Subject Well, Inc. Privacy Policy

Last Updated Date: April 1, 2024

I. GENERAL

Subject Well, Inc. and its group entities (“SubjectWell”, “we”, or “us”) offer clinical trial participant recruitment services (the “Services”). This Privacy Policy sets out how we use and protect your Personal Information and your rights and choices with regard to that information. This Privacy Policy applies to Personal Information collected by or on behalf of SubjectWell, including information collected through our website: https://www.trialsearch.com and mobile versions of our website (collectively “the Site”) or anywhere else we display this Privacy Policy. It also applies to information collected by or through our Services, which may include by phone, text message, email, the Site or other communication mechanisms.

To the extent you are a parent, guardian, caretaker or other authorized representative of another individual (such as a minor) and register for the Services on that person’s behalf, you represent that you are legally authorized to take such actions and to disclose the individual’s Personal Information. In such case, statements in this Privacy Policy directed to registered users of the Services apply to the person whose Personal Information you provided.

By visiting the Site or using the Services, you accept and consent to the terms of our Privacy Policy in effect at the time of your visit or use.

II. WHAT WE MEAN BY “PERSONAL INFORMATION”

For purposes of this Privacy Policy, “Personal Information” means information that directly or indirectly identifies you or can be used to identify you as an individual.

III. WHAT PERSONAL INFORMATION DO WE COLLECT?

(1) Information You Provide to Us

When you use the Site or otherwise communicate or interact with us through the Services, we collect information that you provide to us directly. For example, we collect information in the following circumstances: when you contact us; when you register for and engage with our Services; and when you otherwise communicate with us. Occasionally, you may choose whether or not to provide or disclose Personal Information in connection with your use of the Services. If you choose not to provide the Personal Information we request, you may still visit and use parts of the Site, but may be unable to access or use certain features, options, programs, and services of the Site. In addition, as we need certain Personal Information for the performance of the Services, the consequence of not providing such information might be that the Services cannot be provided as requested.

The Personal Information you provide to us may include the following:

• Information you provide via email, through our ‘Contact’ section, or using contact details listed on various parts of the Site, including your name, e-mail, phone number, and any other information you decide to provide;
• In connection with the Services, information you provide in order to sign up for clinical trial matching, including your name, age, e-mail address, health conditions relevant to the clinical trial opportunities, or any other information you decide to provide to us in connection with the Services;
• If you are one of our customers, suppliers, or prospects, or interested in serving as an investigator of a clinical trial, we may collect or process limited Personal Information in the course of our business relations with you. For example, when you engage us for our Services, sign up for a webcast, request a demo, or the like. Such Personal Information may include your name, company, title, order details, and business contact details (e-mail address, telephone number, address); and
• We may also collect any other information you may want to share with us. Moreover, if you contact us, a record of such correspondence may be kept.

A subset of personal information we may collect “sensitive personal information,” as defined by applicable law, and includes health conditions and other medical record information relevant to the clinical trial opportunities.  The business or commercial purpose for which it is collected is for our operational purposes and performing services you request.  When applicable, we will obtain your consent or authorization before accessing such information, in accordance with applicable law.

In addition, where you decide to participate in a clinical trial, then any information you provide as a participant in that trial is subject to the informed consent form that you complete.

(2) Information Collected Automatically

Certain information is collected automatically on the Site by means of various software tools. We have a legitimate interest in using such information to assist in log-in, systems administration purposes, information security and abuse prevention, to track user trends, and to analyze the effectiveness of the Site. Alone or in combination with other information, such automatically collected information may constitute Personal Information. Some of our service providers (described in Section V., below) may use cookies or other methods to gather information regarding your use of the Site and to track your activities over time and across sites to provide advertising services to us.

