Mobile App Privacy Policy

Last modified: November 16, 2023 
 
electroCore, Inc. (doing business as Truvaga) (“Truvaga,” “Company,” “We,” or “Our”) respects your privacy and is committed to protecting it through our compliance with this policy. 
 
This policy describes the types of information we may collect or that you may provide when you download, install, register with, access, or use the Truvaga app (the “App”). This policy also describes our practices for collecting, using, maintaining, protecting, and disclosing that information.
 
This policy applies only to information we collect in this App and in email, and other electronic communications sent through or in connection with this App. 
 
This policy DOES NOT apply to information that:
 
  • We collect offline or on any other Company apps or websites, including websites you may access through this App. 
  • You provide to or is collected by any third party (see Third-Party Information Collection).
Our websites and apps, and these other third parties may have their own privacy policies, which we encourage you to read before providing information on or through them.
 
Please read this policy carefully to understand our policies and practices regarding your information and how we will treat it. If you do not agree with our policies and practices, do not download, register with, or use this App. By downloading, registering with, or using this App, you agree to this privacy policy. This policy may change from time to time (see Changes to Our Privacy Policy). Your continued use of this App after we revise this policy means you accept those changes, so please check the policy periodically for updates. 
 
This App is not offered or available to users who reside in the European Union (“EU”) or United Kingdom (“UK”).  If you reside in the EU or UK: (i) do not download, install, register with, access, or use the App; (ii) do not provide any personal information to us on or through this App; and (iii) if you reside in the EU or UK and believe that you have provided us with personal information please contact us at support@truvaga.com and we will delete any such information.

Children Under the Age of 18

The App is not intended for children under 18 years of age, and we do not knowingly collect personal information from children under 18. If we learn we have collected or received personal information from a child under 18 without verification of parental consent, we will delete that information. If you believe we might have any information from or about a child under 18, please contact us at support@truvaga.com.

California residents under 16 years of age may have additional rights regarding the collection and sale of their personal information. Please see Your State Privacy Rights for more information.

SUMMARY OF KEY POINTS

This summary provides key points from our privacy notice, but you can find out more details about any of these topics by clicking the link following each key point or by using our table of contents below to find the section you are looking for. You can also click here to go directly to our table of contents.

What personal information do we process?

When you download, install, register with, access, or use the App, we may process personal information depending on how you interact with Truvaga and the App, the choices you make, and the products and features you use. Click here to learn more.

Do we receive any information from third parties?

We may receive information from third parties such as Google Analytics and other cookie providers, and our affiliates and subsidiaries. For more information regarding information we receive from third parties, please click here.

How do we process your information?

We process your information to provide, improve, and administer our App, to provide services to you, to fulfill any contractual obligations, communicate with you, for security and fraud prevention, and to comply with law. We may also process your information for other purposes with your consent. We process your information only when we have a valid legal reason to do so. Click here to learn more.

In what situations and with which types of parties do we share personal information?

We may share information in specific situations and with specific categories of third parties. Click here to learn more.

What are your rights?

Depending on where you are located geographically, the applicable privacy law may mean you have certain rights regarding your personal information. Click here to learn more.

How do you exercise your rights?

The easiest way to exercise your rights is by contacting us at support@truvaga.com. We will consider and act upon any request in accordance with this policy and any applicable law.

Want to learn more about what Truvaga does with any information we collect? Click here to review the notice in full.

TABLE OF CONTENTS

  1. WHAT INFORMATION DO WE COLLECT?
  2. HOW DO WE USE YOUR INFORMATION?
  3. WHEN AND WITH WHOM DO WE SHARE YOUR PERSONAL INFORMATION?
  4. DO WE USE COOKIES AND OTHER TRACKING TECHNOLOGIES?
  5. HOW LONG DO WE KEEP YOUR INFORMATION?
  6. HOW DO WE KEEP YOUR INFORMATION SAFE?
  7. DO WE COLLECT INFORMATION FROM MINORS?
  8. WHAT ARE YOUR PRIVACY RIGHTS?
  9. CONTROLS FOR DO-NOT-TRACK FEATURES
  10. DO CALIFORNIA RESIDENTS HAVE SPECIFIC PRIVACY RIGHTS?
  11. DO WE MAKE UPDATES TO THIS NOTICE?
  12. HOW CAN YOU CONTACT US ABOUT THIS NOTICE?
  13. HOW CAN YOU REVIEW, UPDATE, OR DELETE THE DATA WE COLLECT FROM YOU?

