Data Privacy

Terms of use

Psimistri’s procedures are intended exclusively for healthcare professionals. Any other person wishing to use Psimistri’s services must do so with the support of a medical professional and obtain Psimistri’s consent in advance. The test procedures should only be interpreted by healthcare professionals who (i) have expertise in the clinical (neuropsychological) field, including clinical (neuro)psychologists, neurologists, psychiatrists, among others; and (ii) have completed proper training and certification in this regard. This training and certification is available online to all healthcare professionals once their online account has been initialised.

The test results of Psimistri’s procedures do not provide healthcare professionals with a diagnosis, but rather additional information that must be interpreted in light of all medical and other information that these healthcare professionals have about their patients. Therefore, test results cannot be the sole measure used to diagnose a person with cognitive impairment. They may only be interpreted by healthcare professionals who have experience in the cognitive field and who comply with applicable laws (including the standards of practice applicable to their profession) and the limitations, conditions or restrictions that apply to their practice. Healthcare professionals should bear in mind that, as other factors may play a role in interpreting the results of this test, results that are considered ‘normal’ do not necessarily mean that there are no cognitive impairments, and vice versa.

Psimistri and its employees, directors, staff, affiliates, successors or agents, as well as its other representatives, cannot be held liable for any damages, losses, obligations, claims, costs, fines or penalties, fees, contributions or charges that may arise from the administration or interpretation of this test or from any use or interpretation of the results of this test by you or third parties.

Privacy Policy

Psimistri is committed to protecting your privacy. In this regard, Psimistri has developed this Privacy Policy to inform you about the information collection practices and the options available to you when you visit www.psimistri.com (the ‘Website’) or use the Psimistri application, which is compatible with electronic devices such as tablets and smartphones (the ‘Application’). This Privacy Policy applies to information collected from you or about you through this Website and Application during your use of our products and services.

As used in this Privacy Policy, the following terms have the following meanings:

• “Personal Information” means any information relating to an identifiable individual.
• “Patient Information” means any information relating to a patient that you may disclose when using the Psimistri tests. As described in this Privacy Policy, all patient information must be de-identified before being shared with Psimistri.
• “You” refers to a professional who visits or uses our website or application.
• “Your personal information” is any personal information about you and may include, without limitation, information such as your username, password, first name, last name, address, and email address, as well as information about your practice.

1. What is collected and how do we use it?

Unless necessary to facilitate or fulfil an aspect of services, products or features that you purchase, request or register for through the website or application, or as otherwise specified in this privacy policy, we will not sell, rent, lease, share or exchange your personal information with third parties.

Although you can browse the public pages of our website (or application) without registering or proactively disclosing your personal information, please note the following:

Certain sections of our website and application contain forms that require you to provide some of your personal information in order to make online purchases or receive personalised services or features that we cannot offer to anonymous users. Certain other pages of our website and application can only be accessed by registered users. This user must create their own account for the application/website.Please also note that under certain circumstances, you may not be able to (i) use some of the products and services available on the application or website, (ii) make purchases, or (iii) use certain other features of our website and application if you do not provide us with some of your personal data.

1.1 Information disclosed by you

Creating your online account

To access certain pages intended for professionals only, you must create a user account by completing the registration form and creating a user ID and password. To create your user account, you must disclose the following personal information: your first and last name, your email address, your address, your profession, and the institution and department for which you work (or with which you are affiliated). You must also create a password. This information is required to create your unique account and to authenticate you each time you log in.

Creating your patients’ online accounts

In order to administer the Psimistri test to one of your patients (including purchasing a specific test for that patient), you must also create a profile for that patient. For this purpose, and to the extent required by law, you must complete a registration form on behalf of your patient with their prior consent, providing some non-identifying personal information about the patient. Namely: your patient’s file number

patient (provided that this number is assigned randomly so that it is not related to information about the patient and cannot be used to identify the patient and does not pose a risk of re-identification (e.g. the code or other means of re-identification are not disclosed by you)), date of birth, gender and level of education. This information is required to create the profile (and later link the tests and results obtained for this profile as described below).

You may decide to disclose additional information about each patient that could affect the assessment of their abilities (including the use of diagnoses, setting, medications and substances, history of high blood pressure, diabetes, dyslipidaemia, smoking, sleep apnoea, heart disease, stroke, etc.). Such information will only be linked to the above-mentioned, non-identifying information in order to assess the patient’s cognitive performance more accurately and reliably. It will not be used to identify patients. Please note, however, that this information is not required and should only be provided if you believe that it may lead to a better understanding of the clinical factors that may affect your patients’ performance.

