Effective Date: August 4, 2022
Please read this Privacy Notice and Policy carefully before using Our Service. Capitalized terms have meanings defined below for the purposes of this Privacy Notice and Policy.
Magpie Health Analytics, Inc. (“Magpie”, “Us,” “We,” “Our”) has created this Privacy Notice and Policy (this “Policy”) to explain our privacy practices concerning how we collect, use, disclose and otherwise process personal information in connection with operating our business, as well as the rights and choices available to individuals regarding such personal information.
We use Your Personal data to provide and improve the Service. By using the Service, You agree to the collection and use of information in accordance with this Policy.
Do not use the Service if You disagree with the terms in this Policy.
Capitalized Terms used in this Policy are defined below.
Account means a unique account created for You to access our Service or parts of our Service.
Affiliate means an entity that controls, is controlled by or is under common control with a party, where "control" means ownership of 50% or more of the shares, equity interest or other securities entitled to vote for election of directors or other managing authority.
Application means the software program provided by the Company downloaded by You on any electronic device, named MSCORE™.
Business, for the CCPA (California Consumer Privacy Act), refers to the Company as the legal entity that collects Consumers' personal information and determines the purposes and means of the processing of Consumers' Personal Data or on behalf of which such information is collected and that alone, or jointly with others, determines the purposes and means of the processing of consumers' Personal Data, that does business in the State of California.
Company Contact Address means 15019 Madeira Way, St. Petersburg, FL 33708.
Consumer means, for the CCPA (California Consumer Privacy Act), a natural person who is a California resident. A resident, as defined in the law, includes (1) every individual in the USA for other than a temporary or transitory purpose, and (2) every individual who is domiciled in the USA which is outside the USA for a temporary or transitory purpose.
Cookies means small files that are placed on Your computer, mobile device or any other device by a website, containing the details of Your browsing history on that website among its many uses.
Country means Florida, United States.
Data Controller means for the GDPR (General Data Protection Regulation), the Company as the legal person which, alone or jointly with others, determines the purposes and means of processing Personal Data.
Device means any device that can access the Service such as a computer, a cellphone, or a digital tablet.
Do Not Track (DNT) means a concept that US regulatory authorities have promoted, particularly the U.S. Federal Trade Commission (FTC), for the Internet industry to develop and implement a mechanism for allowing internet users to control the tracking of their online activities across websites.
Personal Data means any information that relates to an identified or identifiable individual, which may include, for example, Email Address, First Name, Last Name, Address, State, Province, ZIP/Postal Code, City, or Usage Data.For the GDPR, Personal Data means any information relating to You, such as a name, an identification number, location data, online identifier, or one or more factors specific to the physical, physiological, genetic, mental, economic, cultural, or social identity. For the CCPA, Personal Data means any information that identifies, relates to, describes, or is capable of being associated with, or could reasonably be linked, directly or indirectly, with You.
Sale means for the CCPA (California Consumer Privacy Act), selling, renting, releasing, disclosing, disseminating, making available, transferring, or otherwise communicating orally, in writing, or by electronic or other means, a Consumer's personal information to another business or a third party for monetary or other valuable consideration.
Service means the Application or the Website or both.
Service Provider means any natural or legal person who processes the data on behalf of the Company. It refers to third-party companies or individuals employed by the Company to facilitate the Service, to provide the Service on behalf of the Company, to perform services related to the Service or to assist the Company in analyzing how the Service is used. For the GDPR, Service Providers are considered Data Processors.
Usage Data refers to data collected automatically, either generated by the Service or from the Service infrastructure (for example, the duration of a page visit).
Website refers to Magpie Health Analytics, accessible via https://www.magpiehealthanalytics.com/.
You means the individual accessing or using the Service, or the company, or other legal entity on behalf of which such individual is accessing or using the Service, as applicable.
Under GDPR (General Data Protection Regulation), You can be referred to as the Data Subject or the User as the individual using the Service.