1. WHAT INFORMATION DO WE COLLECT

We collect information from and about users of our App:
 
  • Directly from you when you provide it to us.
  • Automatically when you use the App. 
Personal information you disclose to us
 
When you download, register with, or use this App, we may ask you provide information by which you may be personally identified, such as: 
  • name
  • email address
  • telephone number
  • birth date
  • gender
  • any other identifier by which you may be contacted online or offline (“personal information”).
We may also collect information such as: 
 
  • Information that you provide by filling in forms in the App. This includes information provided at the time of registering to use the App and requesting further services. We may also ask you for information through surveys, and when you report a problem with the App.
  • Records and copies of your correspondence (including email addresses and phone numbers), if you contact us.
  • Your responses to surveys that we might ask you to complete for research purposes.
  • Information provided by QR code or serial number located at the bottom of the product and the type of product you use. 
  • Your usage of the App and the paired Truvaga device. 
  • Types of sessions, frequency of sessions, scheduling of sessions, total number of sessions, session history, reported feelings after usage of device, reasons for use of device, and any other information relating to your usage of the Truvaga device and App. 
  • Username and password. 
  • Your search queries on the App.
  • Any other information you provide to the App or by using the paired Truvaga device. 
Information Collected through Automatic Data Collection Technology
 
When you download, access, and use the App, it may use technology to automatically collect:
  • Log and Usage Details. When you access and use the App, we may automatically collect certain details of your access to and use of the App, including traffic data, location data, logs, and other communication data and the resources that you access and use on or through the App. 
  • Device Information. We may collect information about your mobile device and internet connection, including the device’s unique device identifier, IP address, operating system, browser type, hardware model, mobile network information, and the device’s telephone number.
  • Stored Information and Files. The App also may access metadata and other information associated with other files stored on your device. This may include, for example, photographs, audio and video clips, personal contacts, and address book information.
If you do not want us to collect this information do not download the App or delete it from your device. You may also opt out at any time by emailing support@truvaga.com. Note, however, that opting out of the App’s collection of location information will disable its location-based features.
 
We also may use these technologies to collect information about your activities over time and across third-party websites, apps, or other online services (behavioral tracking). 
 
Information Collection and Tracking Technologies 
 
The technologies we use for automatic information collection may include:
 
  • Cookies (or mobile cookies). A cookie is a small file placed on your smartphone. It may be possible to refuse to accept mobile cookies by activating the appropriate setting on your smartphone. However, if you select this setting you may be unable to access certain parts of our App. 
  • Web Beacons. Pages of the App and our emails may contain small electronic files known as web beacons (also referred to as clear gifs, pixel tags, and single-pixel gifs) that permit the Company, for example, to count users who have visited those pages or opened an email and for other related app statistics (for example, recording the popularity of certain app content and verifying system and server integrity).
Third-Party Use of Cookies and Other Tracking Technologies 
 
When you use the App or its content, certain third parties may use automatic information collection technologies to collect information about you or your device. These third parties may include: 
 
  • Analytics companies.
  • Your mobile device manufacturer.
  • Your mobile service provider.
These third parties may use tracking technologies to collect information about you when you use this app. The information they collect may be associated with your personal information or they may collect information, including personal information, about your online activities over time and across different websites, apps, and other online services websites. They may use this information to provide you with interest-based (behavioral) advertising or other targeted content. 
 
We do not control these third parties’ tracking technologies or how they may be used. If you have any questions about an advertisement or other targeted content, you should contact the responsible provider directly.