Online orders

When you order products or services through our website or application, we collect some of your personal information, such as your name, email address, shipping and other contact information for the recipient of the item (if different from yours), account number (if applicable), and payment information. Please note, however, that all payment information (such as credit card number, billing address, expiry date, and other billing information) is collected and processed directly by PAYPAL and not by Psimistri, and as such is subject to PAYPAL’s privacy policy and terms of use. This service is subject to (as described online at https://www.paypal.com/ca/webapps/mpp/send-money-online?locale.x=de).

This information is required to complete your purchase, deliver the product or service, and provide you (or the specified person) with the purchased product/service.

Evaluation of patient test performance

In order to assess your patients’ performance using Psimistri’s online cognitive tools, you will need to complete online forms and, with your patients’ prior consent, disclose some non-identifying personal patient data, as described above, and the patient’s responses to the test questions. This information is necessary: (i) to enable you to link the tests and results received to the patient profile; (ii) to enable you to properly analyse the tests and test results and, where appropriate, compare them with previous tests; and (iii) to enable you to add the tests and test results to the patient records you maintain; or (iv) to retrieve and consult previous patient tests.After completing a test with your patient, this test must be sent to our online platform for analysis. All submitted answers are analysed using algorithms

controlled by robots. After completing the test, you have the option of exporting this analysis from the application.

Upon receiving one of the test results, you can review and analyse your patient’s score in light of their other uploaded or available medical information and in accordance with applicable training and certification regulations and all legal and ethical obligations.

Training and certification

To ensure consistency and accuracy, training and certification for the administration and evaluation of Psimistri test procedures will be mandatory from 1 September 2020. After 1 September 2020, access to the test procedures will not be possible if training and certification have not been completed.

Request for information, comments and other enquiries

You may provide us with personal data when you voluntarily communicate with us, for example by requesting information by email, using the ‘Contact’ function or similar feedback functions on the website or application, or contacting us by other electronic means. If you wish to receive information about our services or products or make another request, you must provide us with your contact information (such as your name, telephone number or email address/address and additional information, if necessary) so that we can communicate with you and respond to your requests, comments or information requests.

Upgrade and update alerts

Our website and application may notify you by email or other means of updates or upgrades that need to be made to the services or your account in order for the Psimistri testing procedures to function properly. This notification or email will be provided or sent to you as long as you have an online account on the Psimistri platform. You may revoke your consent to receive these communications at any time by following the instructions in the email or other form of communication that provides an opt-out mechanism that can be easily implemented. In this case, Psimistri will use other means. This information will be brought to your attention in accordance with applicable law. You may also receive promotional emails about new products that may help improve testing procedures. You can also unsubscribe from these communications.

Surveys and other voluntary demographic information

Certain forms available on various pages of our website and application may ask users to voluntarily provide a limited amount of demographic information. Psimistri may contact you by email using the email address or other contact information collected when you fill out one of the forms on our website or application. There is an opportunity to participate in research studies.

In addition, Psimistri may conduct online surveys asking for demographic information such as zip code, age, or product usage.

The provision of such demographic information and participation in such surveys or other studies is always voluntary. Psimistri uses the responses on an aggregated, non-identified basis to improve the products and services offered. We do not link your individual responses to your personal data at any time. Psimistri uses this information for internal market research purposes in order to better serve our users.

Marketing, advertising or other transactional communications

We may use your email address or other contact information you have provided to us from time to time to inform you about new features, products or services that may be available on our website or through our application, or to send you news and information relating to Psimistri or its products or services. Such communications will be sent to you in accordance with applicable laws. You may withdraw your consent to receive these promotional communications at any time by following the instructions in the email or other form of communication that provides an opt-out mechanism that can be easily implemented.1.2 Information collected through the use of cookies

Through the use of cookies, we may collect some of your personal data, such as your Internet Protocol address, the manner in which you use and access our website and application, and all other information described below.

Cookies are small text files that are stored on your device’s hard drive. Temporary cookies contain an encrypted unique identifier that remains in your browser until you close your browser software or turn off your device, while the identifier of permanent cookies remains in your browser after you close your browser software or turn off your device.

Process cookies enable our products and services to function properly and track the sequence of your navigation, orders or requests as you browse from one page to another.

