Privacy Policy

Last Updated: May 3, 2024

SimX, Inc. (“SimX”) wants you to understand how we collect, use and disclose your information.

This Privacy Policy describes our practices in connection with information that we collect online and offline:

through our websites (“Websites”);
through the software applications made available by us for use on or through computers, Virtual Reality headsets, and/or mobile devices (“Apps”);
through social media properties (our “Social Media”) from which you are accessing this Privacy Policy;
through email messages that we send to you (“Emails”);
through services we provide to our customers (“Professional Services”); and
through any other offline business interactions you may have with SimX. (“Offline Interactions).

COLLECTION OF PERSONAL INFORMATION

Collectively, SimX refers to its Websites, the Apps, our Social Media, Emails, Professional Services and Offline Interactions as the “Services.”

If you use the Services at the request of your employer, and we provide Services to your employer, we collect, use and share your personal information for the above purposes at the request of, and in accordance with the directions of your employer. Your employer is the data controller of your personal information for such purposes, and we are the data processor. Your employer has personal information protection policies and processes that may differ from the privacy statement you are currently reading, and we recommend that you read such policies before accessing or using the Services.

If you are a student and use the Services at the request of your educational institution, and we provide Services to your educational institution, we collect, use and share your personal information for the above purposes at the request of, and in accordance with the directions of your educational institution. Your educational institution is the data controller of your personal information for such purposes, and we are the data processor. Your educational institution has personal information protection policies and processes that may differ from the privacy statement you are currently reading, and we recommend that you read such policies before accessing or using the Services.

If you are using the Services at the request of another organization, and we provide Services to that organization, we collect, use and share your personal information for the above purposes at the request of, and in accordance with the directions of that organization. Your organization is the data controller of your personal information for such purposes, and we are the data processor. Your organization has personal information protection policies and processes that may differ from the privacy statement you are currently reading, and we recommend that you read such policies before accessing or using the Services.

“Personal Information” is information that identifies you as an individual or relates to an identifiable individual. It includes:

Name
Postal address (including personal, business, billing, and shipping addresses)
Telephone number
Email address (personal and business)
Job title and employer

We and our service providers collect Personal Information in a variety of ways, including:

Through the Services – We collect Personal Information through the Services, for example, when you sign up for a newsletter, request Services, register for a webinar, use Services that can be accessed only by authenticated users who have logged in, participate in a contractual arrangement for Professional Services, provide information in conjunction with our Professional Services, or when you interact with us at an event, contact our sales team, or interact with customer support.
From Other Sources – We receive your Personal Information from other sources, for example: publically available databases; joint marketing partners and event sponsors, when they share the information with us; industry organizations; entities to which we provide Professional Services, which may include your employer; social media platforms (including LinkedIn).

We need to collect Personal Information in order to provide the requested Services to you. Without this personal information, we may not be able to provide the Services. If you disclose any Personal Information relating to other people to us or to our service providers in connection with the Services, you represent that you have the authority to do so and to permit us to use the information in accordance with this Privacy Policy.

USE OF PERSONAL INFORMATION

We and our service providers use Personal Information for legitimate business purposes, including but not limited to:

To provide the Services’ functionality to you, such as creating user accounts, and providing access to the SimX platform.
To respond to your inquiries and fulfill your requests, when you contact us via one of our online contact forms, via a support request, or via other means.
To send administrative information to you, such as information regarding the Services and changes to our terms, conditions, and policies.

We will engage in these activities to manage our contractual relationship with you and/or to comply with a legal obligation.

To send you our newsletters, publications, legal updates, and mailings related to our seminars or events that we think may be of interest to you.
To fulfill your event registration requests and provide services, including the provision of webinars and other events.
To send you information about our services and other news about SimX.

We will engage in this activity with your consent or where we have a legitimate interest.

Aggregating and/or anonymizing Personal Information. We may aggregate and/or anonymize Personal Information so that it will no longer be considered Personal Information. We do so to generate other data for our use, which we may use and disclose for any purpose.
Accomplishing our business purposes.
For data analysis, for example, to improve the efficiency of our Services.
For audits, to verify that our internal processes function as intended and are compliant with legal, regulatory or contractual requirements.
For fraud and security monitoring purposes, for example, to detect and prevent cyberattacks or attempts to commit identity theft.
To meet our legal and regulatory obligations.
For enhancing, improving, or modifying our current products and services.
For identifying usage and participation trends, for example, understanding which parts of our Services are of most interest to users.
For determining the effectiveness of our promotional and advertising campaigns, so that we can adapt our campaigns to the needs and interests of our users.
For operating and expanding our business activities, for example, understanding which parts of our Services are of most interest to our users so we can focus our energies on meeting our users’ interests.