2. HOW DO WE USE YOUR INFORMATION

We use your information that we collect about you or that you provide to us, including any personal information, to:
 
  • Provide you with the App and its contents, and any other information, products, or services that you request from us.
  • Fulfill any other purpose for which you provide it.
  • Carry out our obligations and enforce our rights arising from any contracts entered into between you and us, including for billing and collection.
  • Notify you when App updates are available, and of changes to any products or services we offer or provide though it.
  • To respond to user inquiries/offer support. We may process your information to respond to your inquiries and solve any potential issues you might have with the requested service.
  • To request feedback.  We may process your information when necessary to request feedback and contact you about your use of the App. 
  • To send you marketing and promotional communications. We may process the personal information you send to us for our marketing purposes, if this is in accordance with your marketing preferences. You can opt out of our marketing emails at any time. For more information, see “WHAT ARE YOUR PRIVACY RIGHTS?” below.
  • To deliver targeted advertising to you. We may process your information to develop and display personalized content and advertising tailored to your interests, location, and more.
  • To protect our App. We may process your information as part of our efforts to keep our App safe and secure, including fraud monitoring and prevention.
  • To evaluate and improve our App, products, marketing, and your experience. We may process your information when we believe it is necessary to identify usage trends, determine the effectiveness of our promotional campaigns, and to evaluate and improve our App, products, marketing, and your experience.
  • To identify usage trends. We may process information about how you use our App to better understand how the App is being used so we can improve it.
  • To determine the effectiveness of our marketing and promotional campaigns. We may process your information to better understand how to provide marketing and promotional campaigns that are most relevant to you.
  • To comply with our legal obligations. We may process your information to comply with our legal obligations, respond to legal requests, and exercise, establish, or defend our legal rights.
  • For analysis and research purposes.  We may process your usage and reported information to improve our product and develop a greater understanding of usage trends and effectiveness. 
  • In any other way you describe when you provide the information. 
  • For any other purpose with your consent. 
We may also use your information to contact you about goods and services that may be of interest to you. If you do not want us to use your information in this way, please email support@truvaga.com. For more information, see Choices About How We Use and Disclose Your Information.
 
The usage information we collect helps us to improve our App and to deliver a better and more personalized experience by enabling us to:
 
  • Estimate our audience size and usage patterns.
  • Store information about your preferences, allowing us to customize our App according to your individual interests.
  • Speed up your searches.
  • Recognize you when you use the App.
We may use the information we collect to display advertisements to our advertisers’ target audiences. Even though we do not disclose your personal information for these purposes without your consent, if you click on or otherwise interact with an advertisement, the advertiser may assume that you meet its target criteria.

3. WHEN AND WITH WHOM DO WE SHARE YOUR PERSONAL INFORMATION

We may disclose aggregated information about our users, and information that does not identify any individual or device, without restriction. 
 
In addition, we may disclose personal information that we collect or you provide:
 
  • To our subsidiaries and affiliates.
  • To contractors, vendors, service providers, and other third parties we use to support our business. We have contracts in place with these third-parties, which are designed to help safeguard your personal information. These third-parties are bound by contractual obligations to keep personal information confidential and use it only for the purposes for which we disclose it to them. The categories of third-parties we my share your personal information with are as follows:  
      • Ad Networks
      • Sales & Marketing Tools
      • Finance & Accounting Tools
      • Data Analytics Services
      • Communication & Collaboration Tools
      • Social Networks
      • Payment Processors
      • Retargeting Platforms
  • To a buyer or other successor in the event of a merger, divestiture, restructuring, reorganization, dissolution, or other sale or transfer of some or all of electroCore’s assets, whether as a going concern or as part of bankruptcy, liquidation, or similar proceeding, in which personal information held by electroCore about our App users is among the assets transferred.
  • Business Partners.  We may share your information with our business partners to offer you certain products, services, or promotions.
  • To fulfill the purpose for which you provide it. For example, if you give us an email address to use the “email a friend” feature of our App, we will transmit the contents of that email and your email address to the recipients.
  • For any other purpose disclosed by us when you provide the information.
  • With your consent.
    We may also disclose your personal information: 
  • To comply with any court order, law, or legal process, including to respond to any government or regulatory request.
  • To enforce our rights arising from any contracts entered into between you and us, including the App’s Terms of Use, and for billing and collection.
  • If we believe disclosure is necessary or appropriate to protect the rights, property, or safety of Truvaga, our customers, or others. This includes exchanging information with other companies and organizations for the purposes of fraud protection and credit risk reduction.