While using Our Service, We may ask You to provide Us with Personal Data that we can use and potentially third parties to contact or identify You.
Usage Data is collected automatically when using the Service.
Usage Data may include information such as Your Device's Internet Protocol address (i.e. IP address), browser type, browser version, the pages of our Service that You visit, the time and date of Your visit, the time spent on those pages, unique device identifiers and other diagnostic data.
When You access the Service by or through a mobile device, We may collect certain information automatically, including, but not limited to, the type of mobile device You use, Your mobile device unique ID, the IP address of Your mobile device, Your mobile operating system, the type of mobile Internet browser You use, unique device identifiers and other diagnostic data.
We may also collect information that Your browser sends whenever You visit our Service or when You access the Service by or through a mobile device.
We use both Session, and Persistent Cookies for the purposes set out below:
Necessary / Essential Cookies
Type: Session Cookies
Administered by: Us
Purpose: These Cookies are essential to provide You with services available through the Website and to enable You to use some of its features. They help to authenticate users and prevent fraudulent use of user accounts. Without these Cookies, the services that You have asked for cannot be provided, and We only use these Cookies to provide You with those services.
Cookies Policy / Notice Acceptance Cookies
Type: Persistent Cookies
Administered by: Us
Type: Persistent Cookies
Administered by: Us
Purpose: These Cookies allow us to remember choices You make when You use the Website, such as remembering your login details or language preference. The purpose of these Cookies is to provide You with a more personal experience and to avoid You having to re-enter your preferences every time You use the Website.
Tracking and Performance Cookies
Type: Persistent Cookies
Administered by: Third-Parties
Purpose: These Cookies are used to track information about traffic to the Website and how users use the Website. The information gathered via these Cookies may directly or indirectly identify you as an individual visitor. This is because the data collected is typically linked to a pseudonymous identifier associated with the device you use to access the Website. We may also use these Cookies to test new pages, features, or functionality of the Website to see how our users react to them.
Targeting and Advertising Cookies
Type: Persistent Cookies
Administered by: Third-Parties
Purpose: These Cookies track your browsing habits to enable Us to show advertising more likely to be of interest to You. These cookies use information about your browsing history to group You with other users with similar interests. Based on that information, and with Our permission, third-party advertisers can place cookies to enable them to show adverts that We think will be relevant to your interests while You are on third-party websites.
The Company may use Personal Data for the following purposes:
To provide and maintain our Service, including monitoring the usage of our Service.
To manage Your Account: to manage Your registration as a user of the Service. The Personal Data You provide can give You access to different functionalities of the Service that are available to You as a registered user.
For the performance of a contract: the development, compliance and undertaking of the purchase contract for the products, items or services You have purchased or of any other contract with Us through the Service.
To contact You: To contact You by email, telephone calls, SMS, or other equivalent forms of electronic communication, such as a mobile application's push notifications regarding updates or informative communications related to the functionalities, products or contracted services, including the security updates, when necessary or reasonable for their implementation.
To provide You with news, special offers, and general information about other goods, services, and events that we offer that are similar to those that you have already purchased or enquired about unless You have opted not to receive such information.
To manage Your requests: To attend and manage Your requests to Us.
For business transfers: We may use Your information to evaluate or conduct a merger, divestiture, restructuring, reorganization, dissolution, or another sale or transfer of some or all of Our assets, whether as a going concern or as part of bankruptcy, liquidation, or similar proceeding, in which Personal Data held by Us about our Service users is among the assets transferred.
For other purposes: We may use Your information for other purposes, such as data analysis, identifying usage trends, determining the effectiveness of our promotional campaigns, and evaluating and improve our Service, products, services, marketing, and your experience.
We may share Your Personal Data in the following situations:
The Company will retain Your Personal Data only for as long as is necessary for the purposes set out in this Policy. We will retain and use Your Personal Data to the extent necessary to comply with our legal obligations (for example, if we are required to retain your data to comply with applicable laws), resolve disputes, and enforce our legal agreements and policies.
