Terms of Use and Privacy Policy

Terms of Use

1. You Accept These Terms

If you do not agree with any of these Terms, including the Privacy Policy incorporated herein, please do not use this Site. By using this Site you will be deemed to have irrevocably agreed to these Terms. Some areas of this Site may be subject to additional terms and conditions, which you should read carefully before making any use of those areas. Such additional terms will not change or replace these Terms regarding the use of the Site, unless otherwise expressly stated.

2. Updates to Terms

Please note that these Terms may be revised and reissued, prospectively, by posting updated terms on the Site. You consent and agree to receive notices of updates of these Terms through our posting of updated Terms on the Site. You should visit this page regularly to review the current terms. Your continued use of the Site will be deemed as irrevocable acceptance of any revisions.

3. Legal Capacity

This is a general audience Site for adults and minors 13 or older. We will assume (and by using this Site you warrant that) you have legal capacity to enter into the agreement set out in these Terms (i.e., that you are of sufficient age and mental capacity and are otherwise entitled to be legally bound in contract).

4. The Information You Give Us Must Be Correct

To access this Site or some of the resources it has to offer, you may be asked to provide registration details. It is a condition of use of this Site that all the details you provide be correct, current and complete. If we at NeuroPace believe the details are not correct, current, or complete, we have the right to refuse you access to the Site, or any of its resources and to terminate or suspend your account.

5. Online Privacy Policy

Your privacy is important to us. To better protect your privacy, we provide a notice explaining our online information practices and the choices you can make about the way your information is collected and used at this Site. Click here to view our Privacy Policy, which forms part of these Terms.

6. Your Use of mySeizureDiary

As a user who is a patient, how you choose to use the mySeizureDiary is your choice. You can simply use the diary to privately track your health information, including the optional feature of exporting your data for your personal use. You also have the option to grant others (“Invited Users”) read only access to your account. Invited Users also have the option to export the health information you have entered. Neither you nor NeuroPace can control what the third party does with your information; sharing your diary with others is done at your own risk. You can revoke (“uninvite”) Invited User access at any time which will restrict any further data access.
Sharing your information with a third-party, for example, with your doctor, does not guarantee that he/she will review the information. Use of mySeizureDiary and sharing it with a physician or other medical professional is not a substitute for seeking professional medical advice or treatment. If you believe that you have symptoms of epilepsy, epilepsy or other medical conditions, consult your physician to discuss treatment options. Always seek the advice of a physician or other qualified healthcare provider whenever you have a personal question about epilepsy symptoms, epilepsy or other medical conditions. DO NOT disregard the advice of a doctor or other qualified healthcare provider, or delay seeking medical advice or treatment, because of information you view on MySeizureDiary. MYSEIZUREDIARY IS NOT A SUBSTITUTE FOR PROFESSIONAL MEDICAL DIAGNOSIS OR TREATMENT; AND RELIANCE ON ANY INFORMATION PROVIDED BY MYSEIZUREDIARY IS SOLELY AT YOUR OWN RISK. USE OF MYSEIZUREDIARY IS IN NO WAY INTENDED TO CREATE A PHYSICIAN - PATIENT RELATIONSHIP WITH NEUROPACE AS DEFINED BY STATE AND FEDERAL LAW. IF YOU BELIEVE YOU HAVE A MEDICAL EMERGENCY, CALL 911, YOUR LOCAL EMERGENCY NUMBER, YOUR DOCTOR, OR OTHER QUALIFIED HEALTHCARE PROVIDER IMMEDIATELY. NEVER USE MYSEIZUREDIARY OR ITS CONTENT OR SERVICES IN A POTENTIAL OR ACTUAL MEDICAL EMERGENCY.