Functional cookies are used to store your selections (e.g. language setting, country of residence or other online settings) and to provide the personalised or enhanced features you have selected. Our functional cookies may be used to provide online services to you or to prevent online services from being offered to you if you have previously indicated that you do not wish to receive such services. Our functional cookies collect anonymous information. However, if you have a registration account with us, the information we collect using our functional cookies may be linked to your registration account. For example, if you are a registered user, we may use our functional cookies to track your browsing to understand your experience when accessing our website from different devices.

Session status cookies keep your session active and collect information about your interactions with the services and products for this purpose, such as the pages you visit and the option you select (e.g. ‘Log in’ or ‘Log out’).

Security cookies are used to identify you when you are logged into your account with an encrypted, unique identifier that is linked to your account and stored in your browser.

Statistical and analytical cookies are used to analyse trends, administer our website and application, track your navigation on the website or use of the application, and collect comprehensive demographic information for aggregate use. This allows us to improve the website or application by making it more accessible and easier to navigate and use. For example, we may automatically receive and record information in our server logs from your browser, including your IP address, computer name, web browser type and version, referring addresses, and other generally accepted log information. We may also record page views (hit counts) and other general statistical information and tracking information that is aggregated with that of other users to understand how our website and application are used.

As there is no consensus yet on how companies should respond to web browser-based Do Not Track (‘DNT’) mechanisms, Psimistri does not currently respond to web browser-based DNT signals. However, please note that you can do so. You can manually block and delete cookies. This will not render our products and services unusable, unless you need to ensure that these products and services function without errors. While statistical and analytical cookies can be blocked, this is not the case for process, session status and security cookies, as they are essential for the proper functioning of accounts and sessions. Even if they cannot be blocked without affecting users’ ability to use the services, they are temporary cookies and therefore disappear when the browser software is closed or the devices are turned off.

In addition, users or visitors who have problems with the functions of their account or any other service should contact Psimistri as indicated below.

1.3 Information received from third parties

Sometimes we collect information from third parties. We only do this if we are legally authorised to do so, from third parties who are also legally authorised to disclose such information, or in the following circumstances:

E-stores: If you download the application from an online store, some of your personal data required for the successful download of the application will be received and processed by the e-store.

Google Analytics: Google Analytics collects data about your interactions with our services, our website and our application. For this purpose, Google Analytics places codes so that Google Analytics can see what information has been retrieved, which browser has been used, which device and which operating device has been used. The information collected

is then processed and updated when you interact with our services, our website and our application again.

1.4 Children

We do not knowingly collect personal data from children under the age of 18 on our website or in our application. If you have reason to believe that a child under the age of 18 has provided us with personal data via our websites or applications, please contact us. We will endeavour to delete this information from our databases.

2. Use of information about you 2.1 Personal information

Psimistri respects and strives to protect your privacy. Your personal information will only be used as specified in this privacy policy, e.g.: (i) to confirm and track your order; (ii) to identify your identity; (iii) to analyse preferences, trends and statistics; and (iv) to inform you about our new products, services and offers or to authorise you in accordance with applicable laws, and will never be rented or sold.

None of the required information and/or optional information collected in a form on the website or in the application will be used for purposes other than those specified in this form or in this privacy policy.

2.2 Non-identified information used in aggregate

Non-identified information may be created by the third party held by Psimistri to design the Psimistri platform and algorithms using your personal information. In this case, Psimistri’s IP programmer will ensure that the full protection of your personal data is maintained and, in this regard, ensure that unidentified information (i) is created by this IP programmer in a manner and format that fully ensures the confidentiality of your personal data; (ii) is created only by the IP programmer without the help or assistance of any other person, including a subcontractor; (iii) is communicated to Psimistri in the same form and manner; and (iv) is not used to re-identify you or a patient or attempt to re-identify you.

Information is considered ‘non-identifiable’ once all specific identifiers have been removed so that this information can no longer be linked to an identifiable person. Such information and/or de-identified patient information may be used by Psimistri or third parties in aggregate form to improve the website and application for our users for research purposes on a general and country-specific basis for statistical or other commercial and non-commercial purposes, as such information no longer constitutes personal data. Please note that in any case, this information cannot and will not be used to re-identify you or your patients.

The country you specified when opening your account will be linked to the aggregated and non-identified information generated based on your personal information and patient information in order to access the aggregated non-identified information per country.

3. Disclosure of personal information

Psimistri reserves the right to use the services of third parties or other companies to perform certain tasks on our behalf, e.g. processing and fulfilling online orders or requests, processing credit card payments, providing customer services, sending printed and electronic mail, and removing duplicate information from customer and email lists, managing and analysing information collected and/or stored through the website or application, hosting services, measuring the effectiveness of promotions and emails, performing analyses of user activity, providing images through our website or application, and performing other functions necessary for our business as described in Section 3.1.

