounds.

If you are a resident of Ukraine, you are hereby informed that Figure 1, Inc. shall be your personal data controller, processing information defined as User-Provided Information and Automatically Collected Information. Apart from the rights listed in this section above, you also have the following rights as regards personal data protection:

  • the right to be aware of the collecting sources, location of your personal data, processing purpose, location and/or place of residence (location) of the controller or the processor of your personal data, or to give the respective instruction to obtain such information to authorized parties, except the cases, established by law;

  • the right to obtain the information about the terms for granting access to your personal data, including the information on the third parties to whom your personal data is transferred;

  • the right to obtain no later than thirty (30) calendar days from the moment of the request submission, except for the cases, established by law, a response regarding whether your personal data is processed, as well as to obtain the content of your personal data currently processed;

  • the right to protect your personal data from illegal processing and unintended loss, damage resulting from purposeful concealment, nondisclosure or untimely disclosure, as well as to protect the information that is inaccurate, or discrediting honor, dignity and business reputation of the individual;

  • the right to claim for the protection of your rights with respect to your personal data to the Parliament Commissioner of Ukraine on Protection of Human Rights or court;

  • the right to bring the means of legal protection in case of violation of personal data protection legislation;

  • to make a reservation with regard to restrictions of the right to processing your personal data when granting consent to your personal data processing;

  • to withdraw your consent for personal data processing;

  • to know the mechanism of automatic personal data processing;

  • to be protected from an automated decision that has legal consequences for you.


*Legislation

Argentina – Personal Data Protection Act N°25.326


Austria – The Data Protection Act 2000

Belarus – The Information, Informatization and Data Protection Act N°455-3 of 10 November 2008

Belgium – The Data Protection Act of 08 December 1992

Denmark – The Act on Processing of Personal Data

Finland – The Data Protection Act (523/1999)

France – The Law n°78-17 on Computers and Data Processing

 

Germany – The Federal Data Protection Act

Greece – Law 2472/1997 on the Protection of the Individual from Processing Personal Data, as amended and in force

Iceland – The Icelandic Data Protection Act

Italy – Legislative Decree 196/2003

Kazakhstan – Law on Personal Data and Its Protection from 21 May 2013 No. 94-V

Netherlands – Dutch Personal Data Protection Act 2000

Norway – Act of 14 April 2000, No. 31 relating to the processing of personal data (Personal Data Act)

Portugal – The Data Protection Act (Law 67/98 of 26 October)

The Russian Federation – Federal Law of the Russian Federation “On Personal Data”

Spanish Kingdom – Spanish Data Protection Act 15/1999 and Spanish Data Protection Royal Decree 1720/2007

Sweden – The Personal Data Act (1998:204)

Ukraine – The Personal Data Protection Act of June 01, 2010 No 2297-VI

United Kingdom – The Data Protection Act 1998

Uzbekistan – Law on Principles and Guarantees of Freedom of Information No 439-II dated 12.12.2002

SECTION 11:
Additional Terms For Residents of Australia, New Zealand, China, India, Israel, Japan, and South Africa


If you are a resident of the Australia, New Zealand, China, India, Israel, Japan, or South Africa privacy legislation permits you to request that we tell you what personal information we hold about you and provide you with a copy of that information. You also have the right to request that we correct your personal information if it is inaccurate, out-of-date, or incomplete. We may ask you to provide further information to confirm your identity before considering your request. To make an access and/or correction request, please send an email to privacy@figure1.com or write us at:

200 Wellington St. West, Suite 900, Toronto, Ontario, Canada M5V 3C7

If you use the Application to invite colleagues to join Figure 1 or to share cases with a colleague, you must first have their consent to use their email address for this purpose. Figure 1, Inc. will rely on your obtaining that consent.

It is not mandatory or legally required for you to provide us with any of your personal information. However, if you do not provide the information that we ask for, you may not be able to access and use all of the Application’s features available to users.

Figure 1, Inc. may transfer your personal data to servers located in other countries for purposes of providing the Application. By using and continuing to use the Application, you agree to that transfer. If you are an Australian resident, you acknowledge that by providing your consent to the transfer to servers located outside Australia, we are not required to take reasonable steps to ensure your personal information is handled in accordance with Australian privacy law.

If you are a user in China, if you notice any personal information leakage or otherwise have any complaint about the protection of your personal information, please contact privacy@figure1.com. We will respond within fifteen (15) days of the receipt of your email.

 

SECTION 12:

Additional Terms for Residents of Lebanon

If you are a user in Lebanon, by tapping the “GET STARTED” button, or accessing or using the Application, you are confirming your approval to have this Privacy Policy drafted in the English language.

SECTION 13:

Additional Terms for Residents of South Korea

 

If you are a resident of South Korea, we will collect and use your User-Provided Information and Automatically Collected Information (hereinafter collectively referred to as “Personal Information,”) after your express prior consent.

It is not mandatory for you to provide us with any of your Personal Information. However, if you do not provide the information that we ask for, you may not be able to access and use all or parts of the Application’s features available to users.

The Personal Information Protection Act and Act on Promotion of Information and Communications Network Utilizations and Information Protection permit you to request that we tell you what Personal Information we hold about you, how we process it, and that we provide you with a copy of that information. You are also entitled to access, rectify, change, update, delete, revoke, or improve upon your Personal Information at any time. You can exercise this right free of charge. To make an access and/or correction request, please send an email to privacy@figure1.com or write to us at:

200 Wellington St. West, Suite 900, Toronto, Ontario, Canada M5V 3C7

The contact details of our Privacy Officer in charge of protecting and managing your Personal Information, and handling inquiries and complaints concerning Personal Information, are as follows:


All of your Personal Information will be stored, processed, and transmitted after encryption.

You may block cookies by activating settings on the browser that allow you to refuse the settings of all or some cookies. Click here for more information about cookies.

We may transfer your Personal Information to servers located in other countries for purposes of providing the Application, after your express prior consent. Our servers are currently located in the U.S.

We do not disclose your Personal Information to any third parties, including service providers.

When we destroy Personal Information, we will take commercially reasonable and technically possible measures to ensure that the information is not restored or regenerated. If we need to retain Personal Information instead of destroying it, we will store and manage such Personal Information or the Personal Information file separately from other Personal Information, to the extent technically possible. If the Personal Information that needs to be destroyed is in the form of an electronic file, we will permanently delete such information in an irrevocable manner. Any other document, printout, letter, and other recorded media will be destroyed by incinerating or shredding.

If you use the Application to invite colleagues to join Figure 1 or to share cases with a colleague, you must first have their consent to use their email address for this purpose. Figure 1, Inc. will rely on your obtaining that consent. The Application will allow you to directly share information and/or send invitations to your colleagues. Figure 1, Inc. will not collect or store the email addresses of your colleagues during this process.  

ABOUT FIGURE 1
LEGAL
HOW  FIGURE 1 WORKS
PRESS