7. Disclaimer of Warranties

YOUR USE OF THIS SITE IS AT YOUR OWN RISK. THE SITE AND ALL THE MATERIALS, INFORMATION, SOFTWARE, FACILITIES, SERVICES AND OTHER CONTENT IN THE SITE ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, THE SITE, NEUROPACE, AND ANY SUBSIDIARIES OR AFFILIATED COMPANIES OF NEUROPACE (“THE NEUROPACE GROUP”) DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, USE AND NON-INFRINGEMENT. THE NEUROPACE GROUP DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THIS SITE WILL BE AVAILABLE, UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SITE OR THE SERVERS THAT MAKE THE SITE AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. THE NEUROPACE GROUP DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE MATERIAL, INFORMATION, SOFTWARE, FACILITIES, SERVICES, OR OTHER CONTENT ON THE SITE OR ANY WEBSITES LINKED TO THE SITE IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. THE NEUROPACE GROUP MAKES NO WARRANTIES THAT YOUR USE OF THE MATERIALS, INFORMATION, SOFTWARE, FACILITIES, SERVICES, OR OTHER CONTENT IN THE SITE OR ANY WEBSITE WILL NOT INFRINGE THE RIGHTS OF OTHERS AND THE NEUROPACE GROUP ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ERRORS OR OMISSIONS IN SUCH MATERIALS, INFORMATION, SOFTWARE, FACILITIES, SERVICES, OR OTHER CONTENT OF THE SITE OR ANY OTHER WEBSITE. IF APPLICABLE LAW DOES NOT ALLOW THE EXCLUSION OF SOME OR ALL OF THE ABOVE IMPLIED WARRANTIES TO APPLY TO YOU, THE ABOVE EXCLUSIONS WILL APPLY TO YOU ONLY TO THE EXTENT PERMITTED BY APPLICABLE LAW.

8. Limitation of Liability

TO THE EXTENT PERMITTED BY APPLICABLE LAW THE NEUROPACE GROUP DISCLAIMS ALL LIABILITY, WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR OTHERWISE, AND WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGES (DIRECT, INDIRECT, PUNITIVE, ACTUAL, CONSEQUENTIAL, INCIDENTAL, SPECIAL, EXEMPLARY, OR OTHERWISE) INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, RESULTING FROM ANY USE OF, OR INABILITY TO USE, THE SITE OR ANY OTHER WEBSITE, OR THE MATERIAL, INFORMATION, SOFTWARE, FACILITIES, SERVICES, OR OTHER CONTENT ON THE SITE OR ANY OTHER WEBSITE, REGARDLESS OF THE BASIS UPON WHICH LIABILITY IS CLAIMED AND EVEN IF ANY MEMBER OF THE NEUROPACE GROUP HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGE. TO THE EXTENT PERMITTED BY APPLICABLE LAW, YOU (AND NOT ANY MEMBER OF THE NEUROPACE GROUP) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR, OR CORRECTION IN THE EVENT OF ANY SUCH LOSS OR DAMAGE.

9. Binding Arbitration of All Disputes; No Class Relief

(a) U.S. Residents

To the fullest extent permissible by law, with the exception of disputes pertaining to NeuroPace’s intellectual property rights and certain statutory claims that, pursuant to law, are not arbitrable, any dispute of any kind between you and NeuroPace arising under these Terms shall be resolved through binding arbitration pursuant to the JAMS Streamlined Arbitration Rules and Procedures on an individual basis only and with no entitlement to class relief, unless otherwise prohibited by law. The arbitrator shall be a retired judge or justice of any California state or federal court with substantial experience in the internet industry and shall follow California substantive law in adjudicating the dispute, except that this Section 9(a) shall be construed as a “written agreement to arbitrate” pursuant to the Federal Arbitration Act (“FAA”). You and we agree that we intend that this Section 9(a) satisfies the “writing” requirement of the FAA. The hearing shall be conducted in the county that encompasses the billing address you have provided to NeuroPace. For any claim in which you seek U.S. $10,000.00 or less, you shall have the choice as to whether the hearing is conducted in person, by telephone, or instead the arbitrator may decide the dispute without a hearing. For those claims that the arbitrator determines are not frivolous, NeuroPace shall pay the costs and fees of JAMS and the arbitrator. NeuroPace agrees that it will not seek reimbursement from you for its costs and fees incurred by it in the arbitration. AGREEMENT TO THESE TERMS CONSTITUTES AN AGREEMENT TO PURSUE YOUR CLAIM ON AN INDIVIDUAL BASIS AND A WAIVER OF THE ABILITY TO PURSUE YOUR CLAIM IN A CLASS ACTION.

