This notice supplements Mercurial AI, Inc.’s (“Mercurial AI,” “we,” “us,” or “our”) Privacy Policy and applies to personal data defined as “Consumer Health Data” subject to the Washington State My Health My Data Act (“MHMDA”), the Nevada Health Data Privacy Act (“NHDPA”), and/or other applicable state consumer health privacy law that is collected when you interact with our website at www.mercurial-ai.com, the CarePilot application and CarePilot online portal available at https://app.mycarepilot.com (together with any other supporting websites that we may make available, and the mobile and touch versions of any of the foregoing, collectively, the “Platform”), as well as the associated personalized educational information based upon a review of your medical records by Mercurial AI’s artificial intelligence (“AI”) technology (collectively, “Services”). For purposes of clarity, this Consumer Health Data Privacy Policy applies only to Consumer Health Data you provide directly to us or that we collect directly from you. This Policy does not apply when Mercurial AI is acting as a Business Associate of your treating provider.
Categories of Consumer Health Data We Collect
Mercurial AI only collects, uses, and discloses Consumer Health Data as necessary to provide you with the Platform and Services that you request from Mercurial AI or with your consent.
Mercurial AI may collect Consumer Health Data related to the following categories:
- Product Interests. Information about your interest in our Platform and Services, such as when you visit our website and mobile application.
- Individual Health Conditions, Treatments, Diseases, or Diagnosis. Information about your health history, including your conditions, treatments, diseases, or diagnoses contained in your medical records or any other documents or information you provide us in order to receive our Services.
- Health-related Surgeries or Procedures. Information about your health-related surgeries or procedures contained in your medical records or any other documents or information you provide us in order to receive our Services.
- Use of Prescribed Medication. Information about your use of prescribed medications contained in your medical records or any other documents or information you provide us in order to receive our Services.
- Bodily Functions, Vital Signs, Symptoms, and Measurements. Information about your bodily functions, vital signs, symptoms, and measurements of any health-related categories contained in this section that are contained in your medical records or any other documents or information you provide us in order to receive our Services.
- Reproductive and Sexual Health Information. Information about your reproductive or sexual health contained in your medical records or any other documents or information you provide us in order to receive our Services.
- Biometric Data. Information generated from measurement or technological processing of your physiological, biological, or behavioral characteristics that identify you that are contained in your medical records or any other documents or information you provide us in order to receive our Services.
- Genetic Data. Information about your genetic characteristics contained in your medical records or any other documents or information you provide us in order to receive our Services.
Purposes for Collecting Consumer Health Data and How We Use It
We may use your Consumer Health Data for the following purposes:
- Provide you with the Platform, Services, and any other information or services you request. For example, we may use your information to provide certain features and functions of the Platform and Services and to otherwise respond to and process your requests.
- Support the Platform, Services, and our business. For example, we may use your information to respond to inquiries and troubleshoot any issues with the Platform or Services.
- Manage our business needs, such as improving the Platform and Services and developing new services and offerings. For example, we ingest your information within the Platform to conduct research and analytics about the way you and other users use the Platform and to further train and improve its content, functionality, and ease of use. We may also use your information in aggregated, anonymized, or otherwise de-identified form for our other business purposes, including to develop new products and services.
- Market, promote, and provide other information regarding our services and offerings (including the Platform and Services). For example, we may use your information to tailor our offerings to your preferences and interests and to send you information about our products, services, and system changes that we think may be of interest to you.
- Manage risk and protect the Platform. We use data to better protect the Platform, Services, and you by enhancing Platform security and helping to detect and prevent fraud and abuse of the Platform and Services.
- Comply with our other contractual, legal, and regulatory obligations. We will use your information as necessary to enforce the terms of the Platform and Services, to address emergency situations, and to comply with our contractual obligations and applicable legal requirements.
- Carry out other purposes for which you provide your consent. For example, we will use your information for other purposes which are disclosed to you at the time your information is collected or for purposes which can be inferred from or are obvious given the circumstances of collection.
Categories of Sources From Which Consumer Health Data is Collected
We may collect your Consumer Health Data from the following sources:
- From you, such as when you request, engage, or interact with the Platform and Services or provide us Consumer Health Data directly in order to receive our Services.
- From your interactions with us, such as when you use our Platform and Services.
Categories of Consumer Health Data That is Shared
We share all of the categories of Consumer Health Data that we may collect, as disclosed above.
Categories of Third Parties With Whom Consumer Health Data is Shared
We may share each of the categories of Consumer Health Data described above for the purposes described in the “Do we disclose your information to third parties?” section of the Privacy Policy. In particular, we may share personal information, including any Consumer Health Data, with your consent or as reasonably necessary to complete any transaction or provide any product or service you have requested or authorized.
We may share Consumer Health Data with the following third parties:
- Third-Party Service Providers. We may disclose your Consumer Health Data for a business purpose to our third-party service providers, such as payment processors, website hosts, and analytics providers, that help us to support the Platform and provide our Services to you.
- Legal Requirements and Business Transfers. We may disclose your Consumer Health Data to third parties: (i) if we are required to do so by law, legal process, statute, rule, regulation, or professional standard, or to respond to a subpoena, search warrant, or other government official request; (ii) when we believe disclosure is necessary or appropriate to prevent physical harm or financial loss; (iii) in connection with an investigation of a complaint, security threat, or suspected or actual illegal activity; (iv) in connection with an internal audit; or (v) in the event that Mercurial AI is subject to mergers, acquisitions, joint ventures, sales of assets, reorganizations, divestitures, dissolutions, bankruptcies, liquidations, or other types of business transactions. In these types of transactions, your information (including Consumer Health Data) may be shared, sold, or transferred, and it may be used subsequently by a third party.
We do not sell your Consumer Health Data.
We may share aggregate, de-identified information with others, including affiliated and nonaffiliated companies, for any legal purpose.
Exercising Your Rights Related to Consumer Health Data
If you are covered by the MHMDA, the NHDPA, or other applicable consumer health privacy law then you may have certain rights with respect to consumer health data, including rights to access, delete, or withdraw consent relating to such data, subject to certain exceptions. You can request to exercise such rights or appeal any decision we make related to such rights by contacting:
contact@mercurial-ai.com
Portal Innovations (Attn: Mercurial AI)
400 N. Aberdeen St., Floor 9
Chicago, IL 60642
Changes to this Policy
We reserve the right, at our discretion, to, modify, add, or remove portions of this Consumer Health Data Privacy Policy at any time. If we update or change this Policy, the changes will be posted on this page. If the changes are significant, we may provide a more prominent notice, and at our discretion may email you directly with notification of the same if we have an email address on file for you. Your continued use of the Platform and Services following the effective date of any change signifies your assent to the updated Policy. You are solely responsible for periodically visiting the Platform and this Policy to check for any changes.
