ACUTA PRIVACY POLICY

Note: ACUTA Customers/Users, please review this policy in conjunction with our Software Subscription/License Agreement and/or Master Services Agreement.   This Privacy Policy describes how ACUTA collects, uses and discloses Personal data, some of which could include personally identifiable information, and what choices you have with respect to the information. This version of the Privacy Policy reflects changes in recent data protection laws including the recent GDPR. When we refer to “ACUTA”, we mean the ACUTA LLCC entity that acts as the processor of your information, as explained in detail in the sections below.  When we refer to "Customer" we mean our clients who act as a controller and are directly in control of their data entered in the software/application provided by ACUTA, including any personally identifiable data.
  • Definitions
    • Controller’ means the natural or legal person, public authority, agency or other body which determines the purposes and means of the processing of personal data.
    • Processor’ means a natural person or legal person, public authority, agency or other body which processes personal data on behalf of the controller.
    • Processing’ means any operation or set of operations which is performed on personal data or on sets of personal data, whether or not by automated means, such as collection, recording, organization, structuring, storage, adaptation or alteration, retrieval, consultation, use, disclosure by transmission, dissemination, or otherwise making available alignment or combination, restriction, erasure or destruction.
    • Personal data’ means any information relating to an identifiable person who can be directly or indirectly identified in particular by reference to an identifier.
    • Customer data’ means any information created by an authorized user of services or software under contract, for which the Customer is the controller and ACUTA is the processor.
    • Other Information’ means information provided by individuals when interacting with the acutallc.com website (applying for jobs, using contact us form, etc.) and information maintained by ACUTA for marketing and communication purposes (eg. contact databases, email lists).
  • Applicability of this Policy
    • This Privacy Policy applies to
      • ACUTA'ss cloud based ‘ACUTA Regulatory Information Management (ARIM)’ system.
      • The regulatory submission publishing services provided by ‘ACUTA Regulatory and Clinical Services (ARCS)’ to ACUTA customers.
      • The ‘acutallc.com’ website
      • Other interactions (email marketing communications, social media interactions, etc.) you may have with ACUTA.
      • This Privacy Policy does not apply to any third-party applications or software or services that are integrated/provided with ACUTA software and services.
  • Information We Collect & Receive
    1. ACUTA may collect and/or receive Personal data in the following methods:
      1. ACUTA Products and Services. ACUTA collects and/or receives Personal data. In these scenarios:
      2. ARIM. When a customer subscribes to the ARIM system, ACUTA collects customer information and the customer’s contact person’s information (such as name, title, e-mail and phone number) to set up the customer account.  However, the contents in the ARIM database are entered, managed and owned by the Customer. The contents include data (including authorized users’ personal information) and documents stored in the ARIM system. In this scenario, the Customer acts as a controller and ACUTA acts as a processor.
      3. When a user accesses the ARIM system URL, the system captures the Internet Protocol (IP) address, user name, date and time information in the event an unknown user name is entered.
      4. Other ACUTA Software.  When a customer/user purchases ACUTA software the end user’s personal information (such as name, title, e-mail, phone number and address) are collected to issue a license to the user.  In this scenario ACUTA acts as controller of the information.
      5. ARCS. When the Customer interacts with ARCS team, customer team members’ personal information (as name, title, e-mail and phone number), data, and documents are shared with ARCS team members to perform the required tasks agreed under the Services Agreement and Work orders. In this scenario, the Customer acts as the controller and ACUTA acts as a processor.
    2. Other Information. ACUTA also collects, generates and/or receives Other Information as described below.  In these scenarios, ACUTA acts as a controller of the information.
      1. Visitors to our website that use the forms provided, such as applying for a job, requesting information via contact forms, request support, etc. will provide personal information for the purposes of that contact, including names, phone numbers, e-mail, etc.
      2. ACUTA maintains contact databases and email lists to be used for marketing and communication purposes.
  • How We Use Information
    • In the case of customers and the customer user’s data and personal information collected as part of the product or services agreement is strictly used following the terms and conditions of the agreement with customer. This information is used for billing, account management, and other administrative matters.
    • Other Information: This information is used for end user notifications such as job applications, product releases, updates and marketing efforts. All individuals will be sent notifications giving an option to either consent or opt out. Contacts who do not respond, or who opt out will be removed from the database and lists. ACUTA does not share this information with any third parties, in the event the information needs to be shared, the consent of the individual will be obtained prior to sharing of the information. The information we receive and collect is strictly used for the purpose provided in the website and is not used for any other processing.