(b) Non-U.S. Residents

If any controversy, allegation, or claim (including any non-contractual claim) arises out of or relates to the Site or Terms of Service, then you and we agree to send a written notice to the other providing a reasonable description of the Section 9(b) Dispute, along with a proposed resolution of it. Our notice to you will be sent to you based on the most recent contact information that you provide us. But if no such information exists or if such information is not current, then we have no obligation under this Section 9(b). Your notice to us must be sent to us at info@neuropace.com. For a period of sixty (60) days from the date of receipt of notice from the other party, NeuroPace and you will engage in a dialogue in order to attempt to resolve the Section 9(b) Dispute, though nothing will require either you or NeuroPace to resolve the Section 9(b) Dispute on terms either you or NeuroPace, in each of our sole discretion, are uncomfortable. Nothing in this Section will prevent a party from pursuing their claims in Court or another complaint process.

10. Trademarks and Copyrights

This Site and materials incorporated by NeuroPace on this Site (“Material”) are protected by copyrights, patents, trade secrets or other proprietary rights (“Copyrights”). Some of the characters, logos, or other images incorporated by NeuroPace on this Site are also protected as registered or unregistered trademarks, trade names, and/or service marks owned by NeuroPace or others (“Trademarks”). NeuroPace respects the intellectual property rights of others and asks users of this Site to do the same.

11. Your Use of Material

Your right to make use of this Site and any Material or other content appearing on it is subject to your compliance with these Terms. Modification or use of the Material or any other content on this Site for any purpose not permitted by these Terms may be a violation of the Copyrights and/or Trademarks protected by law and these Terms and is prohibited.
You may access and display Material and all other content displayed on this Site for non-commercial, personal use only. The Material and all other content on this Site may not otherwise be copied, reproduced, republished, uploaded, posted, transmitted, distributed, or used in any way unless specifically authorized by NeuroPace. Any authorization to copy Material granted by NeuroPace in any part of this Site for any reason is restricted to making a single copy for non-commercial, personal use only, and is subject to your keeping intact all copyright and other proprietary notices. Using any Material on any other website or networked computer environment is prohibited. Also, decompiling, reverse engineering, disassembling, or otherwise reducing the code used in any software on this Site into a readable form in order to examine the construction of such software and/or to copy or create other products based (in whole or in part) on such software, is prohibited.

12. Uninvited Submissions

NeuroPace is interested in hearing from you regarding your questions or comments about our Site. However, The NeuroPace Group does not accept or consider unsolicited submissions of any kind (e.g., ideas, treatments, concepts, or any other materials) in any format, by any means of transmission (including email). Any such submissions are either returned to the sender without being reviewed or deleted or discarded without being reviewed. Therefore, please do not send any unsolicited submissions to any member of The NeuroPace Group.

13. Invited Submissions

From time to time, areas on this Site may expressly request submissions of stories, survey responses, ideas, concepts, data, comments, suggestions or other potential content from you (“Invited Submissions”). Where this is the case, please carefully read any specific rules or other terms and conditions which appear elsewhere on this Site to govern those submissions (“Additional Terms”), as they will affect your legal rights. If no Additional Terms govern those submissions, then these Terms will apply in full to any Invited Submissions you make. With the exception of any personal information you submit (which will be maintained in accordance with our Privacy Policy, any Invited Submission you send to us will not be treated as confidential. Regardless of any industry custom or practice, we will not pay you for the use of any content that you submit to the Site.

14. Our Use of Content

NeuroPace will consider anything you provide to NeuroPace and/or contribute to this Site as available for our use free of any obligations to you (including any payment), except where Invited Submissions are expressly governed by Additional Terms appearing elsewhere on this Site, in which event those Additional Terms will determine how we will treat your Invited Submissions. Under no circumstances will we pay you for the use of your ideas or submissions.

15. User Content

By using the Site, you agree to permit NeuroPace to copy the information you enter into mySeizureDiary (“User Content”), and you automatically and irrevocably grant and assign to NeuroPace a royalty-free, perpetual, non-exclusive, unrestricted, worldwide license to any and all rights in the User Content.

16. Responsible Use of Site

Please act responsibly when using this Site. You may only use this Site and its contents for lawful purposes and in accordance with applicable law and you are prohibited from storing, distributing, or transmitting any unlawful material through this Site. You may not collect or store personal information regarding other users. You recognize that storing, distributing or transmitting unlawful material could expose you to criminal and/or civil liability.

