Privacy Policy / Terms of use

Effective Date 10/01/2022

The SOMA App (“App”) was developed by the Petzschner Lab in collaboration with the Center for Computation and Visualization at Brown and supported by the Brainstorm Program at the Carney Institute for Brain Science at Brown University (“Brown,” “us,” or “we”). 

 

By creating an account or accessing or using the App, you, the user, agree to this Privacy Policy/Terms of Use. Brown reserves the right to modify the Privacy Policy/Terms of Use at any time without advance notice. Any changes to the Privacy Policy/Terms of Use will be effective immediately. By creating an account or accessing or using the App after any changes have been made, you signify your agreement to the modified Privacy Policy/Terms of Use and all of the changes.  You are responsible for ensuring your familiarity with and adherence to the most current version of the Privacy Policy/Terms of Use.

 

If you do not agree with the Privacy Policy/Terms of Use, do not use the App. 

Privacy Policy

We respect your privacy. Brown University’s Privacy Policy, as it may be changed or updated from time-to-time, applies to this App and related uses.  Except where required by applicable law, any personally identifiable information you provide, including your name and email address, will not be sold or rented to any entities or individuals outside of Brown. We will use your contact information only for educational and research activities and to send you information about other related resources, research studies, and opportunities.

The App may contain links to other websites. These websites may have privacy policies different than this Privacy Policy. The App may also contain certain social media icons or widgets. You may have to create an individual account or register to use these third-party social media sites to use interactive features. Any use of or interaction on other websites, including social media websites, is governed by the terms of use and privacy policy of the particular platform.

What Information Is Collected?

We collect, retain, and use information you voluntarily provide through your use of the App. For example, the information we may collect and retain includes, but is not limited to, the following categories of information:

  • Your contact information, such as your first and last name, home and mobile phone number, e-mail address, home and employer address, unique device identifier of your devices that connect to or access the App, and other demographic information;
  • Your email address and password in order to create an account;
  • Your responses to any surveys or assessments, including micro-credentials, embedded within the site;
  • Information you may choose to provide about your health and well-being, such as mood and emotions, details about any pain (e.g., location, intensity, interference, unpleasantness, duration, causes, treatments, and medications), activities, and daily plans (“Health and Well-Being Information”); 
  • Information regarding your browser and other technical specifications required to use the App;
  • Computer data or files, often called “cookies,” including web beacons, pixels, gifs, widgets, tags or similar technologies, which may be sent by your web browser and stored on an individual computer to allow our server to “recognize” you through the navigation of the site and to perform certain functions, such as saving your passwords and your personal preferences regarding the use of the site, evaluating the popularity of those links or the information contained in emails or on third-party sites; and
  • Other information regarding your use of the App such as, usage statistics, time stamps, IP address, browsing history, saved and downloaded resources, general geographic location, successful and unsuccessful login attempts, types of device you use to connect to the App, type of computer operating system you use (e.g., Microsoft Windows, Google Chrome OS, Mac OS, Android or iOS), the type of browser you use (e.g., Firefox, Chrome, Internet Explorer, Safari), and the domain name of your internet service provider. 

Research Use

Brown (and others conducting academic research) may use the information or content you provide to or through the App as described in the Privacy Policy/Terms of Use to conduct research intended to contribute to overall knowledge in the field of Neuroscience and Pain Research; to operate and improve the App; to create, administer, provide, and teach courses or other educational offerings; to develop and maintain the security and performance of the App; to communicate with you; to support scientific research including, for example, in the areas of cognitive science and education; and to exercise, enforce, and comply with legal rights and obligations. By using the App, you consent to Brown’s use of the information in these and related ways.

 

You may be asked if you are willing to voluntarily respond to survey questions, be interviewed for research, or participate in other research activities. Individual participants will not be identified, and reasonable efforts will be made to avoid including information that could be connected to any individual in all research reports or research-related materials. External researchers may request data for use in other research studies. Upon appropriate Institutional Review Board (“IRB”) approvals, Brown may share deidentified data. Users’ names and email addresses may also be shared with external researchers for the purposes of invitation to participate in research. Such information will only be shared if appropriate procedures are in place to ensure confidentiality of participants and approval from an IRB.

By using this App, you provide your consent for us to share information that is not Health and Well-Being Information with AppsFlyer for marketing and promotional purposes. AppsFlyer is a mobile marketing platform that handles your information in accordance with our instructions. By using AppsFlyer and its integrated partners for marketing and promotional purposes we are able to reach you and people like you on various platforms and spread the word about SOMA. If we need to share your information with other platforms for this specific purpose, we will provide notice to you.

Access, Control and Correction of Your Information

Brown respects your right to access, correct, request deletion, and request restriction of Brown’s usage of your personal information.  Depending upon your location or residency, you may have the right:

  1. To request access to or transfer of your information; 
  2. To ask about the methods in which your information is maintained and processed;
  3. To request information about the organizations with whom your information may be disclosed;
  4. To ask Brown to delete or restrict how it uses your information, but this right is determined by applicable law and may impact your access to and participation in App-related activities and services;
  5. If you believe your information is incorrect or incomplete, to request corrections or updates to any inaccuracies, and to have those corrections made if Brown deems the information is incorrect, incomplete, or inaccurate;
  6. To object to the collection, processing, retention or use of your information; and
  7. To lodge a complaint with the appropriate authorities, including United States and European Union Governmental Bodies.