We engage in these activities to manage our contractual relationship with you, to comply with a legal obligation, and/or because we have a legitimate interest.

Providing Professional Services. We validate authorized signatories when concluding agreements, contact individuals (including employees of customers) in connection with providing Professional Services, espond to inquiries and fulfill requests from our customers, and provide professional services and manage our relationships.

We engage in these activities to manage our contractual relationship with you, to comply with a legal obligation, and/or because we have a legitimate interest.

DISCLOSURE OF PERSONAL INFORMATION

We disclose Personal Information:

To our third party service providers, to facilitate services they provide to us. These can include providers of services such as website hosting, Services-related consulting and monitoring, data analysis, information technology and related infrastructure provision, customer service, email delivery, marketing, auditing, and other services related to meeting our customers’ needs.
By using the Services, you may elect to disclose Personal Information on message boards, social media, profile pages, blogs and other services to which you are able to post information and content (including, without limitation, our Social Media). Please note that any information that you choose to post or disclose through these services will become public and may be available to other users and the general public.

We also use and disclose your Personal Information as necessary or appropriate, especially when we have a legal obligation or legitimate interest to do so:

To comply with applicable law and regulations. This can include laws outside your country of residence.
To cooperate with public and government authorities. This can include authorities outside your country of residence.
To cooperate with law enforcement.
For other legal reasons, such as to enforce our terms and conditions and to protect our rights, privacy, safety or property and/or that of our service providers, you, or others.
To enforce our terms of service and other customer or user obligations.
To protect our rights, privacy, safety or property, and/or that of our affiliates, you or others.
In connection with a sale or business transaction. We have a legitimate interest in disclosing or transferring your Personal Information to a third party in the event of any reorganization, merger, sale, joint venture, assignment, transfer or other disposition of all or any portion of our business, assets or stock (including in connection with any bankruptcy or similar proceedings) Such third parties may include, for example, an acquiring entity and its advisors.

OTHER INFORMATION

“Other Information” is any information that does not reveal your specific identity or does not directly relate to an identifiable individual. It includes:

Browser and device information (including VR headset information)
App usage data
Data relating to your use of and interactions with our virtual reality simulated patient encounters
Information collected through cookies, pixel tags, and other technologies
Demographic information and other information provided by you that does not reveal your specific identity
Information that has been aggregated in a manner such that it no longer reveals your specific identity

If we are required to treat Other Information as Personal Information under applicable law, then we may use and disclose it for the purposes for which we use and disclose Personal Information as detailed in this Policy.

We and our service providers may collect Other Information in a variety of ways, including:

Through your browser or device. Certain information is collected by most browsers or automatically through your device, such as your Media Access Control (MAC) address, VR headset type and details, computer type (Windows or Mac), screen resolution, operating system name and version, device manufacturer and model, language, Internet browser type and version and the name and version of the Services (such as the App) you are using. We use this information to ensure that the Services function properly.
Through your use of the App. When you download and use the App, we and our service providers may track and collect App usage data, such as the date and time the App on your device accesses our servers and what information and files (including virtual reality simulated patient case encounters) have been downloaded to the App based on your device number.
Using cookies. Cookies are pieces of information stored directly on the computer that you are using. Cookies allow us to collect information such as browser type, time spent on the Services, pages visited, language preferences and other traffic data. We do not currently respond to browser do-not-track signals. To learn more about how we use cookies, or to opt out of the collection and use of cookies, please see our Cookies Policy, linked at http://www.simxar.com.
Using pixel tags and other similar technologies
Pixel tags (also known as web beacons and clear GIFs) may be used to, among other things, track the actions of users of the Services (including email recipients), measure the success of our marketing campaigns, and compile statistics about usage of the Services and response rates.
Analytics. We use Google Analytics and SEMrush, which use cookies and similar technologies to collect and analyze information about use of the Services and report on activities and trends. These services may also collect information regarding the use of other websites, apps and online resources. You can learn about Google’s and YouTube’s practices by going to www.google.com/policies/privacy/partners/, and opt out of them by downloading the Google Analytics opt-out browser add-on, available at https://tools.google.com/dlpage/gaoptout. To view Google’s and YouTube’s privacy policy, please click here. You can learn about SEMrush’s practices by going to www.semrush.com/company/legal/privacy-policy/.To opt out of being tracked by cookies across all websites visit http://tools.google.com/dlpage/gaoptout.
IP Address. Your IP address is automatically assigned to your computer by your Internet Service Provider. An IP address may be identified and logged automatically in our server log files whenever a user accesses the Services, along with the time of the visit and the page(s) that were visited. Collecting IP addresses is standard practice and is done automatically by many websites, applications, and other services. We use IP addresses for purposes such as calculating usage levels, diagnosing server problems, and administering the Services. We may also derive your approximate location from your IP address.