17. Release

If you have a dispute with anyone whom you share your mySeizureDiary (including family members, physicians and medical professionals), you release us (and our parent companies, affiliates and subsidiaries, and their respective officers, directors, employees, and agents) from claims, demands, liabilities, costs, or expenses and damages (actual and consequential of every kind and nature, known and unknown, arising out of or in any way connected with such disputes). In entering into this release, you expressly waive any protections (whether statutory or otherwise) to the extent permitted by applicable law that would otherwise limit the coverage of this release to include only those claims which you may know or suspect to exist in your favor at the time of agreeing to this release.

18. Indemnity

You agree to indemnify and hold harmless NeuroPace and its officers, directors, employees, agents, distributors, and affiliates from and against any and all claims, demands, liabilities, costs or expenses, including reasonable attorney's fees, resulting from your breach of these Terms, including any of the foregoing provisions, representations or warranties, from your placement or transmission of any content onto NeuroPace's servers and/or from any and all use of your account.

19. System Abuse

Without limitation, you agree not to undertake any activity which may adversely affect the operation or enjoyment of this Site by any other person, including placing malware on the Site. You may not reproduce, sell, resell, or otherwise exploit any resource, or access to any resource, contained on this Site.

20. Security

Any usernames and passwords used for this Site are for individual use only. You shall be responsible for the security of your username and password. NeuroPace shall be entitled to monitor your username and password and, at its discretion, require you to change it. If you use a username and password that NeuroPace considers insecure, NeuroPace will be entitled to require this to be changed and/or terminate your account.

21. Violation of Security Systems

You are prohibited from using any services or facilities provided in connection with this Site to compromise security or tamper with system resources and/or accounts. The use or distribution of tools designed for compromising security (e.g., password guessing programs, cracking tools, malware, or network probing tools) is strictly prohibited. If you become involved in any violation of system security, NeuroPace reserves the right to release your details to system administrators at other sites, law enforcement and/or governmental authorities in order to assist them in resolving security incidents.

22. Investigations

NeuroPace reserves the right to investigate suspected violations of these Terms, including without limitation, any violation arising from any submission or emails you make or send. NeuroPace may seek to gather information from the user who is suspected of violating these Terms and from any other user. NeuroPace may suspend any users whose conduct or content are under investigation and may remove such material from its servers as it deems appropriate and without notice. If NeuroPace believes, in its sole discretion, that a violation of these Terms has occurred, it may warn users, suspend users and passwords, terminate accounts, or take other corrective action it deems appropriate. NeuroPace will fully cooperate with any law enforcement authorities or court order requesting or directing NeuroPace to disclose the identity of anyone making available any materials that are believed to violate these Terms. BY ACCEPTING THIS AGREEMENT YOU WAIVE AND HOLD HARMLESS ALL MEMBERS OF THE NEUROPACE GROUP FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY ANY MEMBER OF THE NEUROPACE GROUP DURING OR AS A RESULT OF ITS INVESTIGATIONS AND/OR FROM ANY ACTIONS TAKEN AS A CONSEQUNCE OF INVESTIGATIONS BY EITHER A MEMBER OF THE NEUROPACE GROUP OR LAW ENFORCEMENT AUTHORITIES.

23. Service

In order to use this Site, you must obtain access to the World Wide Web and possibly pay any service fee associated with that access. You will need to provide all equipment necessary to connect to the Site on the World Wide Web (including a computer, modem, mobile device, tablet, and/or other access devices).

24. Reservation of Rights

NeuroPace reserves the right to modify or discontinue, temporarily or permanently, all or any part of this Site and/or any software, facilities, and services on this Site, with or without notice and/or to establish general guidelines and limitations on their use.

25. Local Regulations

NeuroPace makes no representation that Materials or other content on the Site are appropriate or available for use outside the United States, its territories, possessions, and protectorates. If you choose to access the Site from other locations, you do so on your own initiative and at your own risk.
You are responsible for complying with local laws, if and to the extent local laws are applicable. You specifically agree to comply with all applicable laws concerning the transmission of technical data exported from the United States or the country you reside in.

