Legal Information

1. Consumer Health Data We Collect

“Consumer Health Data” means personal information that is linkable to a WA Consumer and that identifies their past, present, or future physical or mental health status, but it does not include protected health information (PHI) under HIPAA or de-identified data that cannot reasonably be linked to an individual.

We collect the Consumer Health Data that you choose to include in your or your account members’ Emergency Profiles. Depending on what you choose to provide to us, this may include:

• Medical Conditions & History, such as current medical conditions, allergies, medications, blood type, past medical and surgical history;
• Mental & Behavioral Health Data, such as mental or behavioral health conditions, special needs, response guidance, de-escalation preferences, mental health clinic information;
• Advance Directives & Legal Health Documents, such as DNR preference/status, POLST forms, Power of Attorney, guardian legal forms;
• Provider & Facility Information, such as primary physician name and contact, preferred hospital, mental health clinic information; and/or
• Physical Characteristics, such as height, weight, physical descriptions.
• Any other Consumer Health Data you provide to us.

If you create an account or Emergency Profile for another person (such as a family member or dependent), you represent and warrant that: (a) you have the legal authority to consent to the collection, processing, and public disclosure of their Consumer Health Data; (b) you have obtained that individual’s informed consent (or, for minors under 18, parental consent) to the collection, processing, and public disclosure of their Consumer Health Data; and (c) the Consumer Health Data you provide about that individual is accurate, updated, and complete.

2. How We Use Consumer Health Data

If you choose to include any Consumer Health Data in your or your account members’ Emergency Profiles, we use that data for the following purposes:

• to provide our services to you and your Account Members, including to enable you to populate and maintain Emergency Profile(s) and to display those Emergency Profile(s) to individuals who access it via your unique QR code or URL, such as emergency responders or other healthcare providers when responding to a medical emergency that you are experiencing.
• for our internal operations, such as troubleshooting, repair, or restoration of data.
• to detect, investigate, and prevent unauthorized access, fraud, or abuse of your data or of our websites, services, and platforms.
• to exercise our rights or comply with applicable laws, regulations, court orders, subpoenas, and legal process.
• for public safety purposes, including to support law enforcement or public safety investigations.
• to effectuate the sale, merger, acquisition, or other disposition of our business.
• to respond to or fulfill your requests.

RESCUE ID does not use geofencing technology in connection with any health care facility for the purpose of collecting or using Consumer Health Data.

3. When and with Whom We Share Consumer Health Data

If you choose to include any Consumer Health Data in your or your Account members’ Emergency Profiles, we share that data in the following circumstances all of which are authorized by you through your use of our services or required by law:

• When and to whom you direct us to share your information, including as examples account members, doctors or other healthcare providers, caregivers or family members, schools, camps, employers, government or safety organizations, and others you choose.
• Your organizations and affiliates (and their administrators and personnel) if your account is part of a business, government, or other deployment.
• To anyone who accesses your Emergency Profile which access may occur with or without your prior consent, including as examples emergency responders, law enforcement, healthcare personnel, and other professionals who access your Emergency Profile in an emergency situation.
• To the Emergency Profile owner (or the account holder) when their Emergency Profile is scanned.
• To our third-party service providers, including as examples our professional advisors, software and technology development providers, cloud hosting providers (e.g., AWS).
• To attorneys, courts, law enforcement, and other governmental agencies, including as examples to comply with subpoenas, orders, or legal processes, cooperate in investigations, support missing-person or abduction investigations, or to prevent imminent harm or protect our rights and the rights of others.
• To a successor entity in the event of a merger, acquisition, sale, or disposition of our business or assets.

RESCUE ID does not sell Consumer Health Data nor share Consumer Health Data for the purpose of personalized/targeted advertising or interest-based profiling.

4. Your Consent to Publicly Publish and Share Your Personal Information

By completing and maintaining an Emergency Profile containing your Consumer Health Data, you are directing us and hereby consent for us to publicly publish your and your account members’ Emergency Profile(s), and all Consumer Health Data contained therein, so that it is accessible by anyone with access to your unique link/URL or QR code, including by first responders and other emergency personnel who scan the QR code on your RESCUE ID cards or other products. This is the primary and essential purpose of our services, and you have directed us to make this information accessible (including to emergency responders) by creating and activating your Emergency Profile and uploading Consumer Health Data.

You acknowledge and understand that the nature of our products and services are such that the Emergency Profile (and any information, including Consumer Health Data, contained therein) cannot be encrypted or password-protected at the point of access, because doing so would prevent emergency responders or others from accessing it in an emergency; therefore, you agree to accept the risk that all information, including Consumer Health Data, you include in your and your account members’ internet-accessible Emergency Profile(s) is made publicly accessible by default and can be accessed by anyone with your unique link/URL or QR code – including by unauthorized third parties. We cannot prevent unauthorized access to your Emergency Profile if your QR code or URL is obtained without your consent.

You also acknowledge and consent to the sharing of your Emergency Profile and any information, including Consumer Health Data, therein, to anyone who accesses your unique link/URL or QR code, including by first responders and other emergency personnel (some of whom may be law enforcement or other governmental agencies) who scan the QR code on your RESCUE ID cards or other products, who may or may not obtain your prior consent to do so.

You agree that if there is any information, including Consumer Health Data, for which you or your account members do not want to be made publicly accessible, then you will either not include that information in your or their Emergency Profile(s).

Except as necessary to provide services you requested or required by law, we may need to obtain separate consent before collecting or sharing your Consumer Health Data, in which we will contact you directly.

You have the right to withdraw your consent at any time by contacting us at info@rescueid.com. Withdrawal of consent may result in the deactivation of the relevant Emergency Profile and the cessation of our collection of new Consumer Health Data (unless you reactivate or otherwise repopulate an Emergency Profile with such data). It does not affect the lawfulness of any processing done prior to withdrawal.

5. Security of Consumer Health Data

RESCUE ID works to implement technical and organizational measures designed to protect the security of Consumer Health Data, proportionate to: (a) the size and complexity of our organization; (b) the nature and scope of our activities and services; and (c) the sensitivity of the Consumer Health Data we collect.

However, no method of transmission over the internet or electronic storage is 100% secure, and we cannot guarantee its absolute security. As described above, your Emergency Profile (including all Consumer Health Data included) is designed to be publicly accessible via your unique QR code or URL so that emergency responders or others can access it without delay. This means that, by creating and activating an Emergency Profile, you are directing us to make your Consumer Health Data accessible to the public.

The security of your information also depends on you: you are responsible for using unique, strong usernames and passwords for your accounts and for keeping login credentials confidential.

We are not responsible for the circumvention of any privacy settings or cybersecurity measures contained in our Services, and any transmission of Consumer Health Data is at your own risk. In the event of a breach of our security safeguards affecting your Consumer Health Data, we will notify you and the Washington Attorney General as required by Washington’s data breach notification law or any other applicable law, including within the timelines required by those laws.

6. Retention of Consumer Health Data

We retain Consumer Health Data for as long as is necessary to fulfill the purposes described in this WA Notice and consistent with our general data retention practices. Consumer Health Data in your Emergency Profile is retained for as long as your account is active and your subscription is current; and, following the termination of your account (for any reason), we delete or de-identify your Consumer Health Data within 30 days, unless we are required by applicable law to retain it for a longer period.

7. Your WA Consumer Rights

WA Consumers may have the following rights with respect to their Consumer Health Data under WA state law (in addition to any rights you may have under other applicable privacy laws): (a) right to confirm whether we collect, share, or sell your Consumer Health Data, (b) right to access a copy of your Consumer Health Data, (c) right to request the third parties with whom we shared your Consumer Health Data; (c) right to delete your Consumer Health Data, and/or (d) the right to opt-out of certain uses of your Consumer Health Data.

Importantly, these rights are not absolutely guaranteed and exceptions may apply. We are required to honor these rights only to the extent we act as a ‘controller’, and the rights apply to you under applicable laws.

To exercise your rights:

• You or your authorized agent may submit your specific request by emailing us at info@rescueid.com with the subject line “Washington Health Data Request”.
• For an authorized agent you designate to submit a request on your behalf, we may require written proof of the agent’s authorization.
• We may require you or your authorized agent to verify your identity before fulfilling any request, including requiring information to confirm you are the individual to whom the data relates.

We will respond to verified requests within 45 days or, if we need additional time, 90 days (in which we will notify you of the extension and the reason). You may appeal an adverse decision on your requests by emailing us, and you have the right to lodge a complaint to the Washington State Attorney General’s Office.

1. Children’s Privacy

Our Services are not directed to individuals under the age of 18 and we do not knowingly collect information directly from minors (including children). However, account holders who are 18 or older may create Emergency Profiles for minor dependents, in which:

• The account holder acts as the authorized representative for the minor and consents to the collection, processing, and public disclosure of the minor’s Consumer Health Data;
• A minor’s Emergency Profile is subject to enhanced visibility restrictions (e.g., minor’s phone number, address, or date of birth will not be visible; however, all other information you include, including their other Consumer Health Data will be visible);
• A parent or legal guardian may access, correct, or delete a minor’s Consumer Health Data at any time through the Services itself or by submitting a request to us; and
• The account holder must not allow those minors to directly use the Services.

2. Changes to this WA Notice

This WA Notice is expected to change over time. We reserve the right to update it at any time for any reason. We will notify you of changes to our WA Notice by updating the “last updated” date and posting the updated Privacy Notice on this page. We may also contact you with periodic reminders of our notices or when required if we make material changes, but you should check this page frequently to see the current WA Notice and any changes made to it.

3. Contact

Any comments, complaints, or questions may be emailed to us at: info@rescueid.com.

If you are not satisfied with our response or how we manage your personal information, you have the right to lodge a complaint with the Washington State Attorney General’s Office.