Purpose
Y-Prime, LLC (YPrime) is committed to transparency when it comes to its collection and use of Personal Data. This notice sets out YPrime’s commitment to privacy, data protection, and individual rights and obligations in relation to Personal Data.

This notice applies to all Personal Data of clients, clinical trial participants, vendors, job applicants, employees, contractors, former employees, and visitors to YPrime’s website (such as cookies and internet tags) which is provided to or collected and processed by YPrime.

Your California Privacy Rights
Under California’s “Shine the Light” law, California residents who provide certain personally identifiable information in connection with obtaining products or services for personal, family, or household use are entitled to request and obtain from us (once a calendar year) information about the customer information we shared (if any) with other businesses for their own direct marketing uses.  If applicable, this information would include the categories of customer information and the names and addresses of those businesses with which we shared customer information for the immediately prior calendar year (e.g., requests made in 2021 will receive information regarding 2020 sharing activities, if any).

To obtain this information, please send an email message to privacy@yprime.com with “Request for California Privacy Information” in the subject line and in the body of your message. We will provide the requested information to you at your email address in response.

Please be aware that not all information sharing is covered by the “Shine the Light” requirements, and only information on covered sharing will be included in our response.

YPrime respects individual privacy and values the confidence of its customers, employees, clinical trial participants, consumers, business partners and others. YPrime strives to collect, use and disclose Personal Data in a manner consistent with the laws of the countries in which it does business, but it also has a tradition of upholding the highest ethical standards in its business practices.

Questions about this notice, or requests for further information, should be directed to privacy@yprime.com. YPrime is compliant with the GDPR.

This notice may occasionally be updated. When material updates are made, the date of the last revision will be reflected at the end of the page.

Definitions
“Data Controller” is a natural or legal person, public authority, agency or other body which, alone or jointly with others, determines the purposes and means of the Processing of Personal Data.

“Data Subject” is an identified or identifiable natural living person.

“GDPR” is the European Union’s General Data Protection Regulation.

“Personal Data” is any information that relates to a living individual who can be identified from that information. Under GDPR this data is known as “Personally Identifiable Information”.

“Processing” is any use that is made of data, including collecting, storing, amending, disclosing or destroying it.

“Data Processor” is a natural or legal person, public authority, agency or other body which processes Personal Data on behalf of the data controller.

“Special Categories of Personal Data” means information about an individual’s racial or ethnic origin, Criminal Records Data, political opinions, religious or philosophical beliefs, trade union membership, health, sex life or sexual orientation and biometric data, and is a form of Personal Data.

“Criminal Records Data” means information about an individual’s criminal convictions and offences, and information relating to criminal allegations and proceedings.

Data Protection Principles
YPrime processes Personal Data in accordance with the following data protection principles:

• Processes Personal Data fairly, lawfully, and in a transparent manner.
• Collects Personal Data only for specified, explicit and legitimate purposes.
• Processes Personal Data only where it is adequate, relevant, and limited to what is necessary for the purposes of Processing.
• Keeps accurate Personal Data and takes all reasonable steps to ensure that inaccurate Personal Data is rectified or deleted without delay.
• Keeps Personal Data only for the period necessary for Processing.
• Adopts appropriate measures to make sure that Personal Data is secure, and protected against unauthorized or unlawful Processing, and accidental loss, destruction, or damage.

YPrime takes responsibility for how it acquires, processes, and disposes of Personal Data, and for ensuring compliance with the above principles.

• Process Personal Data fairly, lawfully, and in a transparent manner.
• collect Personal Data only for specified, explicit and legitimate purposes.
• Process Personal Data only where it is adequate, relevant, and limited to what is necessary for the purposes of Processing.
• Keep accurate Personal Data and takes all reasonable steps to ensure that inaccurate Personal Data is rectified or deleted without delay.
• Keep Personal Data only for the period necessary for Processing.
• Adopt appropriate measures to make sure that Personal Data is secure, and protected against unauthorized or unlawful Processing, and accidental loss, destruction, or damage.
• Take responsibility for how it acquires, processes, and disposes of Personal Data, and for ensuring compliance with the above principles.

Where considered the Data Controller, YPrime tells individuals the reasons for Processing their Personal Data, how it uses such data and the legal basis for Processing in its privacy notices, not processing Personal Data of individuals for other reasons. Where YPrime relies on its legitimate interests as the basis for Processing data, it will carry out an assessment to ensure that those interests are not overridden by the rights and freedoms of individuals. YPrime will update Personal Data promptly if an individual advises that his/her information has changed or is inaccurate.

Where considered the Data Processor or sub-processor, YPrime will only process the Personal Data in accordance with the applicable laws, rules, regulations, and as specifically directed by the data controller.

Personal Data gathered during employee and contractor relationships is held in the individual’s personnel file, in hard copy or electronic format and on YPrime HR systems. The periods for which YPrime holds such HR-related Personal Data are contained in its privacy notices issued to individuals.