Any requests to access or delete personal data from third parties must come from the individual whose data is involved.  You may exercise these rights by contacting Brown at support@somatheapp.com.  Please note that Brown may have legal obligations that require it to retain certain information for a specific period of time, which may prevent Brown from honoring your request.  In such cases, your records will be deleted when those records are eligible for destruction under the applicable legal scheme. 

Terms of Use

Appropriate Use

The purpose of the App is to permit users to monitor symptoms associated with acute or chronic pain and foster our understanding of the dynamics of acute and chronic pain (“Purpose”). You agree that all information you provide and your use will be for the Purpose only, and that your use will be conducted in a professional, respectful manner. 

 

If you submit a question or response through or related to the App, you are solely responsible for your communications, the consequences of posting those communications, and your reliance on any communications found in the areas that can be accessed by the public or other users. We are not responsible for the consequences of any communications in these areas, and we cannot ensure the confidentiality of anything posted in these areas.  It is your responsibility to avoid posting information that you do not wish or consider to be public. IF YOU CHOOSE TO MAKE ANY OF YOUR PERSONALLY IDENTIFIABLE, HEALTH AND WELL-BEING, OR OTHER INFORMATION AVAILABLE IN AN AREA THAT CAN BE ACCESSED BY THE PUBLIC OR OTHER USERS, YOU DO SO AT YOUR OWN RISK.

You are responsible for all of your activity in connection with the App, and you agree to abide by all applicable local, state, national, and international laws and regulations. You agree that if you take any of the following actions, you will be materially breaching the Privacy Policy/Terms of Use, and you agree that you WILL NOT:

а. resell, rent, lease, loan, sublicense, distribute, or otherwise transfer rights to the App;

b. modify, reverse engineer, decompile or disassemble the App;

c. copy, adapt, alter, modify, translate, or create derivative works of the App without our written authorization;

d. permit other individuals to use the App, including but not limited to shared use via a network connection, except under the terms of this Privacy Policy/Terms of Use;

e. circumvent or disable any technological features or measures in the App;

f. use the App in an attempt to, or in conjunction with, any device, program, or service designed to circumvent technological measures employed to control access to, or the rights in, a content file or other work protected by the copyright laws of any jurisdiction;

g. use or access the App to compile data in a manner that is used or usable by a competitive product or service;

h. use your Account to advertise, solicit, or market any commercial products or to post any commercial advertisements;

i. use your Account to engage in any illegal conduct;

j. upload or transmit any communications that infringe or violate the rights of any party;

k. upload media of any kind that contain expressions of hate, abuse, offensive images or conduct, obscenity, pornography, sexually explicit or any material that could give rise to any civil or criminal liability under applicable law or regulations or that otherwise may be in conflict with the Privacy Policy/Terms of Use; or

l. upload any material that contains software viruses or any other computer code, files or programs that are malicious, technologically harmful or designed to interrupt, destroy or limit the functionality of any computer software or the App.

Brown maintains the rights, at its sole discretion, to (a) remove, without notice, any information that could be deemed to violate law, Brown’s policies, or the Privacy Policy/Terms of Use, or that it may otherwise deem inappropriate, and (b) terminate or deny any user’s access to the App if Brown deems that user has violated law, Brown’s policies, or these Privacy Policy/Terms of Use.

Age Limitations

The App is not intended for use by children, and we do not knowingly collect information about children under 18 years old through the App.  You represent that you are at least 18 years old.  If you are aware of anyone under 18 using the App, you agree to inform us by contacting support@somtheapp.com. 

License and Intellectual Property

Subject to your compliance with the terms of this Privacy Policy/Terms of Use, we grant you a revocable, non-transferable, and non-exclusive license to access and use the App for personal and non-commercial purposes only.

 

Brown retains all rights in and to the App, including all text, images, photos, audio, video, location data, software, code, results, and all other forms of data or information available in connection with or otherwise related to the App.  We do not grant you any express or implied rights except as expressly stated in this Privacy Policy/Terms of Use.  Nothing in this Privacy Policy/Terms of Use shall be construed as granting to you any rights or license to Brown University’s name, logos, or marks.

Responsibility for and Rights to Information You Submit

You are solely responsible for the information and content you submit to the App. You represent and warrant to us that you will not upload any information to the App unless you are the owner of all rights in that information and have obtained releases for all related privacy and publicity rights.  You agree that you will not submit any information that might violate others’ copyright or proprietary rights. 

By providing your information and content to the App, you grant us a non-exclusive, transferable, sublicensable, worldwide, royalty-free license to use, copy, exploit, modify, publicly display, publicly perform, create derivative works from, incorporate into other works, change, reformat, and distribute your information and content in connection with providing and operating the App and related services and/or for our promotional purposes (for example, by displaying on our website, within the App, in social media, on any website or platform in the internet as we may deem appropriate), subject to the Privacy Policy.

