Last Updated:November 13, 2024
At Emerja, protecting your personal data is a task we take seriously. Our products are designed to help you to track important aspects of your health. This Privacy Policy (“Policy”) is designed to provide you with the information you need to understand how we use your personal data. Please take a moment to carefully review this Policy.
This Policy applies to processing of personal data by Emerja Corporation ("Emerja") when you visit our web properties (“Sites”); use the Enerji Device with the Emerja App, or use other Emerja services (“Services”).
The sections below explain the categories of personal data we collect and process, as well as the reasons we do so. You will also find information on our legal basis for processing your data, and our data sources.
When you use Emerja Services, we collect and processes your personal data for the following purposes:
Data protection law in Europe and the U.K. requires a "lawful basis" for collecting and retaining personal information from residents of the European Economic Area. Our lawful bases for processing your data depend on the particular processing purposes, including:
In most cases, Emerja collects personal data directly from you, such as when you register for an account or use your Enerji Device. We may also process personal data that is produced from the information you provide to us. Emerja may also rely on trusted third-party processors to process data on our behalf, such as our cloud service providers.
Emerja processes the following personal data categories when you use our Services:
Emerja services include allowing you to share your Enerji Device data with your doctor, medical professional, or other researchers (“Data Recipient”). If you choose to participate in Emerja Data Sharing, once you consent to sharing your personal data with the Data Recipient, the data that you sync to your Emerja App is available for the Data Recipient to view and store in their own data collection and processing systems. The Emerja service shows Data Recipients your health-related statistics in both summary and detailed forms, including temperature measurements such as skin temperature and ambient temperature over time, patterns and variations in such temperature measurements, usage data, activity level, and other data that you sync to your Emerja App.
Once your data is shared to the Data Recipient, the Data Recipient becomes the controller of your personal data. The Data Recipient is responsible for its processing of your personal data according to applicable laws. Your personal data is used by the Data Recipient in accordance with its own privacy policy. Emerja is not responsible for the security of personal data in the Data Receipient’s data systems once it has been shared to the Data Recipient’s data systems.
If you have questions or requests concerning your personal data after it has been transferred to the Data Recipient, such as how the Data Recipient uses your data, where it is transferred to, who can access it, retention policies, or your rights in relation to that data, please contact the Data Recipient that invited you to participate in Emerja services. Please see the privacy policy of the Data Recipient for contact details.
Your personal data is disclosed to the Data Recipient only if you give consent to it. You can withdraw your consent at any time by contacting Emerja at our website at emerja.io. Please note that withdrawing your consent from the Emerja service does not affect the processing of data that the Data Recipient may have already extracted from the Emerja service.
Emerja uses aggregated data for analytics, statistics, research and development purposes. Emerja is the controller of such aggregated data, which may no longer qualify as personal data due to the aggregation. For other data Emerja processes which are not at the direction of the Data Recipient, the rest of the terms in this Privacy Policy apply.
This notice supplements the information contained in Emerja’s Privacy Policy and applies solely to all visitors, users, and others who reside in states within the U.S. with enhanced privacy notice requirements, such as California ("customers" or "you"), and who access Emerja’s Sites or Services. Please be aware that in some instances, Emerja may be acting as a Business Associate under the Health Insurance Portability and Accountability Act (HIPAA). The U.S. state privacy rights outlined in this section may apply.
When a customer interacts with Emerja’s Sites or Services, Emerja collects information that identifies, relates to, describes, references, is reasonably capable of being associated with, or could reasonably be linked, directly or indirectly, with a particular consumer, device, or household ("personal information" or “personal data”). Information about the categories of personal information we collect, the purposes for which your personal information is processed, and any sharing of your personal information can be found from relevant sections of this Privacy Policy above. In the preceding twelve (12) months, Emerja has not sold personal information to third parties, including data aggregators, as it is against our policies. We have collected and disclosed only the categories of personal information processed by Emerja under this Policy as described in the Data Sharing and Disclosures section.
If you are a resident of a state with enhanced rights related to the personal information Emerja may process about you, you have certain rights:
U.S. State laws may give you the right to request that we disclose the personal information we have collected about you over the past 12 months, which we only provide after we receive and validate your request. Once we receive and confirm your verifiable request, we will disclose to you:
You have the right to request correction of your personal information. After we receive and validate your request, we will correct your personal information, unless an exception applies.