26. Third-Party Sites

This Site may link you to other sites on the Internet. You acknowledge that (whether or not such sites are affiliated in any way with NeuroPace) NeuroPace is not responsible for the accuracy, copyright compliance, legality, decency, or any other aspect of the content of such sites. The inclusion of such a link does not imply endorsement of any site by NeuroPace or any association with its operators.

27. Choice of Law

With the exception of Section 9 which will be construed in accordance with the FAA, these Terms shall be governed by, construed and enforced in accordance with the laws of the State of California, as they are applied to agreements entered into and to be performed entirely within California.

28. Notice for California Users

Under California Civil Code Section 1789.3, California users of the Site are entitled to the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 400 R Street, Suite 1080, Sacramento, California 95814, or by telephone at (916) 445-1254 or (800) 952-5210.

29. How to Contact Us

This Site is controlled and operated by NeuroPace located at

NeuroPace, Inc.
455 N. Bernardo Ave
Mountain View
CA    94043

Please Contact Us with any comments or complaints about the Site. Please forward any questions regarding privacy or legal matters to msd-info@neuropace.com.

30. General

If any provision of these Terms are adjudged, by written decision, to be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this agreement and shall not affect the validity and enforceability of any remaining provisions. This is the entire agreement between you and NeuroPace relating to the matters contained here and the Site.

FULL PRIVACY POLICY

1. Scope and Consent

When you use the Site, you are contracting with NeuroPace, located at 455 N. Bernardo Avenue, Mountain View, CA 94043. If you reside outside of the United States, NeuroPace is your data controller. By using the Site, you expressly consent to our collection, use, disclosure, and retention of your personal information as described in this Privacy Policy.

2. Information We Collect

(a) Registration and Account Information

If you choose to register for an account with us, we require you to provide your email address (i.e., your username) and create a password, and you choose to give us your personal information and are not anonymous to us. When you register an account, create a profile or otherwise engage with our Site, you may provide personal information such as your name, email address, date of birth, whether or not you are using a RNS® System implant, health and medical information and other relevant information. Personal information is only associated with your account/profile when you sign in as a registered user.

(b) Information to Respond to Your Requests

You may also give us your personal information to sign up for our newsletters, educational resources and other communications. Details of how you can opt-out of receiving communications from us are detailed in the section headed Your Choices below

(c) Information From Other Sources

If you identify yourself as having an RNS® System implant, we may combine information from your device and the Site for treatment and research purposes.

(d) Information You Enter Using mySeizureDiary

You may provide us additional health and medical information and information about your physicians as you use the mySeizureDiary features.

(e) Mobile Information

We may collect additional information from you if you access our Site through a mobile device (e.g., your unique device identifier, your device’s operating system, your network connection or the mobile carrier for your phone).

(f) Technical Usage Information

When you visit our Site, we collect usage information sent to us by your computer, mobile, or other access device that tells us how you are using the Sites (“usage information”). We may use tracking technologies (e.g., cookies, web beacons, clear gifs, embedded scripts, e-tags, unique device ID) [DEFINITIONS IN SECTION 17] to collect usage information.

We may also collect password information from you when you log in, as well as computer and/or connection information. During some visits we may use software tools to measure and collect session information, including page response times, download errors, time spent on certain pages and page interaction information.

Our goal is to collect and use only that information that we think is required for our legitimate business interests, in order to better understand your interests and improve your experience of using the Site. To learn more about how we use tracking technologies and cookies, see Section 8 of this Privacy Policy.

3. Uses and Retention

(a) Operate Our Site

We use the information collected to (i) set up and maintain your account; (ii) provide your physicians or other third parties you authorize with access for your treatment at your direction; (iii) analyze it to inform a physician’s treatment of account holders; (iv) analyze it to inform a physician’s treatment of other individuals whose epilepsy has something in common with that of other account holders; (v) investigate and define improvements for the product and, if the account holder is a recipient of the RNS® System, for the RNS® System; (vi) enhance NeuroPace’s own research and development; (vii) support research and development as to which NeuroPace and third parties collaborate; (viii) provide you access to your information; (ix) respond to your questions, provide technical support, send you surveys, reminders and other communications; and (x) provide you with a safe, efficient, and customized experience.