• Log Files On the Site. The information inside the log files includes internet protocol (“IP”) addresses, type of browser, Internet Service Provider (“ISP”), date/time stamp, referring/exit pages, clicked pages and other information your browser may send to us about your use of the Site.
• Cookies. We use cookies to make interactions with the Site easy and meaningful. When you visit the Site, our servers may send a cookie to your computer. We may use cookies that are session-based and persistent. Session cookies exist only during one session. They disappear from your computer when you close your browser software or turn off your computer. Persistent cookies remain on your computer after you close your browser or turn off your computer. Please note that if you disable your web browser’s ability to accept cookies, you will be able to navigate the Site, but you may not be able to use all of the features of the Site. The following sets out how we may use different categories of cookies and your options for managing cookie settings:

• Analytics. The Site also uses Google Analytics. By using cookies, Google Analytics collects and stores data such as time of visit, pages visited, time spent on each page of the Site, the IP address, and the type of operating system used in the devices used to access the Site. By using a browser plugin available at http://www.google.com/ads/preferences/plugin/ provided by Google, you can opt out of Google Analytics.

(3) Do-Not-Track Signals

Some browsers have a “Do-Not-Track” feature that lets you tell websites that you do not want to have your online activities tracked. When you choose to turn on the Do-Not-Track setting in your browser, your browser sends a signal to websites, analytics companies, ad networks, plug-in providers, and other web services that you may encounter while browsing the Internet, instructing them to stop tracking your activity via cookies or other online tracking technologies. While we continue to evaluate this evolving technology to implement such capabilities, the Site does not currently respond to browser based Do-Not-Track signals. For information regarding Do-Not-Track and how to enable this setting if available on your devices, please see https://allaboutdnt.com.

(4) Information Received from Third Parties

We may also obtain data from third-party sources such as a registrant’s authorized representative or guardian, our customers or vendors such as data providers.

IV. PURPOSES FOR OUR COLLECTION AND USE OF PERSONAL INFORMATION

(1) General Uses

We may use Personal Information obtained through the Services in the following ways:

• To provide the Services;
• To provide, analyze, administer, develop, and improve the Site or our Services;
• To contact you in connection with the Site, our Services, and notifications, services, programs or offerings for which you may have registered;
• To send you updates and promotional materials for which you have registered;
• To assess whether a clinical trial is suited for you, to contact you when a potential clinical trial is identified, and to bring you in contact with principal investigators, clinical research sites or clinical trial service providers, using solely for these purposes the health information that is provided to us based on your consent;
• To contact you regarding other treatment options, refer you to other trial sites and other related purposes;
• To identify and authenticate your access to the parts of the Site and Services that you are authorized to access;
• For our legitimate interests of documenting and managing our internal administration;
• To protect the rights and/or our property and to ensure the technical functionality and security of the Site or Services; and
• To comply with applicable laws and for our legitimate purposes of protecting our legal rights, in connection with legal claims or enforcement of contracts, and for compliance, regulatory, and investigative purposes. This may include sharing the Personal Information with third parties, such as governmental authorities or law enforcement officials, subject to applicable law.

(2) Registered Users

If you register for our Services, SubjectWell uses algorithms that enforce criteria to select the clinical trial most suitable to you, which is the service that you (as the data subject) request from SubjectWell. The decision on the clinical trial matching is therefore necessary for the performance of the contract between you and SubjectWell. Furthermore, our patient recruitment marketplace is voluntary and when you choose to participate and disclose your information to us, you also provide your explicit consent, which is freely given and can be withdrawn at any time by contacting us through the contact details further below.

The logic that is used for the decision-making is created by SubjectWell employees reviewing study protocols that define inclusion/exclusion criteria for study eligibility. The SubjectWell systems then enforce these criteria based on the responses collected during the phone screening process. The most important consequences of the automated decisions in question is that you will or will not have the opportunity to participate in a clinical trial.

In order to safeguard your rights and freedoms and legitimate interests, you have the right to obtain human intervention on the part of SubjectWell, to express your point of view and to contest the decision.

Also note that we only provide clinical trial participant recruitment services and are not involved in clinical trials or informed about the results. Therefore, SubjectWell does not determine the purposes or means of the further processing of your Personal Information, including your health information, by principal investigators, clinical research sites or clinical trial service providers once you are brought in contact with them.