4. HOW LONG DO WE KEEP YOUR INFORMATION

We will only keep your personal information for as long as it is necessary for the purposes set out in this privacy notice, unless a longer retention period is required or permitted by law (such as tax, accounting, or other legal requirements).

When we have no ongoing legitimate business need to process your personal information, we will either delete or anonymize such information or, if this is not possible (for example, because your personal information has been stored in backup archives), then we will securely store your personal information and isolate it from any further processing until deletion is possible.

5. HOW DO WE KEEP YOUR INFORMATION SAFE?

We have implemented measures designed to secure your personal information from accidental loss and from unauthorized access, use, alteration, and disclosure.

The safety and security of your information also depends on you. Where we have given you (or where you have chosen) a password for access to certain parts of our App, you are responsible for keeping this password confidential. We ask you not to share your password with anyone.

Unfortunately, the transmission of information via the internet and mobile platforms is not completely secure. Although we do our best to protect your personal information, we cannot guarantee the security of your personal information transmitted through our App. Any transmission of personal information is at your own risk. We are not responsible for circumvention of any privacy settings or security measures we provide.

6. DO WE COLLECT INFORMATION FROM MINORS?

We do not knowingly solicit data from or market to children under 18 years of age. By using the App, you represent that you are at least 18. If we learn that personal information from users less than 18 years of age has been collected, we will deactivate the account and take reasonable measures to promptly delete such data from our records. If you become aware of any data we may have collected from children under age 18, please contact us at support@truvaga.com.

7. CHOICES ABOUT HOW WE DISCLOSE YOUR INFORMATION

We strive to provide you with choices regarding the personal information you provide to us. This section describes mechanisms we provide for you to control certain uses and disclosures of over your information. 
 
  • Tracking Technologies. You can set your browser to refuse all or some browser cookies, or to alert you when cookies are being sent. If you disable or refuse cookies or block the use of other tracking technologies, some parts of the App may then be inaccessible or not function properly.
  • Marketing and Promotion by the Company. You can unsubscribe from our marketing and promotional communications at any time by clicking on the unsubscribe link in the emails that we send, replying “STOP” or “UNSUBSCRIBE” to the SMS messages that we send, or by contacting us using the details provided in the section “HOW CAN YOU CONTACT US ABOUT THIS NOTICE?” below. You will then be removed from the marketing lists. However, we may still communicate with you — for example, to send you service-related messages that are necessary for the administration and use of your account, to respond to service requests, or for other non-marketing purposes.
  • Disclosure of Your Information for Third-Party Advertising and Marketing. If you do not want us to share your personal information with unaffiliated or non-agent third parties for advertising and marketing purposes, you can opt-out by emailing support@truvaga.com. 
  • Withdrawing your consent. If we are relying on your consent to process your personal information, which may be express and/or implied consent depending on the applicable law, you have the right to withdraw your consent at any time. You can withdraw your consent at any time by contacting us by using the contact details provided in the section “HOW CAN YOU CONTACT US ABOUT THIS NOTICE?” below.  However, please note that this will not affect the lawfulness of the processing before its withdrawal nor, when applicable law allows, will it affect the processing of your personal information conducted in reliance on lawful processing grounds other than consent.
We do not control third parties’ collection or use of your information to serve interest-based advertising. However these third parties may provide you with ways to choose not to have your information collected or used in this way. You can opt out of receiving targeted ads from members of the Network Advertising Initiative (“NAI”) on the NAI’s website.
 