We may use and disclose Other Information for any purpose, except where we are required to do otherwise under applicable law. In some instances, we may combine Other Information with Personal Information. If we do, we will treat the combined information as Personal Information so long as it is combined.

SECURITY

We seek to use reasonable organizational, technical, and administrative measures to protect Personal Information within our organization. Unfortunately, no data transmission or storage system can be guaranteed to be 100% secure. If you have reason to believe that your interaction with us is no longer secure, please immediately notify us in accordance with the “Contact Us” section below.

CHOICES AND ACCESS

You have choices regarding marketing-related communications. If you no longer want to receive marketing-related emails from us on a going-forward basis, you may opt-out by following the unsubscribe instructions in any such message or by contacting us by email at [email protected]. We will try to comply with your request(s) as soon as reasonably practicable. Please note that if you opt-out of receiving marketing-related emails from us, we may still send you important administrative messages, from which you cannot opt-out.

If you would like to request to review, correct, update, suppress/delete, or object to or restrict processing of Personal Information that you have previously provided to us, or if you would like to request to receive an electronic copy of your Personal Information for purposes of transmitting it to another company, please contact us at [email protected] or use the Contact Us details below. We will respond to your request consistent with applicable law. If you are a California resident, please refer to the “Additional Information Regarding California” section at the end of this Policy for more information about the requests you may make under the CCPA.

In your request, please make clear what Personal Information you would like to have changed, whether you would like to have your Personal Information suppressed from our database or otherwise let us know what limitations you would like to put on our use of your Personal Information. For your protection, we may need to verify your identity before implementing your request. We will try to comply with your request as soon as reasonably practicable.

Please note, however, that certain Personal Information may be exempt from requests pursuant to applicable data protection laws or other laws and regulations, such as for recordkeeping purposes and/or to complete any transactions that you began prior to requesting a change or deletion.

RETENTION PERIOD

We retain Personal Information for as long as needed or permitted in light of the purpose(s) for which it was obtained and consistent with applicable law. The criteria used to determine our retention periods include:

The length of time we have an ongoing relationship with you and provide the Services to you (for example, for as long as you have an account with us or keep using the Services);
Whether there is a legal obligation to which we are subject; or
Whether retention is advisable in light of our legal position (such as in regard to applicable statutes of limitations, litigation or regulatory investigations).

THIRD PARTY SERVICES

This Privacy Policy does not address, and we are not responsible for, the privacy, information or other practices of any third parties.

This includes any third party operating any website or service to which the Services link. The inclusion of a link on the Services does not imply endorsement of the linked site or service by us.

In addition, we are not responsible for the information collection, use, disclosure or security policies or practices of other organizations, such as Facebook, Apple, Google, Microsoft, or any other app developer, app provider, social media platform provider, operating system provider, wireless service provider or device manufacturer, including with respect to any Personal Information you disclose to other organizations through or in connection with the Apps or our Social Media.

SPECIAL NOTIFICATION ABOUT WEBINARS

Webinars offered as a service to users of the Services (“Webinars”) are hosted by unaffiliated third party vendors, and not by SimX.

Our third-party vendors require users to provide Personal Information. This Personal Information includes name and email address. Please note that this Personal Information is collected by our vendors and not by us. We encourage you to read the privacy statements of our vendors, which control how such vendors handle Personal Information provided by you to register for the Webinars.

Additionally, our third-party vendors provide us with Personal Information about users of our Webinars. We use this Personal Information to track attendance, to facilitate future communication with such users, and for other purposes set forth in this Privacy Policy.

USE OF SERVICES BY MINORS

The Services are not directed to individuals under the age of eighteen (18), unless incorporated as part of an educational program provided by an educational institution or other organization, in which case any personal information is governed by the privacy policy of that educational institution or other organization. We do not solicit Personal Information from individuals under 18.

CROSS-BORDER TRANSFER

Your Personal Information may be stored and processed in any country where we have facilities or in which we engage service providers. By using the Services you understand that your information will be transferred to countries outside of your country of residence, including the United States, which may have data protection rules that are different from those of your country. In certain circumstances, courts, law enforcement agencies, regulatory agencies or security authorities in those other countries may be entitled to access your Personal Information.

