This Supplemental Consumer Health Data Privacy Notice (“Consumer Health Data Privacy Notice”) supplements the Privacy Policy.
This Consumer Health Data Privacy Notice only applies to personal information that we process that is “consumer health data” subject to the Washington My Health My Data Act (“MHMDA”) or Nevada Senate Bill 370 (“NV SB 370”) (as applicable).
Terms used in this Consumer Health Data Privacy Notice that are defined in MHMDA or NV SB 370 will have the meaning set forth in those laws to the extent such laws are applicable.
I. Consumer Health Data We Collect
Under the MHMDA, “consumer health data” is defined as “personal information that is linked or reasonably linkable to a consumer and that identifies the consumer's past, present, or future physical or mental health status.”
Under NV SB 370, “consumer health data” is defined as “personally identifiable information that is linked or reasonably capable of being linked to a consumer and that a regulated entity uses to identify the past, present or future health status of the consumer.”
Because consumer health data is defined very broadly, many of the categories of personal information that we collect under our Privacy Policy may also be considered consumer health data.
Examples of consumer health data that you may provide to us, or that we may otherwise collect, may include:
- Information that could identify your attempt to seek information, including services that allow you to assess, measure, improve, or learn about your or another person’s health. For example, we may collect your search queries, which may include information concerning your health and wellbeing, or other health-related topics.
- Information related to the precise (geo)location information of a consumer used to indicate an attempt by a consumer to receive health care services or products.
II. Sources of Consumer Health Data
We collect consumer health data that you provide to us, consumer health data we collect automatically when you use the Services, and consumer health data from third-party sources, as described in our privacy policy (LINK) and below.
III. Why We Collect and Use Consumer Health Data
We collect and use consumer health data for the purposes and in the manner described in the Supplemental Privacy Policy .
Primarily, we collect and use consumer health data as reasonably necessary to provide you with the products or Services you have requested or authorized. This may include delivering and operating the products or Services and their features, personalization of certain product or Services features, ensuring the secure and reliable operation of the products or Services and the systems that support them, troubleshooting and improving the products and Services, and other essential business operations that support the provision of the products and Services (such as analyzing our performance and meeting our legal obligations).
We may also use consumer health data for other purposes for which we give you choices and/or obtain your consent as required by law.
IV. Sharing of Consumer Health Data
We may share each of the categories of consumer health data described above for the purposes described above and in the the Supplemental Privacy Policy.
In particular, we may share 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, as described above.
V. Third Parties With Which We Share Consumer Health Data
We may share consumer health data with the categories of third parties listed in the Privacy Policy.
VI. How to Exercise Your Rights
MHMDA and NV SB 370 provide consumers with certain rights with respect to consumer health data.
Under MHMDA, consumers have the right to: (i) confirm whether TENA is collecting, sharing, or selling consumer health data and to access such data; (ii) withdraw consent from TENA collection and sharing of consumer health data; and (iii) request that TENA delete consumer health data. Under NV SB 370, consumers have the right to: (i) confirm whether TENA is collecting, sharing or selling consumer health data; (ii) have TENA provide the consumer with a list of all third parties with whom TENA has shared consumer health data relating to the consumer or to whom TENA has sold such consumer health data; (iii) request that TENA cease collecting, sharing, or selling consumer health data relating to the consumer; and (iv) request that TENA delete consumer health data.
The rights afforded to consumers under MHMDA and NV SB 370 are subject to certain exceptions.
You can request to exercise such rights by following the instructions found under the “Your Rights” section of the Privacy Policy.
If your request to exercise a right under MHMDA or NV SB 370 is denied, you may appeal that decision by contacting us at: dataprivacy@essity.com.
If your appeal is unsuccessful and your consumer health data is subject to MHMDA, you can raise a concern or lodge a complaint with the Washington State Attorney General at www.atg.wa.gov/file-complaint.
VII. DISCLOSURE REGARDING THIRD PARTY COLLECTION OF CONSUMER HEALTH DATA UNDER NV SB 370
This section only applies to our processing of consumer health data that is subject to NV SB 370.
We do not allow third parties to collect consumer health data over time and across different Internet websites or online services when the consumer uses any Internet website or online service of TENA.
Nonetheless, please note that third parties may still be able to collect information that may be considered “consumer health data” under NV SB 370 from you over time and across different websites depending on your browser, browser add-ons, and associated permissions you set on your device. This collection of consumer health data by those third parties is unrelated to TENA collection of consumer health data from you, and we encourage you to view those third parties’ privacy notices for more information about their processing of consumer health data and the methods they provide to allow you to opt out of such processing.
VIII. UPDATES TO THIS CONSUMER HEALTH DATA PRIVACY NOTICE
We may update this Consumer Health Data Privacy Notice from time to time in our sole discretion. If we do, we’ll let you know by posting the updated Consumer Health Data Privacy Notice on our website, and/or we may also send other communications.