YPrime operations and maintenance contractors sometimes have limited access to Personal Data in the course of providing products or services to YPrime. Access to Personal Data by these contractors is limited to that which is reasonably necessary for the contractor to perform its limited function for YPrime. YPrime requires its operations and maintenance contractors to: (1) protect the privacy of any Personal Data consistent with this notice, and (2) not use or disclose Personal Data for any purpose other than providing YPrime with products and services, as required by law.

YPrime keeps a record of its Personal Data Processing activities in accordance with the requirements of the GDPR.

What Data We Collect and How Is It Used 
The data collected by YPrime Technologies is considered special category as defined by the GDPR.  Based on clinical trial design, the data captured could include: 

• Patient demographic data,  
• Trial subject (mental) health condition, 
• Biometric data 
• Genetic data 

Data collected by YPrime technologies are related to the conduct of a clinical trial and involves collecting data concerning a trial subject covered by Informed Consent. 

Individual Rights
As a data subject, individuals have a number of rights in relation to their Personal Data.

Subject Access Requests
Individuals have the right to know what Personal Data about them is being controlled and processed by YPrime and to ensure that such Personal Data is accurate and relevant for the purposes for which YPrime collected it. If an individual makes a reasonable request, YPrime will tell him/her:

• whether or not his/her data is processed and if so why, the categories of Personal Data concerned and the source of the data if it is not collected from the individual;
• to whom his/her data is or may be disclosed, including to recipients located outside the European Economic Area (EEA) and the safeguards that apply to such transfers;
• for how long his/her Personal Data is stored (or how that period is decided);
• his/her rights to rectification or erasure of data, or to restrict or object to Processing;
• his/her right to complain to the relevant data privacy supervisory authority if he/she thinks YPrime has failed to comply with his/her data protection rights; and
• whether or not YPrime carries out automated decision-making and the logic involved in any such decision-making.

YPrime will also provide the individual with a copy of the Personal Data that has been collected during Processing. This will normally be in electronic form if the individual has made a request electronically, unless the individual requests otherwise.

If the individual requires additional copies, YPrime may charge a reasonable fee, which will be based on the administrative costs of providing the additional copies.

To make a subject access request, the individual should send an email message to  marketing@yprime.com. In almost all cases, YPrime is legally required to ask for proof of identification before the request can be processed.  Also, in some cases, YPrime may need to contact the data controller if YPrime is the Data Processor (or sub-processor), if applicable.

YPrime will normally respond to a request within a period of one month from the date it is received. In some cases, such as where YPrime processes large amounts of the individual’s data, it may respond within three months of the date the request is received. YPrime will write to the individual within one month of receiving the original request to tell him/her if this is the case.

If a subject access request is manifestly unfounded or excessive, YPrime is not obliged to comply with it. Alternatively, YPrime can agree to respond but will charge a fee, which will be based on the administrative cost of responding to the request. An example of when a subject access request is likely to be considered manifestly unfounded or excessive is where a request is repeated for which YPrime has already responded. If an individual submits a request that is unfounded or excessive, YPrime will notify him/her that this is the case and whether or not it will respond to it.

Other Rights
Individuals have a number of other rights in relation to their Personal Data. Individuals can require YPrime to:

• inform them about the collection and use of their Personal Data;
• rectify inaccurate Personal Data;
• stop Processing or erase Personal Data that is no longer necessary for the purposes of Processing;
• continue to store their Personal Data but not use it;
• respect an individual’s right to object to the Processing of their Personal Data in certain circumstances such as for direct marketing;
• provide them with their Personal Data in a portable form, so that it can be easily transferred to another IT environment. We would usually fulfil this request by providing the data in the form of a “comma-separated-values” (csv) file;
• respect an individual’s rights related to automated decision making based on their Personal Data;
• stop Processing or erase Personal Data if the individual’s interests override YPrime’s legitimate grounds for Processing Personal Data (where YPrime relies on its legitimate interests as a reason for Processing Personal Data);
• stop Processing or erase Personal Data if Processing is unlawful; and
• stop Processing Personal Data for a period if data is inaccurate or if there is a dispute about whether or not the individual’s interests override YPrime’s legitimate grounds for Processing Personal Data.

To ask YPrime to take any of these steps, the individual should send an email message to marketing@yprime.com.

EU Persons (EU Data Subjects) may complain to their home data protection authority and can invoke binding arbitration for some residual claims not resolved by other redress mechanisms.

If you have a comment or concern that cannot be resolved with us directly, you may also contact the competent local data protection authority.

Data Security
YPrime takes the security of Personal Data seriously. YPrime has internal policies and controls in place to protect Personal Data against loss, accidental destruction, misuse or disclosure, and to ensure that data is not accessed, except by employees in the proper performance of their duties.