Some countries outside of the European Economic Area (the “EEA”) are recognized by the European Commission as providing an adequate level of data protection according to EEA standards. The UK recognizes the EEA and the specified countries as providing an adequate level of data protection according to UK standards. For transfers from the EEA or the UK to countries not considered adequate by the European Commission or the UK government (as applicable), we have put in place adequate measures, such as standard contractual clauses adopted by the relevant authority, to protect your Personal Information. You may obtain a copy of these measures here: https://commission.europa.eu/law/law-topic/data-protection/international-dimension-data-protection/standard-contractual-clauses-scc_en.

SENSITIVE INFORMATION

We ask that you not send us, and you not disclose, any sensitive Personal Information (e.g., social security numbers, information related to racial or ethnic origin, political opinions, religion or other beliefs, health, biometrics or genetic characteristics, criminal background or trade union membership) on or through the Services or otherwise to us.

UPDATES TO THIS PRIVACY POLICY

The “LAST UPDATED” legend at the top of this Privacy Policy indicates when this Privacy Policy was last revised. Any changes will become effective when we post the revised Privacy Policy on the Services.

SimX, Inc., located at 548 Market Street #87927, San Francisco, CA 94105, is the company responsible for collection, use and disclosure of your Personal Information under this Privacy Policy.

If you have any questions about this Privacy Policy, please contact us.

You can reach us at [email protected] or at:

SimX, Inc., Attn: Legal, 548 Market Street #87927, San Francisco, CA 94105

Because email communications are not always secure, please do not include any sensitive information in emails to us.

ADDITIONAL INFORMATION REGARDING THE EEA AND THE UK

You may lodge a complaint with a data protection authority for your country or region, or where an alleged infringement of applicable data protection law occurs. A list of EEA data protection authorities is available at: http://ec.europa.eu/justice/data-protection/article-29/structure/data-protection-authorities/index_en.htm. Information regarding the UK data protection authority is available at: https://ico.org.uk/.

ADDITIONAL INFORMATION REGARDING CALIFORNIA

California Consumer Privacy Act

Pursuant to the California Consumer Privacy Act of 2018, as amended by the Consumer Privacy Rights Act of 2020, (collectively, the “CCPA”), we are providing the following additional details regarding the categories of Personal Information about California residents that we collect, use, and disclose. This section supplements the information provided above in this Privacy Policy.

Categories of Personal Information Collected and Disclosed

The following details which categories of Personal Information about California residents we collect, as well as which categories of Personal Information we have collected and disclosed for our operational business purposes in the preceding 12 months. Specifically, the following categories of Personal Information have been disclosed to SERVICE PROVIDERS.

Identifiers such as name, postal address, online/device identifier, IP address, email address and social media account – disclosed to service providers.
Personal information as defined in the California customer records law, such as name, signature, contact information, and social media account handle and other information you may share or make public on social networks.
Characteristics of protected classifications under California or federal law, which we may collect in order to provide you with our Client Services, such as age.
Commercial information, such as Customer transaction history, financial details and payment information.
Internet or other electronic network activity information, such as browsing history and interactions with our Websites, applications, systems, and emails.
Geolocation data, such as device location and IP location.
Professional or employment-related information, such as employer name and role/title.

We retain each category of Personal Information, including Sensitive Personal Information, as described above under “Retention Period.”

We do not “sell” Personal Information, including Sensitive Personal Information, and we do not “share” Personal Information, including Sensitive Personal Information, for purposes of cross-context behavioral advertising, as defined under the CCPA. We have not engaged in such activities in the preceding 12 months. Without limiting the foregoing, we do not sell or “share” Personal Information, including Sensitive Personal Information, of minors under 16 years of age.

We collect, use and disclose Personal Information for the purposes described above under “Use of Personal Information.”

Purposes for the Collection, Use and Disclosure of Sensitive Personal Information

We collect, use and disclose Sensitive Personal Information for purposes of performing services for our business, providing goods or performing services as requested or reasonably expected by you, ensuring safety, security and integrity, countering wrong or unlawful actions, short term transient use, servicing accounts, providing customer service, verifying customer information, processing payments, activities relating to quality and safety control or product or process improvement, and other collection and processing that is not for the purpose of inferring characteristics about an individual. We do not use Sensitive Personal Information for additional purposes.

Individual Rights and Requests

You may, subject to applicable law, make the following requests:

You may request that we disclose to you the following information:
The categories of Personal Information we collected about you and the categories of sources from which we collected such Personal Information;
The business or commercial purpose for collecting Personal Information about you; and
The categories of Personal Information about you that we disclosed, and the categories of third parties to whom we disclosed such Personal Information (if applicable).
You may request that we correct inaccuracies in your Personal Information.
You may request that we delete Personal Information we collected from you.
You may request to receive the specific pieces of your Personal Information, including a copy in a portable format.