(b) Analyze and Aggregate Non-Personal Information

We use aggregate information about our users and non-personal information to analyze Site and user behavior and prepare aggregated reports.

(c) Prevent Fraud

We use information from the Site to prevent, detect, and investigate fraud, security breaches, and potentially prohibited or illegal activities, and enforce our Terms of Use.

(d) Communicate With You

We use your information to contact you to maintain the Site, your account, or to comply with your stated communication preferences (e.g., under the Notifications tab of the Preferences menu), or to provide other services requested by you, as described at the time when we collect the information from you, or to contact you for other purposes authorized by law.

We retain information as long as it is necessary and relevant for our operations.

4. Your Choices

You can control how and when you want to receive notifications from NeuroPace by changing your Notifications preferences on the Site or by deleting your account (both of these tabs are under the Preferences menu) or by following instructions within notices. Note that if you have identified yourself as having an RNS® System implant, we may not be able to completely delete your information from our systems. Disclosing yourself as a RNS® System implant user is voluntary and not required to use the site.

5. Disclosure

Information collected on the Site may be shared with:

(a) The NeuroPace Corporate Family.

We may share the information we collect about you with the NeuroPace corporate family and their and our affiliates and subsidiaries. The information may be disclosed (i) to provide joint services (e.g., registration, transactions, analytics and customer support); (ii) to help detect and prevent potentially illegal acts, violations of our policies, fraud and/or data security breaches; (iii) to guide decisions about our business, assets, operations, rights, products, sites, applications, services, tools, and communications and (iv) for processing and storage of information. Members of our corporate family may use this information to send you marketing communications and you will have the opportunity to opt-out in for email communications.

(b) Service Providers and Other Third Parties

We may disclose your information to third party cloud service providers and other third parties under contract who help with our business operations.

(c) Other Persons with Your Consent.

Other third parties, such as family members, physicians, and other medical professionals to whom you explicitly ask us to share your mySeizureDiary information.

(d) Legal and Law Enforcement.

Law enforcement, governmental agencies, or authorized third parties, in response to a verified request relating to a criminal investigation or alleged illegal activity or any other activity that may expose us, you, or any other NeuroPace user to legal liability. In such events, we will only disclose information relevant and necessary to the investigation or inquiry, such as name, city, state, ZIP code, telephone number, email address, user ID history, IP address, fraud complaints, and anything else we may deem relevant to the investigation.

(e) Change of Control – New Owners

Other business entities, should we plan to merge with or be acquired by that business entity. Should such a combination occur, we will make reasonable efforts to request that the new combined entity follow this Privacy Policy with respect to your personal information. If your personal information would be used contrary to this policy, you will receive prior notice.

6. Information You Share on the Site

If you decide to share your mySeizureDiary data with other people (e.g., family members, physicians, and other medical professionals), we cannot prevent their further use of this information. If the physician, medical professional or other person you share your mySeizureDiary data with has a privacy policy, please refer to their privacy policy and other terms as applicable to learn more about their privacy practices, which we do not control.

7. Communication Preferences and Marketing (Opt-out)

We do not sell or rent your personal information to third parties for their marketing purposes. If you do not wish to receive marketing communications from us, you can indicate your communications preference within the direct communication from us by electing to opt out of future marketing communications. You may not opt-out of administrative emails (for example, emails about your transactions or policy changes) for your registered account.

8. Tracking Technologies (Cookies)

When you visit the Site, we may use tracking technologies to enhance your online experience or customize our offerings. A few additional important things you should know about our use of tracking technologies (cookies):

• We offer certain features that are available only through the use of tracking technologies.
• We may use both session and persistent tracking technologies. Tracking technologies (e.g., cookies) can either be persistent (i.e., they remain on your computer until you delete them) or temporary (i.e., they last only until you close your browser). You are always free to decline tracking technologies if your browser permits, although doing so may interfere with your use of the Site. Refer to the help section of your browser, browser extensions, or installed applications for instructions on blocking, deleting, or disabling tracking technologies such as cookies.
• You may encounter tracking technologies/cookies from our third party service providers, that we have allowed on our site that assist us with various aspects of our web site operations and services, such as Google Analytics