Unless otherwise specified in this Privacy Policy or required or permitted by applicable law, Psimistri will not disclose or otherwise share your personal information with third parties. However, unidentified information may be shared with third parties in aggregate form as described above.

3.1 Disclosure to Third Parties

Psimistri may retain the services of third parties to assist you in providing certain services, products and communications, such as delivering alerts and other communications as indicated above. Similarly, we may work with an external company to (a) manage our customer information database; (b) assist us with direct marketing and data collection; (c) provide storage and analysis; (d) provide fraud prevention; and (e) provide other services to help us maximise our business potential. Finally, we may share information with external companies that help us offer you the products and services we provide. In this case, only a broad geographic location (such as state and country) about you will be shared.

In the event that we retain the services of these third parties to provide the services described above or similar services, we may need to share your personal information with them so that these companies can fulfil their obligations. However, we will only provide these companies with the information necessary to perform their functions on our behalf, and we will not authorise them to use your personal information for any other purpose. In such a case, these companies must agree in writing to comply with our privacy policy and data protection standards, including the relevant confidentiality and security provisions.

3.2 Information required or authorised by law

Psimistri may disclose personal data if required by law or in good faith to (a) comply with the law or comply with legal proceedings served on us

(e.g. e.g. in response to a subpoena, court order, or other governmental request, or to maintain or protect the security of the website or application); (b) protect and/or defend the rights, property, or other legal interests of Psimistri or any user; or (c) act in urgent circumstances to protect the safety of the public or other users of the website or application. This includes exchanging information with other companies and organisations for the purposes of fraud protection and credit risk reduction. If we receive a legal process requesting disclosure of your personal information, we will attempt to notify you within a reasonable period of time via the email address you provided during registration before responding to the request, unless such notification is not permitted. In addition, the disclosure of patient information is carried out in accordance with applicable laws.

3.3 Change of ownership or transfer of business

As we continue to develop our business, we may sell or purchase assets. In such a case, Psimistri may disclose personal data to its potential successor to enable that potential successor to assess and evaluate Psimistri’s business operations, subject to (i) entering into an agreement whereby that successor undertakes to keep all personal information confidential and secure and not to retain any information for longer than is necessary for the assessment or evaluation, and (ii) compliance with other legal requirements. and (ii) compliance with other legal requirements. If the parties proceed with the transaction, databases containing such personal information will be transferred to the successors, all in accordance with applicable law.

4. Retention of personal information

Subject to applicable law, we may retain this personal data for use and disclosure in accordance with this Privacy Policy, as necessary for the purposes described herein. In addition, Psimistri may retain personal data after a specific purpose has been fulfilled if it is reasonably necessary to: (i) comply with the law and prevent violations; (ii) resolve disputes; (iii) enforce this Privacy Policy. Once this information is no longer needed, it will either be deleted or aggregated and stored in an unidentifiable form for research and other internal purposes.

5. Security

Psimistri undertakes to take reasonable measures under the circumstances to ensure that all personal information in its custody or control is protected against theft, loss and unauthorised use or disclosure, and to ensure that records containing such information are protected against unauthorised copying, alteration or destruction as follows:

Psimistri uses secure connections when transmitting login, registration and membership information, as well as when transmitting the results to your attention patients. This means that the above information is encrypted before it is sent between your computer and Psimistri computers via the Internet

. The technology used is called Secure Socket Layer (SSL). By using this technology, the information collected on these pages is encrypted on your computer, sent as scrambled code over the Internet, and decoded either on Psimistri’s secure server or on the systems of third-party providers contracted to provide the relevant service. You can check that the connection is secure by looking for a key or padlock symbol in the address bar at the top of your browser screen. Another indicator of a secure connection is the URL (or website address). The address will change from http to https or a similar page when a secure connection is in place.

Psimistri processes and stores personal information on secure servers in accordance with EU guidelines.

Although we use data encryption technologies and other measures to protect the privacy of personal data, you should be aware that no means of communication for personal data is completely secure against unauthorised use and unauthorised access, and that there is an inherent risk in the electronic transmission of data. This risk is associated with all electronic commerce and all other forms of communication. As a result, we cannot guarantee that transmitted personal information will not be intercepted, viewed or used, or that it will be completely protected from cyber attacks and other incidents. If you receive an email from Psimistri asking for personal information, avoid replying to this email, as Psimistri will never request your account password or financial information by email. If you have received or submitted personal information in response to a suspicious email, pop-up or fake website, please contact Psimistri immediately in one of the following ways. In light of the above and subject to the limitations set forth in applicable law, you agree to indemnify us from any financial or other damages resulting from the detection, decryption, interception or falsification of emails.