Accessing and Correcting Your Personal Information

You can review and change your personal information by logging into the App and visiting your account profile page.

You may also send us an email at support@truvaga.com to request access to, correct, or delete any personal information that you have provided to us. We cannot delete your personal information except by also deleting your user account. We may not accommodate a request to change information if we believe the change would violate any law or legal requirement or cause the information to be incorrect.

9. YOUR STATE PRIVACY RIGHTS

State consumer privacy laws may provide their residents with additional rights regarding our use of their personal information. To learn more about California residents’ privacy rights, please see California Resident Privacy Rights below.  California’s “Shine the Light” law (Civil Code Section § 1798.83) permits users of our App that are California residents to request certain information regarding our disclosure of personal information to third parties for their direct marketing purposes. To make such a request, please send an email to support@truvaga.com.
 
Individuals accessing this App have the right not to receive discriminatory treatment by us for the exercise of their rights conferred under state privacy laws.
 
Colorado, Connecticut, Virginia, and Utah each provide their state residents with rights to: 
 
  • Confirm whether we process their personal information.
  • Access, delete, or correct certain personal information.
  • Data portability.
  • Opt-out of personal data processing for targeted advertising and sales.
Colorado, Connecticut, and Virginia also provide their state residents with rights to:
 
  • Correct inaccuracies in their personal information, taking into account the information’s nature processing purpose.
  • Opt-out of profiling in furtherance of decisions that produce legal or similarly significant effects.
  • Right to appeal when Truvaga determines it will not act on a request made by a consumer. 
 
To exercise any of these rights, please email support@truvaga.com, or by referring to the contact details at the bottom of this document. If you have a complaint about how we handle your data, we would like to hear from you.
 
Nevada provides its residents with a limited right to opt-out of certain personal information sales. Residents who wish to exercise this sale opt-out rights may submit a request to this designated address: support@truvaga.com. 

10. CHANGES TO OUR PRIVACY POLICY

We may update our privacy policy from time to time. If we make material changes to how we treat our users’ personal information, we will post the new privacy policy on this page with a notice that the privacy policy has been updated.

The date the privacy policy was last revised is identified at the top of the page. You are responsible for ensuring we have an up-to-date active and deliverable email address for you and for periodically visiting this privacy policy to check for any changes.

11. HOW CAN YOU CONTACT US ABOUT THIS NOTICE?

If you have questions or comments about this notice, you may email us at support@truvaga.com or by post to:

electroCore, Inc. d/b/a Truvaga
200 Forge Way
Suite 205
Rockaway, NJ 07866 United States

12. HOW CAN YOU REVIEW, UPDATE, OR DELETE THE DATA WE COLLECT FROM YOU?

Based on the applicable laws of your state, you may have the right to request access to the personal information we collect from you, change that information, or delete it. To request to review, update, or delete your personal information, please submit a request form by emailing support@truvaga.com

California Residents Privacy Rights

California Civil Code Section 1798.83, also known as the “Shine The Light” law, permits our users who are California residents to request and obtain from us, once a year and free of charge, information about categories of personal information (if any) we disclosed to third parties for direct marketing purposes and the names and addresses of all third parties with which we shared personal information in the immediately preceding calendar year. If you are a California resident and would like to make such a request, please submit your request in writing to us using the contact information above. If you are under 18 years of age, reside in California, and have a registered account with the App, you have the right to request removal of unwanted data that you publicly post on the App. To request removal of such data, please contact us using the contact information provided below and include the email address associated with your account and a statement that you reside in California. We will make sure the data is not publicly displayed on the App, but please be aware that the data may not be completely or comprehensively removed from all our systems (e.g., backups, etc.).

CCPA Privacy Notice

The California Code of Regulations defines a “resident” as:

  1. every individual who is in the State of California for other than a temporary or transitory purpose; and
  2. every individual who is domiciled in the State of California who is outside the State of California for a temporary or transitory purpose.