The Company will also retain Usage Data for internal analysis purposes. Usage Data is generally retained for a shorter period, except when this data is used to strengthen the security or improve the functionality of Our Service. We are legally obligated to retain this data for more extended periods.
Your information, including Personal Data, is processed at the Company's operating offices and in any other places where the parties involved in the processing are located. It means that this information may be transferred to — and maintained on — computers located outside of Your state, province, country or other governmental jurisdiction where the data protection laws may differ from those from Your jurisdiction.
Under certain circumstances, the Company may be required to disclose Your Personal Data if required by law or in response to valid requests by public authorities (e.g., a court or a government agency).
The Company may disclose Your Personal Data in the good faith belief that such action is necessary to:
The security of Your Personal Data is important to Us, but remember that no method of transmission over the Internet or method of electronic storage is 100% secure. While We strive to use commercially acceptable means to protect Your Personal Data, We cannot guarantee its absolute security.
The Service Providers We use may have access to Your Personal Data. These third-party vendors collect, store, use, process and transfer information about Your activity on Our Service in accordance with their Privacy Policies.
We may use third-party Service providers to monitor and analyze the use of our Service.
Google Analytics is a web analytics service offered by Google that tracks and reports website traffic. Google uses the data collected to track and monitor the use of our Service. This data is shared with other Google services. Google may use the collected data to contextualize and personalize the ads of its advertising network.
For more information on the privacy practices of Google, please visit the Google Privacy & Terms web page: https://policies.google.com/privacy.
We may use Service Providers to show advertisements to You to help support and maintain Our Service.
Google AdSense & DoubleClick Cookie
You may opt out of the use of the DoubleClick Cookie for interest-based advertising by visiting the Google Ads Settings web page: http://www.google.com/ads/preferences/
We may use Your Personal Data to contact You with newsletters, marketing or promotional materials, and other information that may interest you. You may opt out of receiving these communications from Us by following the unsubscribe link or instructions in any email We send or by contacting Us.
We may use Email Marketing Service Providers to manage and send emails to You.
We may provide paid products and/or services within the Service. In that case, we may use third-party services for payment processing (e.g., payment processors).
We may use third-party Service Providers to provide better improvement of our Service.
We use an invisible captcha service named reCAPTCHA. reCAPTCHA is operated by Google.
The reCAPTCHA service may collect information from You and Your Device for security purposes.
We may process Personal Data under the following conditions:
In any case, the Company will gladly help clarify the specific legal basis that applies to the processing, mainly whether the provision of Personal Data is a statutory or contractual requirement or a requirement necessary to enter into a contract.
The Company undertakes to respect the confidentiality of Your Personal Data and to guarantee You can exercise Your rights.
You may exercise Your rights of access, rectification, cancellation, and opposition by contacting Us. Please note that we may ask You to verify Your identity before responding to such requests. If You make a request, We will try our best to respond to You as soon as possible.
You have the right to complain to a Data Protection Authority about Our collection and use of Your Personal Data. For more information, if You are in the European Economic Area (EEA), please contact Your local data protection authority in the EEA.
This privacy notice section for California residents supplements the information contained in this Policy and applies solely to all visitors, users, and others who reside in the State of California.
We collect information that identifies, relates to, describes, references, is capable of being associated with, or could reasonably be linked, directly or indirectly, with a particular Consumer or Device. The following is a list of categories of Personal Data that we may collect from California residents within the last twelve (12) months.
Please note that the categories and examples provided in the list below are those defined in the CCPA. This does not mean that we collected all examples of that category of Personal Data. Still, to the best of our knowledge, it reflects our good faith belief that some of that information from the relevant category may have been collected. For example, specific categories of Personal Data would only be collected if You provided such personal information directly to Us.
Category A: Identifiers.
Examples: A real name, alias, postal address, unique personal identifier, online identifier, Internet Protocol address, email address, account name, driver's license number, passport number, or other similar identifiers.