9. Accessing, Reviewing, and Changing Your Personal Information

Registered users can review and change personal information at any time by accessing their accounts on the Site. You should promptly update your personal information if it changes or becomes inaccurate. Note that if you are a registered user who has shared information on the Site identifying yourself as having an RNS® System implant, we may not be able to completely delete your information from our systems, even if you delete your MySeizureDiary.com account. We may also retain some information from closed accounts for research and development, or other analyses, so that we can comply with law, prevent fraud, assist with investigations, resolve disputes, analyze or troubleshoot programs, enforce our Terms of Use, or take other actions by law. Likewise if your account or membership is terminated or suspended, we may maintain some information to prevent re-registration.

10. How Do We Respond to Do Not Track Signals for California Residents

California Business & Professions Code Section 22575(b) (as amended effective January 1, 2014) provides that California residents are entitled to know how NeuroPace responds to “Do Not Track” browser settings. NeuroPace does not currently take actions to respond to Do Not Track signals.

11. Third Parties

We are not responsible for the privacy practices of third parties with whom you choose to share your information from the Site (e.g., family members, physicians and medical professionals etc.).

12. Security

We store and process your information on our servers located in the United States and around the world. We maintain technical, physical, and administrative security measures to protect the security of your personal information against loss, misuse, unauthorized access, disclosure, or alteration. It is your responsibility to make sure that your personal information is accurate. If you believe that your login credentials have been compromised, please make sure to contact us at msd-info@neuropace.com.

13. Children's Privacy

The Site is a general audience site and it is not intended for children under the age of 13. We do not knowingly collect personal information via our Site from users in this age group. If you believe we have received personal information from a minor under the age of 13, please contact us at msd-info@neuropace.com.

14. Data Storage

Many of our computer systems are currently based in the United States, and your personal information may be processed in the U.S. and elsewhere where data protection and privacy regulations may not offer the same level of protection as in other parts of the world, such as the European Union. If you create an account/profile, you consent to the collection and/or processing in the United States of your personal information and tracking technologies/cookies as described in this Policy. You understand that the United States government may obtain access to the personal data you submit if necessary for investigative purposes (e.g., terrorism investigation).

15. Notification Regarding Updates

From time to time, we may update this Privacy Policy. You agree that we may notify you about material changes in the way we treat personal information by placing a notice on the Site. You should check the Site frequently for updates.

16. Contact Us

If your questions are not answered online, you may email us at msd-info@neuropace.com,
or write to us at

NeuroPace, Inc.
455 N. Bernardo Ave
Mountain View
CA    94043

Or use the Contact Us form.

 

17. Definitions

When you visit the Site, we may use tracking technologies to enhance your online experience or customize our offerings. A few additional important things you should know about our use of tracking technologies (cookies):

Cookies

A cookie (sometimes referred to as local storage object or LSO) is a data file placed on a device. Cookies can be created through a variety of web-related protocols and technologies, such as HTTP (sometimes referred to as “browser cookies”), HTML5, or Adobe Flash.

Web Beacons

Small graphic images or other web programming code called web beacons (also known as “1×1 GIFs” or “clear GIFs”) may be included in our online service’s pages and messages. Web beacons may be invisible to you, but any electronic image or other web programming code inserted into a page or e-mail can act as a web beacon.

Clear Gifs

Clear gifs are tiny graphics with a unique identifier, similar in function to cookies. In contrast to HTTP cookies, which are stored on a user's computer hard drive, clear gifs are embedded invisibly on web pages and are about the size of the period at the end of this sentence.

Embedded Script

An embedded script is programming code that is designed to collect information about your interactions with the online service, such as the links you click on. The code is temporarily downloaded onto your device from our web server or a third-party service provider, is active only while you are connected to the online service, and is deactivated or deleted thereafter.

ETag, or entity tag

A feature of the cache in browsers, an ETag is an opaque identifier assigned by a web server to a specific version of a resource found at a URL. If the resource content at that URL ever changes, a new and different ETag is assigned. Used in this manner ETags are a form of device identifier. ETag tracking may generate unique tracking values even where the consumer blocks HTTP, Flash, and/or HTML5 cookies.

Unique Device ID

The unique series of numbers and letters assigned to your device.