V. WHO DO WE SHARE PERSONAL INFORMATION WITH?

We may disclose Personal Information you provide to us or that we collect automatically on the Site or in and through the Services with the following categories of third parties:

• Service providers, such as data storage service providers, marketing service providers, and communications service providers that help us operate our business or provide services on our behalf;
• If you would like to participate in a clinical trial and there are matching clinical trials, we may share Personal Information about you with principal investigators, clinical research sites, and clinical trial service providers that are relevant to you;
• If you are matched to a clinical trial, your Personal Information may be de-identified/pseudonymized/ anonymized and shared with sponsors of the potentially matching clinical studies.
• Public authorities, such as law enforcement, if we are legally required to do so or if we need to for national security or to protect our rights or the rights of third parties;
• Our subsidiaries and affiliates for our business operations; and
• A subsequent owner, co-owner or operator of the Site and their advisors in connection with a corporate merger, consolidation, restructuring, the sale of substantially all of our stock and/or assets, or in connection with bankruptcy proceedings, or other corporate reorganization, in accordance with this Privacy Policy.

VI. COMMUNICATION PREFERENCES

Once you register for our Services, if you have opted in to certain communications, you may be contacted at the phone number you provide including wireless number (if provided), by a representative of SubjectWell or its database administrator. You may opt out of these calls or texts at any time by sending an email to privacy@subjectwell.com or by calling (844) 612-6317. If you would like to stop receiving text messages, you may text STOP in reply to any messages that you receive.

With your consent (unless otherwise permitted by applicable law) we use the Personal Information you provide us to send you information on our products and Services and other information based on the interests that you have indicated to us. You have the right to opt out of getting those messages. If you do not wish to receive these messages, click the unsubscribe link in your email. Please note that these selections are not permanent; they may be changed in the event you register for other Services or communications and consent to receive marketing messages. Please also note that even if you unsubscribe from commercial email messages, we may still email you non-marketing emails related to your account or the Services for which you have registered. You may also email us at privacy@subjectwell.com for assistance.

VII. THIRD-PARTY PRACTICES

The Site may contain links to other sites, which are not owned or operated by us or our affiliates. We provide such links only as a convenience, and the inclusion of a link on the Site does not imply our endorsement of the linked site. Other sites may also reference or link to our Site. If you provide any Personal Information through a third-party website, your transaction will occur on such third party’s website (not our Site) and the Personal Information you provide will be collected by, and controlled by the privacy policy of, that third party. We are not responsible for the privacy practices or the content of such third-party websites, including such websites’ use of any Personal Information that you provide to them.

VIII. NOTICE TO CERTAIN RESIDENTS

Depending on your state of residency, the information and rights in this section may apply to you. Please contact us at privacy@subjectwell.com if you have any questions about this Privacy Policy, including this section, or if you would like a printed copy of this Privacy Policy. You may also print a copy of this Privacy Policy by selecting the “Print” button in your web browser.

(1) How We Collect and Use Personal Information

In accordance with various U.S. state laws such as the California Consumer Privacy Act of 2018 (“CCPA”), as amended by the California Privacy Rights Act (“CPRA”), the Colorado Privacy Act (including its implementing regulations) (“CPA”), Connecticut’s Act Concerning Personal Data Privacy and Online Monitoring (“CTDPA”), the Virginia Consumer Data Protection Act of 2021 (“VCDPA”), and the Utah Consumer Privacy Act (“UCPA”), this section describes the Personal Information we collected about California residents in the last 12 months, the sources of that information, our business or commercial purposes for collecting the information, and the third parties with whom we shared that information.

We collected the information listed in the table below from the following sources: directly from you, your authorized personal representative, or from third parties (such as medical providers or other entities you have authorized to share your Personal Information with us).

For purposes  of this Privacy Policy, when we use the term “third party,” we mean entities that are not service providers or contractors providing services on our behalf and that are not entities with whom you interact directly.

In the last 12 months, we have collected and, disclosed for a business purpose each of the categories of Personal Information noted in the table below, to the categories of recipients listed. We do not share your personal information for cross-context behavioral advertising or sell your personal information for monetary or other consideration and have not done so in the last 12 months.

Service providers and contractors, law enforcement, governmental authorities or agencies, clinical trial investigators and sites or their staff and agents

Please refer to the section of this Privacy Policy above titled PURPOSES FOR OUR COLLECTION AND USE OF PERSONAL INFORMATION for descriptions of the business or commercial purposes for which we collected the information.

(2) Your Rights and How to Exercise Them

Under various U.S. state privacy laws residents of certain states have certain rights with regard to their Personal Information. Those rights may only apply in certain circumstances and may be subject to limitations or exceptions. A summary of those rights is provided below as well as information on how to exercise your rights. Please note that we will require certain identifying information about you as necessary for us to verify your request in accordance with applicable law.

• Right to Know: You have the right to ask us to tell you the categories of Personal Information we collected about you, the categories of sources from which the Personal Information was collected, the business or commercial purposes for which we collected, sold or disclosed that information, and the categories of third parties to whom we disclosed the information in the last 12 months. To exercise this right, please complete our online form available here and select “Info Request” or email your request to privacy@subjectwell.com and include “Disclosure Request” in the subject line of your message.
• Right to Access (Right to Know Specific Pieces of Information): You have the right to request access to and obtain a copy of the specific pieces of Personal Information we collected, used, disclosed and/or sold about you in the last 12 months. To exercise this right, please complete our online form here  and select “Data Portability” or email your request to privacy@subjectwell.com and include “Access Request” in the subject line of your message.
• Right to Portability: You have the right to obtain a copy of your Personal Information that you previously provided to us in a portable, and to the extent technically feasible, readily usable format that allows you to transmit the Personal Information to another business without hindrance, where the processing is carried out by automated means. To exercise this right, please complete our online form here and select “Data Portability” or email your request to privacy@subjectwell.com and include “Access Request” in the subject line of your message.
• Right to Delete: You have the right to request us to delete the Personal Information we have collected or maintain about you. Please note that certain exceptions may apply to your right to delete information, such as when we must retain Personal Information as required or permitted by law and we will maintain a copy of your deletion request. We will notify you if any such exceptions apply to your request. To exercise this right, please complete our online form available here  and select “Data Deletion” or email us at privacy@subjectwell.com and include “Deletion Request” in the subject line of your message.
• Right to Opt Out of Sale or Sharing: You have the right to opt out or ask us not to sell or share your Personal Information. Please note that we do not sell or share your Personal Information. However, please note that we do use and share your information in order to help match you with clinical trials and provide our Services per your request.
• Right to Correct: You have the right to request that we correct any inaccurate Personal Information that we maintain about you. To exercise this right, please complete our online form available here  and select “Update Data” or email us at privacy@subjectwell.com and include “Correction Request” in the subject line of your message.
• Right to Appeal: If we refuse to take action on a request, you have the right to appeal our decision within a reasonable time. To exercise this right, please complete our online form here or email your request to privacy@subjectwell.com and include “Appeal Request” in the subject line of your message. Within 60 days of our receipt of your appeal, we will inform you in writing of any action taken or not taken in response to the appeal, including a written explanation for the decisions.

We will not discriminate against you for exercising any of the rights noted above. However, we may offer certain financial incentives, charge reasonable fees related to your requests (if such requests are manifestly unfounded, excessive, or repetitive), or deny your right to know, right to access, or right to deletion in accordance with applicable law.

You can exercise these rights yourself or you can designate an authorized agent to make a request on your behalf. If you would like an authorized agent to submit a request on your behalf, please send us an email at privacy@subjectwell.com for instructions and details on proof and information required for use of an authorized agent or select “Authorized Agent” when submitting the online form.

(3) How We Disclose Information

• We do not sell or share your Personal Information or the personal information of minors under age 16.
• We did not sell or share any Personal Information to third parties for their business or commercial purposes during the last 12 months.
• We did not use or disclose any Sensitive Personal Information for purposes other than those specified in section 7027(m) of the CCPA regulations.

(4) Third-Party Marketing Disclosure

Under California Civil Code § 1798.83, California residents with whom we have a business relationship can request information about the types of personal information, if any, we shared with third parties for the direct marketing purposes of the third parties and the identities of the third parties with whom we shared such information in the immediately preceding 12 months. We do not share your Personal Information with third parties in this manner and have not done so in the last 12 months. You may request more information by contacting us using the contact information at the bottom of this Privacy Policy.

IX. INDIVIDUAL RIGHTS – USERS IN THE EEA OR SWITZERLAND

Where we process Personal Information pertaining to individual located in the European Economic Area (“EEA”) or Switzerland, those individuals are entitled to ask us for an overview of the Personal Information we have about them and also to access, correct or delete certain Personal Information, restrict processing of their Personal Information, or to ask us to transfer Personal Information to other organizations. Certain individuals can also object to some processing of their Personal Information and, where we have asked for their consent, they can withdraw their consent at any time. Insofar as Personal Information about them is processed, certain individuals also have a right to know more about the protection we apply when transferring Personal Information to areas outside the EEA.

Note that we are not legally obligated to agree to such requests in all circumstances, and in certain circumstances, agreeing to a request may be infeasible – for example, a deletion request when we are required by law to maintain the Personal Information. Please also note that we are not able to act on any of the above requests if we are not in a position to identify an individual filing such request.

Where applicable, these rights can be exercised by completing the request form available here or by sending us an email through the contact details further below. Depending on where you live, you may have a right to lodge a complaint with a supervisory authority or other regulatory agency if you believe that we have violated any of the rights concerning your Personal Information. We encourage you to first reach out to us at privacy@subjectwell.com so we have an opportunity to address your concerns directly before you do so. We are committed to compliance with the General Data Protection Regulation (“GDPR”) where applicable, so please contact us through the details listed below if you have any questions about these rights.

X. INTERNATIONAL TRANSFERS OF PERSONAL INFORMATION

SubjectWell is a U.S.-based company with domestic and international business clients. As a result, Personal Information that we collect through the Platforms may be transferred to our U.S. offices to permit us to comply with our legal and contractual obligations, to provide information and services to prospective and current clients, and to perform related business activities. In addition, we may work with third-party service providers in the U.S. and in other countries to support our business activities. Thus, Personal Information may be transferred to, stored on servers in, and accessed from the U.S. and countries other than the country in which the Personal Information was initially collected. In all such instances, we use, transfer, and disclose Personal Information solely for the purposes described in this Privacy Policy.

XI. TRANSFERS OF PERSONAL INFORMATION FROM THE EEA, UK OR SWITZERLAND TO THE UNITED STATES

Subject Well, Inc. complies with the EU-U.S. Data Privacy Framework (EU-U.S. DPF) and the UK Extension to the EU-U.S. DPF, and the Swiss-U.S. Data Privacy Framework (Swiss-U.S. DPF) as set forth by the U.S. Department of Commerce.  Subject Well, Inc. has certified to the U.S. Department of Commerce that it adheres to the EU-U.S. Data Privacy Framework Principles (EU-U.S. DPF Principles) with regard to the processing of personal data received from the European Union and the United Kingdom in reliance on the EU-U.S. DPF and the UK Extension to the EU-U.S. DPF.  Subject Well, Inc. has certified to the U.S. Department of Commerce that it adheres to the Swiss-U.S. Data Privacy Framework Principles (Swiss-U.S. DPF Principles) with regard to the processing of personal data received from Switzerland in reliance on the Swiss-U.S. DPF.  If there is any conflict between the terms in this privacy policy and the EU-U.S. DPF Principles and/or the Swiss-U.S. DPF Principles, the Principles shall govern.  To learn more about the Data Privacy Framework (DPF) Program, and to view our certification, please visit https://www.dataprivacyframework.gov/

In compliance with the EU-U.S. DPF and the UK Extension to the EU-U.S. DPF and the Swiss-U.S. DPF, Subject Well, Inc. commits to resolve DPF Principles-related complaints about our collection and use of your personal information.  EU and UK individuals and Swiss individuals with inquiries or complaints regarding our handling of personal data received in reliance on the EU-U.S. DPF and the UK Extension to the EU-U.S. DPF, and the Swiss-U.S. DPF should first contact  us via email at: privacy@subjectwell.com.

In compliance with the EU-U.S. DPF and the UK Extension to the EU-U.S. DPF and the Swiss-U.S. DPF, Subject Well, Inc. commits to refer unresolved complaints concerning our handling of personal data received in reliance on the EU-U.S. DPF and the UK Extension to the EU-U.S. DPF and the Swiss-U.S. DPF to JAMS, an alternative dispute resolution provider based in the United States.  If you do not receive timely acknowledgment of your DPF Principles-related complaint from us, or if we have not addressed your DPF Principles-related complaint to your satisfaction, please visit https://www.jamsadr.com/DPF-Dispute-Resolution for more information or to file a complaint.  The services of JAMS are provided at no cost to you.

These recourse mechanisms are available at no cost to you. Damages may be awarded in accordance with applicable law. Please note that if your complaint is not resolved through these channels, under limited circumstances, a binding arbitration option may be available before a Data Privacy Framework Panel. Pursuant to the Data Privacy Framework, SubjectWell remains potentially liable for the transfer of Personal Information to third parties acting as our agents unless we can prove we were not a party to the events giving rise to the damages.

In cases of onward transfer to third parties of Personal Information of individuals in the EEA or Switzerland received pursuant to the EU-U.S. and Switzerland-U.S. Data Privacy Framework, SubjectWell is potentially liable.

The Federal Trade Commission has jurisdiction over Subject Well, Inc.’s compliance with the EU-U.S. Data Privacy Framework (EU-U.S. DPF) and the UK Extension to the EU-U.S. DPF, and the Swiss-U.S. Data Privacy Framework (Swiss-U.S. DPF).

XII. DATA RETENTION

We keep Personal Information for as long as it is needed to fulfill the purposes for which it was collected, to provide our Services, to deal with possible legal claims, to comply with our business interests and/or to abide by all applicable laws. If you register for our Services, we keep your Personal Information for ten (10) years from the point of collection in order to match you to a clinical trial. Thereafter, we either delete Personal Information about you or de-identify it. Please note that even if you request the deletion of Personal Information about you, we may be required (by law or otherwise) to retain the Personal Information and not delete it. However, once those requirements are removed, we will delete Personal Information about you in accordance with your request.

XIII. DATA SECURITY

We follow generally accepted industry standards to protect the Personal Information we collect or process through the Platforms. However, no method of transmission over the Internet, or method of electronic storage, is 100% secure. Therefore, while we strive to use commercially acceptable means to protect Personal Information, we cannot guarantee its absolute security.

XIV. CHILDREN

The Site is not intended for children under the age of 13. Accordingly, we do not intend to collect Personal Information from anyone we know to be under 13 years of age through the Site. If we become aware that a child under age 13 has provided Personal Information through the Site, we will delete such information from our files.

XV. CHANGES TO THE PRIVACY POLICY

This Privacy Policy may change from time to time, effective from the date mentioned in the updated version of the Privacy Policy. Please check the Platforms periodically to review such changes in the Privacy Policy. We may email periodic reminders of our agreements and policies in the event of a material change.

XVI. CONTACT US

If you have any questions about this Privacy Policy or about our privacy or data security practices, please contact us or our Data Protection Officer via the following:

E-mail: privacy@subjectwell.com
Address: 8300 N MoPac Expressway
Suite 300
Austin, TX 78759
USA

You can also contact our representatives in the European Union and United Kingdom:

European Data Protection Office (EDPO):

EDPO online request form: https://edpo.com/gdpr-data-request/

In writing to EDPO at Avenue Huart Hamoir 71, 1030 Brussels, Belgium.

UK General Data Protection Regulation (GDPR) – UK Representative:

EDPO online request form: https://edpo.com/uk-gdpr-data-request/

In writing to EDPO UK at 8 Northumberland Avenue, London WC2N 5BY, United Kingdom.