To make a request, please email [email protected], or feel free to contact us in accordance with the Contact Us section above or by calling us at 1-650-336-5754.

We will verify and respond to your request consistent with applicable law, taking into account the type and sensitivity of the Personal Information subject to the request. For your protection, we may need to request information such as your name, email address, mailing address, and relationship with us in order to verify your identity and protect against fraudulent requests. If you make a deletion request, we may ask you to verify your request before we delete your Personal Information.

You have the right to be free from unlawful discrimination for exercising your rights under the CCPA.

Authorized Agents

If an agent would like to make a request on your behalf as permitted by applicable law, the agent may use the submission methods noted in the section entitled “Individual Rights and Requests.” As part of our verification process, we may request that the agent provide, as applicable, proof concerning their status as an authorized agent. In addition, we may require that you verify your identity as described in the section entitled “Individual Rights or Requests” or confirm that you provided the agent permission to submit the request.

De-Identified Information

Where we maintain or use de-identified information, we will continue to maintain and use that information only in a de-identified form and will not attempt to re-identify the information.

California “Shine the Light” Disclosures

As noted above in Disclosure of Personal Information, we may disclose Personal Information to affiliates of SimX, Inc., which may use this information for all purposes outlined in this Privacy Policy. Because separate legal entities are considered “third parties” for purposes of California Civil Code Section 1798.83, and certain communications from our affiliates might be viewed as promoting their legal services. If you would like to learn more about this, please email us at [email protected]

We will provide a list of the categories of Personal Information disclosed to third parties (i.e., our affiliates) for their direct marketing purposes during the immediately preceding calendar year, along with the names and addresses of these third parties. This request may be made no more than once per calendar year. We will respond to your request in accordance with applicable law.

Additional Notices for Certain Jurisdictions

Additional information for Australian residents

With regard to personal information of Australian residents only, please call or email us at [email protected] if you have any questions about this Privacy Statement, our management of your information or if you would like a copy of this Statement sent to you. Additionally, you can submit your request by using one of the methods described in the “Contact Us” section.

Additional information for California residents only:

With regard to personal information of California residents, in addition to the information already provided in the sections above, the following additional section of this Privacy Statement also applies to you.

This section of the Privacy Statement does not address or apply to:

Our handling of personal information which is exempt under section 1798.145 of the California Consumer Privacy Act 2018; or
Personal information we collect about employees, contractors or job applicants or other individuals who are not California residents; or
Personal information we collect about persons acting in their capacity as representatives (B2B contacts) of our customers, prospective customers, suppliers and other businesses we conduct business with to the extent that we use this personal information only in the context of conducting our business relationship with their respective business.

Under the California Consumer Privacy Act (“CCPA”) you have the right to:

request that we disclose the categories of your personal information that we have collected, used, disclosed and sold (if applicable) in the 12 months prior to your request as well as the categories of sources of such personal information within the last 12 months prior to your request;
request that we delete your personal information and we will respond to verifiable requests to do so;
non-discriminatory treatment for the exercise of any of your data protection rights;
access your personal information in a portable and to the extent, technically feasible, readily usable format that allows you to transmit this information to others without hindrance;
opt-out of the sale of your personal information.

Please note that we do not sell Personal Information collected about you as defined by the California Consumer Privacy Act. However, we will provide the “Do Not Sell” link that will allow you to instantly submit an opt-out request in all instances where we may sell your personal information. We may share or disclose Personal Information to third parties, service providers and business partners or allow them to collect Personal Information from our Websites and Services. This might occur only in in case that third parties, service providers and business partners have entered into a contractual relationship with us that ensures high level of Personal Information protection and facilitates compliance with applicable laws and regulations.

California residents may submit a request to disclose or a request to delete by contacting us in the method described in the “Contact Us” section. Additionally, individuals located in California can contact to exercise their rights under the CCPA by calling us at: 1-650-336-5754. Please note that we may need to verify your identity and place of residence before complying with your request.

Additional information for Canadian residents

You can contact us via the methods in the “Contact Us” section above, you can also call us at 1-650-336-5754.

Additional information for Chinese residents

If you are located in Mainland China, please note that we may transfer your personal information to countries other than Mainland China. By using our Websites and Services you will be deemed as having consented to transferring of your personal information to recipients in countries other than Mainland China, and in accordance with this privacy statement. We will ensure compliance with applicable laws and regulations whenever we are transferring your personal information.