Where YPrime engages third parties to process Personal Data on its behalf, such parties do so on the basis of written instructions, are under a duty of confidentiality and are obliged to implement appropriate technical and organizational measures to ensure the security of data.

YPrime recognizes potential liability in cases where Personal Data may be transferred to third parties. YPrime will not transfer any Personal Data to a third party without first ensuring that the third-party adheres to principles or similar laws providing an adequate and equivalent level of protection. YPrime does not transfer Personal Data to unrelated third parties, unless lawfully directed by a client or another data controller. For example, such circumstances would include disclosures of a client’s Personal Data required by law or legal process, or disclosures made in the vital interest of an identifiable person such as those involving life, health or safety. In the event that YPrime is requested to transfer Personal Data to an unrelated third party, YPrime will ensure that such party provides an adequate and equivalent level of protection. Should YPrime learn that an unrelated third party which received Personal Data from YPrime is using or disclosing Personal Data in a manner contrary to this notice, YPrime will take reasonable steps to prevent or stop the use or disclosure.

Impact Assessments
Some of the Processing that YPrime carries out may result in risks to privacy. Where Processing would result in a high risk to individual’s rights and freedoms, YPrime will carry out a data protection impact assessment to determine the necessity and proportionality of Processing. This will include considering the purposes for which the activity is carried out, the risks for individuals and the measures that can be put in place to mitigate those risks.

Data Breaches
If YPrime discovers that there has been a breach of Personal Data that poses a risk to the rights and freedoms of individuals, it will report it to the Information Commissioner within 72 hours of discovery. YPrime will record all data breaches regardless of their effect.

If the breach is likely to result in a high risk to the rights and freedoms of individuals, it will tell affected individuals that there has been a breach and provide them with information about its likely consequences and the mitigation measures it has taken.

International Data Transfers
Personal Data controlled or processed by YPrime may be transferred to countries outside the EEA.

YPrime assures compliance with this notice by utilizing Standard Contractual Clauses, applicable, and fully investigating and attempting to resolve any complaint or dispute regarding the use and disclosure of Personal Data in violation of this notice.

YPrime Employee Responsibilities
YPrime employees may have access to the Personal Data of other individuals and of our customers and clients in the course of their employment.  Where this is the case, YPrime relies on individuals to help meet its data protection obligations to staff and to customers and clients.

Employees who have access to Personal Data are required:

• to access only data that they have authority to access and only for authorized purposes;
• not to disclose data except to individuals whether inside or outside YPrime who have appropriate authorization;
• to keep data secure for example by complying with rules on access to premises, computer access, including password protection, and secure file storage and destruction;
• not to remove Personal Data, or devices containing or that can be used to access Personal Data, from YPrime premises without adopting appropriate security measures such as encryption or password protection to secure the data and the device;
• not to store Personal Data on local drives or on personal devices that are used for work purposes; and
• to report data breaches of which they become aware to privacy@yprime.com immediately.

Failing to observe these requirements may amount to a disciplinary offense, which will be dealt with under YPrime’s disciplinary policies and procedures.

YPrime will provide training to all employees about their data protection responsibilities as part of the induction process and at regular intervals thereafter.

Employees whose roles require regular access to Personal Data, or who are responsible for implementing this notice or responding to subject access requests under this notice, will receive additional training to help them understand their duties and how to comply with them.

Internet Privacy
YPrime, or third parties at the direction of YPrime, may collect Personal Data through its website and visitors’ interactions with elements of its website, which are also subject to this notice. Such Personal Data can be collected when an individual submits his or her name and/or address. YPrime, or third parties at the direction of YPrime, can also collect information about visits to the YPrime website without an individual actively submitting information through various automated digital means, such as IP addresses, cookie identifiers, pixels, and end-user website activity. Although the information collected by such automated digital means does not directly identify specific individuals, internet web browsers automatically transmit information to the YPrime website regarding the software a user’s computer is operating, such as IP address and browser version. Information collected by these technologies cannot be used to identify individuals without additional identifiable information.

Cookies
YPrime uses cookies which are small data files that are served by our platform and stored on your device. Our site uses cookies dropped by us or third parties for a variety of purposes including to operate and personalize the website to improve users’ experience and for targeted advertising purposes. Cookies may expire at the end of your browsing session, or they may be stored on your computer ready for the next time you visit the website. You can prevent the setting of cookies by adjusting the settings on your browser (see your browser “Help” section for how to do this). Disabling cookies will affect how you experience our website.

YPrime Application Permissions 
Several permissions are necessary to access some features of the YPrime application.  

On Android 11 and lower, a Bluetooth scan could potentially be used to gather information about the location of the user. Our application does not access or view user location however, it is required to declare it when providing support for Bluetooth for Android.  For a list of specific settings email marketing@yprime.com.

Version 10, last updated 18 July 2024