Consumer Health Data Privacy Policy

Otsuka Precision Health – Ekkomi Consumer Health Data Privacy Policy

Effective: 8/19/2024

This Consumer Health Data Privacy Policy (this “Policy”) supplements Otsuka Precision Health’s, (“OPH,” “we,” “our,” or “us) Privacy Policy at https://www.ekkomi.com/policies/privacy-policy and applies to the collection of “consumer health data” subject to the Washington My Health My Data Act (“MHMDA”) collected through our website, mobile application, and other online services. This Policy does not apply to information or practices that are not subject to the MHMDA, such as publicly available information, job applicant and employee information, or information that is otherwise exempt from the MHMDA.

1. The Categories of Consumer Health Data We Collect

The data we collect depends on the context of your interactions with us. Due to the broad definition of “consumer health data” under MHMDA, many of the categories of data we collect could also be considered consumer health data. We may collect the following categories of “consumer health data”:

  • Individual health conditions, such as stress levels, moods, and reasons for feeling a certain way (e.g., pain/illness, sleep, exercise, nutrition, etc.), and other insights related to one’s health and wellness; and
  • Information processed to associate or identify a consumer with the data described above that is derived or extrapolated from non-health information.

2. Purposes of Collection and How We Use Consumer Health Data

Generally, we may collect and use the consumer health data that we collect for the purposes set forth below:

  • As reasonably necessary to provide you with the products or services you have requested;
  • To provide support in connection with the use of our products and services;
  • To communicate with you;
  • To establish and manage your account;
  • To administer the services and our relationship with you;
  • To send you updates about us and the products and services we offer;
  • To detect security incidents;
  • To protect against malicious or illegal activity;
  • To ensure the appropriate use of our products and services;
  • To improve our products and services and to develop new products and services;
  • For short-term transient use of online identifiers;
  • For quality and safety assurance;
  • For internal research and development to evaluate the effectiveness of our products and services;
  • For purposes of marketing, advertising, and product promotion, including to contact you regarding our programs, products, and services, surveys, and topics that be of interest or useful to you; and
  • To comply with our legal and regulatory obligations.

3. The Categories of Sources from Which We Collect Consumer Health Data

In general, we may collect or receive consumer health data from the following categories of sources:

  • Directly or indirectly from you; and
  • Those authorized to provide personal information on your behalf.

4. The Categories of Consumer Health Data that We Share

We may share the following categories of consumer health data with third parties and affiliates:

  • Individual health conditions, such as stress levels, moods, and reasons for feeling a certain way (e.g., pain/illness, sleep, exercise, nutrition, etc.), and other insights related to one’s health and wellness; and
  • Information processed to associate or identify a consumer with the data described above that is derived or extrapolated from non-health information.

5. The Categories of Third Parties and Specific Affiliates with Whom We Share Consumer Health Data

We may share the categories of consumer health data collected with the following categories of third parties and specific affiliates:

  • Brands, affiliates including Otsuka America Pharmaceutical, Inc. (OAPI) and Otsuka Pharmaceutical Development Commercialization, Inc. (OPDC) and Otsuka America, Inc. (OAI), and subsidiaries;
  • Business partners;
  • Service providers and vendors;
  • Operating systems and platforms;
  • Advisors and agents;
  • Regulators and government entities;
  • Others as required by law; and
  • Third parties we, our affiliates, or subsidiaries are or may be acquired by, merged with, financed by, or invested in by, or if any of our assets are or may be transferred to another company, whether as part of a bankruptcy or insolvency proceeding or otherwise, we may transfer the information we have collected about you to the other company. We may also share certain personal information as necessary prior to the completion of such a transaction or corporate transactions such as financings or restructurings, to lenders, auditors, and other advisors, including attorneys and consultants, as part of due diligence or as necessary to plan for a transaction.

6. Your Privacy Rights

Your Privacy Rights. Subject to certain conditions and exceptions, the MHMDA provides Washington residents with the following rights:

  • Know/Access. The right to confirm whether we collect, share, or sell your consumer health data and the right to access such consumer health data.
  • Deletion. The right to have your consumer health data deleted.
  • Withdraw Consent. The right to withdraw consent from our collection, sharing, and selling of your consumer health data.

Exercising Your Privacy Rights. Washington residents may exercise their MHMDA rights as set forth below:

  • Know/Access and Deletion. To make a request to know/access or delete your consumer health data, please email us at privacyofficer@otsuka-oph.com or call 1-833-468-7852. Before completing your request, we may need to verify your identity or your authority to make a request on behalf of another person. We may send you a link to verify your email address and may request additional documentation or information solely for the purpose of verifying your identity, depending on the type of the request.
  • Withdraw Consent. Washington residents may withdraw their consent as set forth below:
    • Collection. To opt out of our collection of your consumer health data, please email us at privacyofficer@otsuka-oph.com or call 1-833-468-7852. Please note that if you withdraw your consent to our collection of your consumer health data, we may be limited in the manner in which we can provide our services to you.
    • Sharing. To opt out of we share your consumer health data with third parties and affiliates, please email us at privacyofficer@otsuka-oph.com or call 1-833-468- 7852.
    • Sale. We do not sell consumer health data.

If your request to exercise a right under the MHMDA is denied, we will provide instructions for how you can appeal our decision. If your appeal is unsuccessful, you can file a complaint with the Washington State Attorney General at www.atg.wa.gov/file-complaint.