  • Data Retention
    • ACUTA will retain Customer Data in accordance with the terms and conditions specified in the agreement signed by CUSTOMER and ACUTA.
    • ACUTA may retain Other Information pertaining to an entity or individual who is not an ACUTA customer for as long as necessary for the purposes described in this Privacy Policy.
    • All Personal data is destroyed when it is no longer needed.
  • How We Share and Disclose Information
    • This section describes how ACUTA may share and disclose Information.
      1. Customer’s Instructions. ACUTA will solely share and disclose Customer Data in accordance with a Customer’s instructions, including any applicable terms in the Customer Agreement and in compliance with applicable law and legal process.
      2. Third Party Service Providers and Partners. We may engage third party companies or individuals as service providers or business partners to process Information and support our business. These third parties may, for example, provide virtual computing and storage services (e.g. QuickBooks, Microsoft Azure, Constant Contact, HubSpot, etc.). In those terms, they serve solely as Processors, and not Controllers.
      3. Change to ACUTA Business. If ACUTA engages in a merger, acquisition, bankruptcy, dissolution, reorganization, sale of some, or all, of ACUTA assets, financing, public offering of securities, acquisition of all or a portion of our business, a similar transaction or proceeding, or steps in contemplation of such activities (e.g. due diligence), some or all Other Information may be shared or transferred, subject to standard confidentiality arrangements.
      4. To Comply with Laws. If we receive a request for information, we may disclose Other Information if we reasonably believe disclosure is in accordance with or required by any applicable law, regulation or legal process.
      5. To enforce our rights, prevent fraud, and for safety. To protect and defend the rights, property or safety of ACUTA or third parties, including enforcing contracts or policies, or in connection with investigating and preventing fraud or security issues.
  • Age Limitations
    • ACUTA does not collect information on age. If you learn that anyone younger than 16 has unlawfully provided us with personal data, please contact us at acutaprivacy@acutallc.com and we will take steps to delete such information.
  • Changes to This Privacy Policy
    • ACUTA may change this Privacy Policy from time to time. Laws, regulations and industry standards evolve, which may make those changes necessary, or we may make changes to our business. We will post the changes to this page and encourage you to review our Privacy Policy to stay informed. If we make changes that materially alter your privacy rights, ACUTA will provide additional notice, such as via email or through the Services.
  • Your Rights
    • Customers and Authorized Users of ACUTA software have the right to access and update their personal information in the application they have access to.  Alternatively, they can contact their system administrator to assist with the same.
    • ACUTA may also process your Personal Data for direct marketing purposes and you have a right to object to ACUTA'ss use of your Personal data for this purpose at any time. All individuals will be sent notifications giving an option to consent or opt out. Contact information of individuals who have opted out will be removed from the databases and lists.
    • ACUTA as a controller will notify all individuals within 72 hours of noticing a breach in security to the information we process or control.
    • The company may be required to disclose personal data in response to a lawful request by public authorities, including to meet national security or law enforcement requirements.
    • To the extent that ACUTA'ss processing of your Personal data is subject to the General Data Protection Regulation, ACUTA relies on its legitimate interests, described above, to process your data. ACUTA may also process Other Information that constitutes your Personal data for direct marketing purposes and you have a right to object to ACUTA'ss use of your Personal Data for this purpose at any time. All individuals will be sent notifications giving an option to consent or opt out. Contact information of individuals who have opted out will be removed from the databases and lists.
    • In cases of onward transfer to third parties of data of EU and Swiss individuals received pursuant to the EU-US and Swiss-US Privacy Shield Frameworks, ACUTA is potentially liable.  We do not transfer personal data to non-agent third parties. If we ever were to engage in any onward transfers of your data with non-agent third parties, we would provide you with an opt-out choice to limit the use and disclosure of your personal data.
  • Data Protection Officer
    • To communicate with our Data Protection Officer, please email acutaprivacy@acutallc.com.
  • Complaints / Contacting ACUTA
    • ACUTA commits to resolve complaints about your privacy and our collection or use of your personal information. Individuals with inquiries or complaints regarding this privacy policy should first contact ACUTA at:
    • Phone: +1 508 466 7799
    • Email: acutaprivacy@acutallc.com
    • Mail: ACUTA LLCC, 67 Forest Street, Suite 286, Marlborough, MA 01752, USA
  If you do not agree with this policy, do not access or use the software, services, website or any other aspect of ACUTA'ss business.