Furthermore, you understand that you are responsible for ensuring the security of your personal information, choosing a secure password, and keeping your password, identifiers, and other personal information confidential. It is important that you protect yourself against unauthorised access to your password and computer. Be sure to log out of your account when you are no longer using a shared computer.

6. Accessing, correcting and updating your information

You can view, correct, update and delete your personal data collected, used and stored via the website or application at any time.

6.1 Information about you

You can easily update or delete your account or profile free of charge, or otherwise access, edit or delete your personal information that you have uploaded, stored and saved on the website or application, or request access to your personal information.

Online account: You can update or change your registration information by editing your account profile. To do so, log in to the application or log in to www. Psimistri test.org with your username and password and enter your profile area. You can also update or change the above at any time by contacting Psimistri.

You may also delete all information uploaded, received, stored or saved in this account or close your account. In this case, all information uploaded, received, stored or saved in this way (including a patient’s profile) will be deleted. Please note in this regard that Psimistri does not keep copies of this information or have access to it. For this reason, Psimistri can only retrieve the accidentally deleted information (in whole or in part) by requesting a third-party programmer to access the automatically created backup shadow copy (i.e. at various times and not continuously) of the Psimistri platform.

Electronic communication: If you wish to be removed from a mailing list, simply reply to an electronic communication with the word ‘STOP’ or ‘Unsubscribe’ or click on the ready-to-use unsubscribe mechanism provided at the bottom of the mailing list communication. You can also specify that you wish to be removed from multiple advertising lists by sending us an email (office@psimistri.com) specifying which lists you wish to be removed from.

Other files: You may also edit your account or any file that contains incorrect, inaccurate, incomplete or ambiguous information, or outdated or irrelevant information, by contacting us.

Applicable fees: All consultations, changes or deletions pursuant to subsection 6.1 are free of charge. However, Psimistri may charge a reasonable fee if you wish to receive a copy of this personal data and this information is not otherwise available online. In this case, Psimistri will notify you of the amount of these fees in advance, if applicable.

6.2 Information about your patients

Patient profiles are not accessible to your patients for the following reasons: (i) Patient profiles are not activated by your patients, but are created by you via your own account and do not constitute independent accounts. (ii) These profiles are only created in order to generate a personalised form for each patient, which you can use to conduct the Psimistri test procedures online. (iii) The results of the Psimistri test procedures are not sent or uploaded to the patient profiles. You can then include the test in your patient’s medical record in accordance with your legal and ethical obligations.

If a patient wishes to have access to their tests, results and medical information, such a request must be made in accordance with the laws governing access to patient records.

Users are solely responsible for complying with applicable federal or state laws regarding the protection and security of personal data, including medical or other sensitive data. You should never share identifiable information about your patients via our website or application. Since we do not process ‘protected health information,’ Psimistri is not subject to the federal Health Insurance Portability and Accountability Act (‘HIPAA’). We expressly disclaim any representation or warranty that the website and application comply with HIPAA. We do not enter into ‘business associate agreements,’ and you agree that Psimistri is not a business associate, subcontractor, or agent of yours under HIPAA.

7. Links

This privacy policy applies solely to information collected on our website and application. However, our website may contain links to other websites. Please note that these other websites or applications referenced on the Psimistri website or application are provided for convenience and reference only. Psimistri is not responsible for the privacy policies of other websites. Please refer to the privacy policies applicable to those third-party websites or applications when visiting them.

8. Changes to this Privacy Policy

Psimistri may update this privacy policy from time to time. When we do so, we will revise the ‘updated’ date at the top of the privacy policy. In the event that we make material changes to this privacy policy, we will notify you by placing a prominent notice on the home page of our website, application, sending you a direct notification, or by other means deemed appropriate under the circumstances. We encourage you to review this Privacy Policy regularly to stay fully informed about how we collect, use, protect, share, store, and disclose your personal information. Please note that your continued use of this website or application and our products and services constitutes your consent to this Privacy Policy and any updates. If you do not agree with the provision of the Privacy Policy or any of the practices described herein, you must stop using the website and application, if applicable.

9. Questions about our privacy policy

Please let us know if you have any questions about our privacy policy. Simply send an email (to office@psimistri.com).