All other individuals are defined as “non-residents.” If this definition of “resident” applies to you, we must adhere to certain rights and obligations regarding your personal information.

What categories of personal information do we collect?

Please review the following chart relating to the categories of personal information we have collected in the past twelve (12) months:

Please note, the App was published on Feburary 1, 2024, therefore, there has not been one year of service relating to the collection of information set forth in the above chart.  
 
 We may also collect other personal information outside of these categories through instances where you interact with us in person, online, or by phone or mail in the context of:
 
  • Receiving help through our customer support channels;
  • Participation in customer surveys or contests; and
  • Facilitation in the delivery of our App and to respond to your inquiries.
How do we use your personal information?
 
Truvaga collects your personal information through:
 
  • Targeting cookies/Marketing cookies
  • Social media cookies
  • Web beacons 
  • Geo-location cookies

More information about our data collection and sharing practices can be found in this privacy notice.

You may contact us by email at support@truvaga.com, or by referring to the contact details at the bottom of this document.

If you are using an authorized agent to exercise your right to opt-out, we may deny a request if the authorized agent does not submit proof that they have been validly authorized to act on your behalf

Will your information be shared with anyone else?
 
 We may disclose your personal information with our service providers pursuant to a written contract between us and each service provider. Each service provider is a for-profit entity that processes the information on our behalf.
 
We may use your personal information for our own business purposes, such as for undertaking internal research for technological development and demonstration. This is not considered to be the “selling” of your personal information.
 
Truvaga has not sold any personal information to third parties for a business or commercial purpose in the preceding twelve (12) months. Truvaga has disclosed the following categories of personal information to third parties for a business or commercial purpose in the preceding twelve (12) months:
 
  • The categories of third parties to whom we disclosed personal information for a business or commercial purpose can be found under “WHEN AND WITH WHOM DO WE SHARE YOUR PERSONAL INFORMATION?”.
Your rights with respect to your personal data
 
Right to request deletion of the data — Request to delete
 
You can ask for the deletion of your personal information. If you ask us to delete your personal information, we will respect your request and delete your personal information, subject to certain exceptions provided by law, such as (but not limited to) the exercise by another consumer of his or her right to free speech, our compliance requirements resulting from a legal obligation, or any processing that may be required to protect against illegal activities.
 
Right to be informed — Request to know
 
Depending on the circumstances, you have a right to know:
whether we collect and use your personal information;
 
  • the categories of personal information that we collect;
  • the purposes for which the collected personal information is used;
  • whether we sell your personal information to third parties;
  • the categories of personal information that we sold or disclosed for a business purpose;
  • the categories of third parties to whom the personal information was sold or disclosed for a business purpose; and
  • the business or commercial purpose for collecting or selling personal information.
In accordance with applicable law, we are not obligated to provide or delete consumer information that is de-identified in response to a consumer request or to re-identify individual data to verify a consumer request.
 

Right to Non-Discrimination for the Exercise of a Consumer’s Privacy Rights

We will not discriminate against you if you exercise your privacy rights.

Verification process

Upon receiving your request, we will need to verify your identity to determine you are the same person with whom we have the information in our system. These verification efforts require us to ask you to provide information so that we can match it with the information you have previously provided us. For instance, depending on the type of request you submit, we may ask you to provide certain information so that we can match the information you provide with the information we already have on file, or we may contact you through a communication method (e.g., phone or email) that you have previously provided to us. We may also use other verification methods as the circumstances dictate.

We will only use personal information provided in your request to verify your identity or authority to make the request. To the extent possible, we will avoid requesting additional information from you for the purposes of verification. However, if we cannot verify your identity from the information already maintained by us, we may request that you provide additional information for the purposes of verifying your identity and for security or fraud-prevention purposes. We will delete such additionally provided information as soon as we finish verifying you.

To exercise these rights, you can contact us by email at support@truvaga.com, or by referring to the contact details at the bottom of this document. If you have a complaint about how we handle your data, we would like to hear from you.