Brown does not permit infringement of copyright or other intellectual property rights, and we will remove all information and content if properly notified that such information or content infringes on another’s intellectual property rights. Brown reserves the right to remove any information and content without prior notice and within its sole discretion

Password Protection

You acknowledge and agree that any user name, login code, identifier or password is confidential information. You are responsible for any use of your username, user ID, login, and or password. You agree to notify Brown immediately of any unauthorized use of any password or any other breach of security of which you are aware. 

You further acknowledge and agree that the App and your account are designed and intended for personal use on an individual basis only, and you will not share your account and/or password details with another individual. We are not responsible for any losses arising out of the unauthorized use of your account or the App.

Links to Third Party Websites

The App may contain links to websites and other resources operated by third parties. These links are provided solely as a convenience to participants. Brown does not control such websites, and we are not responsible for the content of or the products, services, or other materials offered through such websites. The inclusion of links to such websites in the App does not imply Brown’s endorsement of the content of or the products, services, or other materials offered through any website, or of any entity or person.  If you decide to access any third-party websites, you do so entirely at your own risk, and you may be subject to the terms and conditions and the privacy policies of such websites.

Export Control

Software available in connection with the App may be subject to United States export controls. No Software may be downloaded or otherwise exported or re-exported in violation of United States export laws. You agree to comply with all applicable U.S. and foreign export laws and regulations.

Disclaimers

THE APP DOES NOT PROVIDE MEDICAL ADVICE.  

All information and content available on or through the App is intended solely as a general educational aid and is not intended as medical or health care advice, or to be used for medical diagnosis or treatment. The content available on or through the App is also not intended as a substitute for professional advice or services from a qualified health care provider familiar with your unique facts. Always seek the advice of your physician or other qualified health care provider regarding any medical condition or before undertaking any treatment or course of action.

THE APP IS PROVIDED “AS IS,” “AS AVAILABLE,” AND WITH ALL FAULTS AND WITHOUT ANY WARRANTIES OF ANY KIND. BROWN DISCLAIMS ALL WARRANTIES, EXPRESS AND IMPLIED, WITH RESPECT TO THE APP, INCLUDING, BUT NOT LIMITED TO, ANY WARRANTY OF ACCURACY, MERCHANTABILITY, NON-INFRINGEMENT, TITLE, QUALITY OF INFORMATION, AND FITNESS FOR A PARTICULAR PURPOSE. 

BROWN DOES NOT WARRANT THAT: (I) THE QUALITY OF THE APP OR INFORMATION THAT YOU OBTAIN FROM THE APP WILL SATISFY YOUR REQUIREMENTS OR MEET YOUR EXPECTATIONS, (II) THE APP WILL OPERATE UNINTERRUPTED AND ERROR-FREE, OR (III) THE APP WILL BE FREE OF VIRUSES, WORMS, OR OTHER HARMFUL MATERIAL. YOU ASSUME THE RESPONSIBILITY TO TAKE ADEQUATE PRECAUTIONS AGAINST DAMAGES TO YOUR SYSTEMS OR OPERATIONS THAT COULD BE CAUSED BY DEFECTS OR DEFICIENCIES IN THE APP. 

BROWN DISCLAIMS ALL RESPONSIBILITY AND LIABILITY FOR ANY PROBLEMS OR TECHNICAL MALFUNCTION OF THE INTERNET, COMPUTER SYSTEMS, SERVERS, OR PROVIDERS, COMPUTER EQUIPMENT, MOBILE DEVICES, SOFTWARE OR FAILURE OF EMAIL DUE TO TECHNICAL PROBLEMS OR TRAFFIC CONGESTION ON THE INTERNET, INCLUDING INJURY OR DAMAGE TO ANY COMPUTER OR MOBILE DEVICE RELATED TO OR RESULTING FROM THE APP OR ITS USE.

IN THE EVENT OF ANY PROBLEM WITH THE APP, YOU AGREE THAT YOUR SOLE REMEDY IS TO CEASE ACCESSING, USING, AND VIEWING THE APP. 

Indemnification and Hold Harmless

Brown is not liable for your use of the App or for decisions you or others make that are based off the App or any use of the App.

TO THE EXTENT PERMITTED BY APPLICABLE LAW, BROWN IS NOT RESPONSIBLE UNDER ANY CIRCUMSTANCES FOR ANY DAMAGES IN ANY WAY ARISING FROM OR RELATING TO YOUR RELIANCE UPON, YOUR USE OF, OR YOUR INABILITY TO ACCESS OR VIEW THE APP. 

You agree to indemnify and hold harmless Brown, its fellows, trustees, officers, employees, researchers, and agents from any liability, losses, costs, damages, claims or causes of action of any kind or nature whatsoever, and expenses, including attorneys’ fees, arising from or proximately caused by your use of the App.

 

Governing Law

The Privacy Policy/Terms of Use, and your use of the App, are governed by the laws of the United States of America and the laws of the State of Rhode Island.

 

Questions, Comments and Feedback

If you have any comments or questions on any part of the App or any part of this Privacy Policy/Terms of Use or require support, please contact us at support@somatheapp.com.