Category B: Personal information categories listed in the California Customer Records statute (Cal. Civ. Code § 1798.80(e)).
Examples: A name, signature, Social Security number, physical characteristics or description, address, telephone number, passport number, driver's license or state identification card number, insurance policy number, education, employment, employment history, bank account number, credit card number, debit card number, or any other financial information, medical information, or health insurance information. Some Personal Data included in this category may overlap with different categories.
Category C: Protected classification characteristics under California or federal law.
Examples: Age (40 years or older), race, color, ancestry, national origin, citizenship, religion or creed, marital status, medical condition, physical or mental disability, sex (including gender, gender identity, gender expression, pregnancy or childbirth and related medical conditions), sexual orientation, veteran or military status, genetic information (including familial genetic information).
Category D: Commercial information.
Examples: Records and history of products or services purchased or considered.
Category E: Biometric information.
Examples: Genetic, physiological, behavioral, and biological characteristics or activity patterns used to extract a template or other identifier or identifying information, such as fingerprints, faceprints, and voiceprints, iris or retina scans, keystroke, gait, or different physical patterns, and sleep, health, or exercise data.
Category F: Internet or other similar network activity.
Examples: Interaction with our Service or advertisement.
Category G: Geolocation data.
Examples: Approximate physical location.
Category H: Sensory data.
Examples: Audio, electronic, visual, thermal, olfactory, or similar information.
Category I: Professional or employment-related information.
Examples: Current or past job history or performance evaluations.
Category J: Non-public education information (per the Family Educational Rights and Privacy Act (20 U.S.C. Section 1232g, 34 C.F.R. Part 99)).
Examples: Education records directly related to a student maintained by an educational institution or party acting on its behalf, such as grades, transcripts, class lists, student schedules, student identification codes, student financial information, or student disciplinary records.
Category K: Inferences drawn from other personal information.
Examples: Profile reflecting a person's preferences, characteristics, psychological trends, predispositions, behavior, attitudes, intelligence, abilities, and aptitudes.
Under CCPA, personal information does not include:
We obtain the categories of personal information listed above from the following types of sources:
We may use or disclose personal information We collect for "business purposes" or "commercial purposes" (as defined under the CCPA), which may include the following examples:
Please note that the examples provided above are illustrative and not intended to be exhaustive. Please refer to the "Use of Your Personal Data" section for more details on how we use this information.
If We decide to collect additional categories of personal information or use the personal information We collected for materially different, unrelated, or incompatible purposes, We will update this Policy.
We may use or disclose and may have used or disclosed in the last twelve (12) months the following categories of personal information for business or commercial purposes:
Please note that the categories listed above are those defined in the CCPA. This does not mean that all examples of that category of Personal Data were disclosed but reflects our good faith belief that some of that information from the relevant category may be and may have been disclosed.
When We disclose Personal Data for a business or a commercial purpose, We enter a contract that describes the purpose and requires the recipient to keep that personal information confidential and not use it for any purpose except performing the contract.
As defined in the CCPA, "sell" and "sale" mean selling, renting, releasing, disclosing, disseminating, making available, transferring, or otherwise communicating orally, in writing, or by electronic or other means, a consumer's personal information by the business to a third party for valuable consideration. We may have received some kind of benefit for sharing personal information, but not necessarily a monetary benefit.
Please note that the categories listed below are those defined in the CCPA. This does not mean that all examples of that category of personal information were sold but reflects our good faith belief that some of that information from the relevant category may be and may have been shared for value in return.
We may sell and may have sold in the last twelve (12) months the following categories of personal information:
We may share Your personal information identified in the above categories with the following types of third parties:
We do not sell the personal information of Consumers We know are less than 16 years of age unless We receive affirmative authorization (the "right to opt-in") from either the Consumer who is between 13 and 16 years of age or the parent or guardian of a Consumer less than 13 years of age. Consumers who opt into the sale of Personal Data may opt-out of future sales at any time. To exercise the right to opt out, You (or Your authorized representative) may submit a request to Us by contacting Us.