You have the right to request erasure of your personal information, subject to certain exceptions, such as when we have a legal obligation to retain the data in question. After we receive and validate your request, we will delete your personal information, as well as direct our service providers to delete your personal information unless an exception applies.
If you reside in a state that provides for enhanced privacy rights, you can request disclosure, access to, correction, and/or deletion of your personal data as described above by submitting a verifiable consumer request to us by visiting our website at Emerja.io.
We may request that you provide additional information if necessary to confirm your identity. This is for security purposes and is required by law in some cases. Only you, or a person registered with the appropriate mechanism associated with your state of residency that you authorize to act on your behalf, may make a verifiable consumer request related to your personal information. You may also make a verifiable consumer request on behalf of your minor child.
You have the right to make a free request up to two times in any 12-month period. We will respond to all validated requests within 45 days of receiving your request, unless we request an extension. If we reasonably require an extension in order to respond to your request, we will notify you of any such extension within the initial 45-day period.
Emerja does not discriminate against users who request to exercise their privacy rights. Unless an exception applies, this includes our promise not to:
Emerja does not sell or rent your personal information, and only shares your personal data with certain trusted service providers and partners so that we can provide and improve our services, to provide partner services and other offerings, and to operate our business. Whenever we share data with third-party service providers, we require that they use your information only for the purposes we've authorized, and for the limited reasons explained in this Policy. We also require these service providers to protect your personal information to at least the same standards that we do. Like most companies, Emerja uses service providers for purposes such as:
Your personal data may at times be processed on servers located outside of the country where you live. Although data protection laws vary among countries, regardless of where your personal data is processed, we apply the same protections described in this Policy. We also comply with certain legal frameworks relating to the transfer of personal data, such as the frameworks described below.
If Emerja transfers personal information received under the Data Privacy Frameworks to a third-party, the third-party’s processing of the personal data must also be in compliance with our Data Privacy Frameworks obligations, and we will remain liable under the Data Privacy Frameworks for any failure to do so by the third-party, unless we prove we are not responsible for the event giving rise to the damage.
Emerja is subject to the investigatory and enforcement powers of the US Government. In certain situations, Emerja may be required to disclose the personal information we process under the Data Privacy Frameworks in response to lawful requests by public authorities, including to meet national security or law enforcement requirements.
We also reserve the right to disclose personal data under certain specific circumstances, including:
Emerja uses technical and organizational safeguards to keep your data safe and secure. When appropriate, these safeguards include measures such as anonymization or pseudonymization of personal data, strict access control, and the use of encryption to protect the data we process.
Our personnel receive adequate training to ensure personal data is processed only in accordance with our internal policies, consistent with our obligations under applicable law. We also limit access to your sensitive personal data to personnel that have specifically been granted such access.
Online services that we provide via our Site protect your personal data in-transit using encryption and other security measures. We also regularly test our service, systems, and other assets for possible security vulnerabilities.
We update our Services regularly to protect your personal data. We recommend that you make sure that you always have the latest app and firmware versions installed in order to maximize protection of your data.
The retention period for your personal data generally depends on the duration of your Emerja account lifecycle. Your personal data may be deleted when it is no longer needed for the purpose for which it was originally collected, unless we have a legal obligation to retain data for a longer period of time. Emerja also has legal obligations to retain certain personal data for a specific period of time, such as for tax purposes. These required retention periods may include, for example, accounting and tax requirements, legal claims, or for any other legal purposes. Please note that obligatory retention periods for personal data vary based on the relevant law.
If you wish, you may request deletion of your Emerja account by visiting our website at emerja.io.
Whenever Emerja processes your personal data, you have certain rights that enable you to control how your personal data is being processed. This section provides you with information about each of those rights. If you wish to exercise your rights as a data subject, please contact use through our website at emerja.io with your request to do so.
We reserve the right to update this Policy from time to time at our sole discretion. We strive to let you know about any material changes by notifying you on our Site or by sending you an email or push notification. If you keep using Emerja Services after a change to this Policy, your continued use means that you accept any such changes.