Heroes Health Privacy Policy

Your privacy is our top priority.

This Privacy Policy (“Policy”) governs your participation in the Heroes Health program (the “Program”) and use of the Heroes Health mobile application (the “Application”) made available by Marvin Behavioral Health, Inc. (“Marvin”).  This Policy is designed to inform you of how the Program works, what information will be gathered through your use of the Application, how that information is processed, and what use may be made of that information.  By agreeing to the terms of this Policy, and separately by using the Application, you consent to the Policy and to the collection, processing, disclosure and use of your information as described in this Policy.  If you do not want to have your information gathered or used as described, you should uninstall the Application from the device on which you have downloaded it.  WE MAKE NO REPRESENTATION THAT THE PROGRAM IS APPROPRIATE OR AVAILABLE FOR USE OUTSIDE THE UNITED STATES.  ACCESS TO THE APPLICATION FROM COUNTRIES OR TERRITORIES OR BY INDIVIDUALS WHERE SUCH ACCESS IS ILLEGAL IS PROHIBITED.        

How Does the Application Work?

You may download the Application from one or more application distributors (“App Stores”).  You may be required to provide information about you and your mobile device(s) in connection with that process, or in connection with updating the Application.  Marvin does not control or direct what information may be gathered in connection with your downloading of the Application from an App Store, nor does it control or direct how that entity may gather, use, process, transfer or disclose that information.  You should contact the App Store if you have any questions about its use of your information.

Once you install the Application on your mobile device, any information you submit is processed on Marvin’s systems and is available to employees of Marvin who may access the information and use it as described below.  Your information will be stored and processed on systems located in the United States.

What Does this Policy Cover?

This Policy covers how we will use and disclose personally identifiable information (“Personal Information”) that we gather when you are accessing or using the Application.  You will be able to provide Marvin with Personal Information, including but not limited to, information about yourself, your mental health symptoms, and your satisfaction with your employer or institution with which you are affiliated.    

We do not knowingly collect or solicit Personal Information from anyone under the age of 18 or knowingly allow such persons to participate in the Program.  If you are under 18, you must not attempt to register for the Program or download the Application and you must not send any information about yourself to us, including but not limited to your name, address, telephone number, or email address. In the event that we learn that we have collected Personal Information from a person under age 18, we will delete that information. If you believe that we might have any information from or about a person under the age of 18, please contact us at user-success@meetmarvin.com_________________________.  Marvin does not, to the best of our knowledge, sell or rent personal information that we have collected or retain about you to any third-party for any purposes.  Accordingly, we do not offer individuals the ability to “opt-out” of the selling or renting of personal information because we do not engage in those practices.

What Information Does the Application Collect?

The Application will obtain information from you in two ways. The first is information that you manually enter. The second is information that is collected automatically to track your usage.

Information You Manually Enter

We receive and store any information you manually enter into the Application.  We will ask you to enter information including, but not limited to, zip code, age, gender identity, race, ethnicity, marital status, phone number, email address, occupation, COVID-19 infection status, and mental health symptom. In the future we may collect additional health-related information as the Program is further developed. 

Information Collected Automatically

Marvin may automatically receive technical information relating to your usage of the Application such as your operating system, device, features used, content viewed and downloaded, the dates and times of your interactions with the Application and other information. We may use this information to understand, customize, and improve user experience with the Application and the Program.  For example, we may engage analytics services to analyze this information in order to help us understand how visitors engage with and navigate the Application, how and when features within the Application are used, and by how many users.

Communication

We may use your data to communicate with you, including through push notifications. We will not send you any unsolicited marketing or spam and will take all reasonable steps to ensure that we comply with our obligations under applicable state and federal law. If you no longer wish to receive push notifications, you can disable them by updating your notification settings under the “My Account” menu or withdraw from the Initiative by selecting “Leave Study” under the “Resources” tab at any time through your mobile device. You may also withdraw from the Program by removing the Application from your mobile device at any time.

We may also use your data to communicate with you about other products or services offered by Marvin, or to improve and Application and your experience with it.

Is Personal Information About Me Secure?

Protecting the privacy of the Personal Information we hold in our records is our highest priority, but we cannot guarantee complete security. Unauthorized entry or use, hardware or software failure, and other factors, may compromise the security of your Personal Information at any time.

The following safeguards have been established to ensure the security of Personal Information collected:

To minimize the risk to confidentiality, screening data is always treated as confidential. All data will be entered and stored on HIPAA-compliant secure cloud platforms that are encrypted and housed on secure servers.  Personally identifying information and participant data will never be stored in the same physical location.

 

Will the Program or Marvin Share Any of the Information It Receives?

De-Identified Aggregate Data

If your employer or a health care organization with which you are affiliated (each, an “Employer”) makes the Program available to you, then Marvin will provide your Employer with a report of de-identified, aggregate data on the wellness of their teams. This is based on information collected from workers in mental health surveys through the Application.  These reports will never contain identifiable study data (your name, date of birth, or email address) and will never contain reports on subgroups less than 10 workers, to protect worker anonymity (e.g., if there are fewer than 10 nurses reporting data within a particular unit, nurse-by-unit data will not be provided, and instead data will be provided at a higher level of aggregation).

Identifiable Data

If you opt in to sharing identifiable data, and if the results of your mental health screenings indicate that you are experiencing suicide ideation or moderate-to-severe mental health symptoms, then the results of your mental health screenings will be available to mental health support teams (“Support Teams”) at Employer or to Marvin’s affiliated behavioral and mental health services provider, Marvin Behavioral Health MA, P.C. (“Marvin Behavioral”), within 24 hours. These reports will be made available via secure delivery and will allow Support Teams or Marvin Behavioral to contact individuals who are suffering and connect them with relevant resources and/or mental health care.

The information collected by the Application will not be shared with advertisers nor sold for advertising purposes. 

We reserve the right to disclose information collected through the Application as required by law, when we believe disclosure is necessary to comply with a regulatory requirement, judicial proceeding, court order, or legal process served on us, or to protect the safety, rights, or property of the Program, Marvin, or the public. We may also disclose and transfer your Personal Information to a successor to Marvin’s business when a transaction transfers Marvin’s rights in the Application.  You acknowledge that such disclosures and transfers may occur, and that any acquirer of Marvin may continue to use your personal and non-personal information only as set forth in this Policy.  We may also transfer or disclose anonymized or aggregated information to parties that assist us in designing, operating or improving the Application, as well as to perform data analytics.  

What Choices Do I Have?

You may choose not to participate in the Program. Your participation is voluntary and you have the right to withdraw your consent and discontinue participation at any time. In addition, you may decline to answer any question in the weekly assessments. If you withdraw from the Program, we will retain all of the information about you that was collected prior to that point and continue to use such information as described in this Privacy Policy. If you have questions about withdrawing, please contact us at user-success@meetmarvin.com.

You may be able to add, update, or delete certain information as explained above. When you update or delete information, we may maintain a copy of the unrevised information in our records.

Our Data Retention Criteria

The period during which we store your personal information varies depending on the purpose for the processing. For example, we store personal information needed to provide you with products and services, or to facilitate transactions you have requested, for so long as you are a client of Marvin.  We store your personal information for our marketing purposes until you have opted-out of receiving further direct marketing communications in accordance with applicable law. In all other cases, we store your personal information for as long as is needed to fulfill the purposes outlined in this Policy, following which time it is either anonymized (where permitted by applicable law), deleted or destroyed.

Marketing

You have the right to opt-out of receiving electronic direct marketing communications from us.  All electronic direct marketing communications that you may receive from us, such as e-mail messages, will give you an option of not receiving such communications from us in the future.

California Privacy Rights.  

California Civil Code Section § 1798.83 permits users of the Program and the Application that are California residents to request certain information regarding our disclosure of personal information to third parties for their direct marketing purposes. Pursuant to the California Consumer Privacy Act of 2018, as amended (“CCPA”), California residents may have certain data privacy rights, such as the right to be notified about what personal information categories are collected about you, and our intended use and purpose for collecting your personal information. You may have the right to request access to your personal information and, to the extent feasible, request that it be transmitted in certain forms and formats.  You may have the right to request that we (and any applicable service provider) delete your personal information. You have the right not to be subject to discrimination for asserting your rights under the CCPA.  If you make, or an authorized agent on your behalf makes, any request related to your personal information, Marvin will ascertain your identity to the degree of certainty required under the CCPA before addressing your request.  Marvin may require you to match at least three pieces of personal information we have previously collected from you before granting you access or otherwise responding to your request.  

European Union (EU) Privacy Disclaimer

Marvin processes personal information in accordance with the legal bases set forth in the EU General Data Protection Regulation (GDPR) or EU Member State law. For example, our processing of Personal Data on individuals (as described above) is justified based on statutory provisions that (1) processing is based on the consent; (2) processing is necessary for Marvin’s legitimate interests as set out herein; and (3) processing is necessary for the performance of a contract to which you are a party. If you are in the EU or afforded protection under the GDPR, you may have certain rights with respect to the Personal Data. To the extent permitted by applicable data protection laws, you may access the Personal Data we hold about you; request that inaccurate, outdated, or no longer necessary information be corrected, erased, or restricted; and, request that we provide your Personal Data in a format that allows you to transfer it to another service provider. You also may withdraw your consent at any time where we are relying on your consent for the processing of your Personal Data. You may object to our processing of your Personal Data where that processing is based on our legitimate interest. You have the right to lodge a complaint with your competent data protection authority. If you wish to exercise any of these rights, please contact us in accordance with the instructions provided below.

Nevada Privacy Disclaimer

 Pursuant to Nevada law, a Nevada “consumer” (as the term is defined therein), may, at any time, submit a verified request through a designated request address to an “operator” directing the operator not to make any sale of his or her personal information that the operator has collected or will collect about the consumer. For clarity purposes, Marvin does not sell or exchange your personal information for monetary consideration to a third party for the third party to license or sell the information to additional persons or parties.

Effective Date and Changes to This Privacy Policy

This Policy is effective as of _____________, 2021. We may amend this Policy from time to time. We may notify you of changes to our Policy through email or other forms of communication. Even if we do not notify you, it is your obligation to check the Privacy Policy for changes. Use of information we collect now is subject to the version of the Policy in effect at the time such information is used.

Questions or Concerns?

If you have any questions or concerns regarding this Policy, please send a message to user-success@meetmarvin.com.  This Policy forms part of our Terms and Conditions of Service and as such shall be governed by and construed in accordance with the laws of the State of California as further provided in the [Linked Terms and Conditions].