If You have reason to believe that a child under the age of 13 (or 16) has provided Us with personal information, please contact Us with sufficient detail to enable Us to delete that information.
The CCPA provides California residents with specific rights regarding their personal information. If You are a resident of California, You have the following rights:
To exercise any of Your rights under the CCPA, and if You are a California resident, You can contact Us:
Only You, or a person registered with the California Secretary of State that You authorize to act on Your behalf, may make a verifiable request related to Your personal information.
Your request to Us must:
We cannot respond to Your request or provide You with the required information if We cannot:
We will disclose and deliver the required information free of charge within 45 days of receiving Your verifiable request. The period to provide the required information may be extended by an additional 45 days when reasonably necessary and with prior notice.
Any disclosures We provide will only cover the 12 months preceding the verifiable request's receipt.
For data portability requests, We will select a format to provide Your personal information that is readily usable and should allow You to transmit the information from one entity to another without hindrance.
You have the right to opt out of the sale of Your personal information. Once We receive and confirm a verifiable consumer request from You, we will stop selling Your Personal Data. Please get in touch with us to exercise Your right to opt-out.
The Service Providers we partner with (for example, our analytics or advertising partners) may use technology on the Service that sells personal information as defined by the CCPA law. Suppose you wish to opt-out of using Your personal information for interest-based advertising purposes and these potential sales as defined under CCPA law. In that case, you may do so by following the instructions below.
Please note that any opt-out is specific to the browser You use. You may need to opt-out of every browser that You use.
You can opt-out of receiving ads that are personalized as served by our Service Providers by following our instructions presented on the Service:
The opt-out will place a cookie on Your computer that is unique to the browser You use to opt-out. If you change browsers or delete the cookies saved by your browser, You will need to opt-out again.
Your mobile device may give You the ability to opt-out of the use of information about the apps You use to serve You ads that are targeted to Your interests:
You can also stop the collection of location information from Your mobile device by changing the preferences on Your mobile device.
Our Service does not respond to Do Not Track signals.
However, some third-party websites do keep track of Your browsing activities. If You are visiting such websites, You can set Your preferences in Your web browser to inform websites that You do not want to be tracked. You can enable or disable DNT by visiting your web browser's preferences or settings page.
Our Service does not address anyone under the age of 13. We do not knowingly collect personally identifiable information from anyone under 13. If You are a parent or guardian and You are aware that Your child has provided Us with Personal Data, please contact Us. Suppose We become aware that We have collected Personal Data from anyone under the age of 13 without verification of parental consent. In that case, We take steps to remove that information from Our servers.
Suppose We need to rely on consent as a legal basis for processing Your information and Your country requires approval from a parent. In that case, We may require Your parent's permission before We collect and use that information.
Under California Civil Code Section 1798 (California's Shine the Light law), California residents with an established business relationship with us can request information once a year about sharing their Personal Data with third parties for the third parties' direct marketing purposes.
If you'd like to request more information under the California Shine the Light law, and if You are a California resident, You can contact Us using the contact information provided below.
California Business and Professions Code Section 22581 allows California residents under the age of 18 who are registered users of online sites, services or applications to request and obtain the removal of content or information they have publicly posted.
To request the removal of such data, and if You are a California resident, You can contact Us using the contact information provided below and include the email address associated with Your account.
Be aware that Your request does not guarantee complete or comprehensive removal of content or information posted online and that the law may not permit or require removal in certain circumstances.
We have no control over and assume no responsibility for the content, privacy policies, or practices of any third-party sites or services.
We may update Our Policy from time to time. We will notify You of any changes by posting the new Policy on this page.
We will inform you via email and/or a prominent notice on Our Service before the change becomes effective and update the "Last updated" date at the top of this Policy.
If you have any questions about this Policy, You can contact us: