mySCS™ Privacy Notice

Effective Date:  28 March 2023

The Purpose of this Notice

Please carefully read this Notice to understand Boston Scientific Corporation’s (BSC) policies and practices regarding your information and how we will treat it. If you do not agree with our policies and practices, do not register or use the mySCS™ Application (mySCS). By accepting this Notice, you acknowledge that you have read, understood, and accept this Notice and the BSC Privacy Policy (PRIVACY POLICY), as supplemented by this Notice, and consent to BSC’s collection and use of your information.    

Scope

This Notice governs your use of mySCS. mySCS allows you to learn about BSC spinal cord stimulation (SCS) therapy and its benefits. For patients either in an SCS trial with BSC or with a permanent BSC SCS implant, mySCS also allows you to log how you feel. mySCS also gives you easy access to your BSC care team to help you during your trial. Reference is also made to mySCS’s Terms of Use.

This Notice applies only to information collected through mySCS and your use of mySCS. This Notice does not apply to information that BSC collects offline or on any other BSC apps or websites, including any websites you may access through mySCS. Our websites and other BSC apps have their own privacy policies which we encourage you to read before providing information on or through them

Table of Contents

Information Collection & Use

Disclosing Personal Data

Opt-Out and Deletion Processes

Data Retention

Security

Links to Other Sites

Minors

State Privacy Information

How to Exercise Your Rights

Updates to Privacy Notice

Information Collection & Use

mySCS obtains your mySCS data, which includes information that you provide to us when using mySCS, such as Pain and Activity Levels and information that you provide us when you contact us for help.

Your mySCS data also includes personal data you provide when you download and register mySCS. When you register with us and use mySCS, we obtain: (a) your name, (b) your health care provider’s (HCP) name and contact information, (c) your phone number, (d) information you provide us when you contact us for help, (e) your consents, and (f) information you enter into our system when using mySCS including but not limited to email address, residence address, phone number, zip code, age, date of birth, and gender. Registration with us is optional. However, please keep in mind that you may not be able to use some of the features offered by mySCS unless you register with us.

Automatically Collected Information
In addition, mySCS may collect certain information automatically, such as the type of mobile device you use, your mobile device’s unique device ID, the IP address of your mobile device, your mobile operating system, the type of mobile Internet browsers you use, and information about the way you use mySCS.

We may also obtain information about you from other sources such as, but not limited to, other BSC services. This information may be linked to the information collected by BSC through mySCS.

Use of your personal data
We use the information we collect for the following business purposes:

• Providing the services that you request, including those provided in mySCS.
• Sending you product updates, newsletters, marketing communications, requested product or service information, facilitating your patient, study subject or consumer journey, and fulfilling services you have requested;
• Understanding your interests and preferences;
• Operating and improving our business;
• Responding to your questions and requests;
• Administering your account;
• Conducting surveys, other research, and analysis;
• Measuring and improving our mySCS, our products and services, and marketing efforts;
• Optimizing user experience;
• Displaying personalized content;
• Notifying you of Policy updates;
• Preventing, detecting and responding to potential security issues and other malicious activities;
• Complying with legal obligations, responding to legal, court or government regulator requests for information, or enforcing our legal rights; and
• Protecting the security and integrity of mySCS or otherwise protecting BSC’s rights or property.

Disclosing Personal Data
In addition to the disclosures described throughout this Notice, and subject to applicable law, we and our third parties may disclose your mySCS data:

• To healthcare providers involved in your care, including those with whom you authorize us to share;
• To affiliates and subsidiaries for purposes consistent with this Notice;
• To unaffiliated third parties that are under contract to perform services for or on behalf of BSC (e.g., to maintain computer databases, perform marketing activities, provide security services, conduct analytics, or conduct surveys);
• To research partners;
• To potential transaction partners, service providers, advisors, and other third parties in connection with the consideration, negotiation, or completion of a corporate transaction in which we are acquired by or merged with another company or we sell or transfer all or a portion of our assets or business;
• To other persons as permitted by applicable law or regulation;
• To law enforcement personnel and governmental and administrative agencies, including to meet public health or national security requirements, or as part of a legal process; and
• As we deem reasonably necessary to protect the rights, property, or safety of us, you, or others.

We may share aggregate data with selected third parties. For example, BSC may disclose aggregate usage data to third parties to understand how mySCS is used or performing, for marketing, or mySCS improvement purposes. Aggregate data does not directly identify individuals. The access, use and disclosure granted to our affiliates, subsidiaries, and third parties is limited solely to the purposes for which such information was provided. Furthermore, we require our affiliates and subsidiaries to uphold and maintain BSC’s policies with respect to privacy and the treatment of your personal data in accordance with applicable laws and regulations.

If you permit BSC to share your mySCS data with your HCP, your HCP’s further uses and disclosures of your shared personal data is subject to any privacy policies implemented by your HCP. You should contact your HCP for information about the HCP’s privacy policies. If you would like to terminate your consent to sharing your mySCS data with your HCP, please contact us at GlobalPrivacy@bsci.com and we will respond in a reasonable time.

Opting-out
You can opt-out of all information collection by uninstalling mySCS. You may use the standard uninstall processes as may be available as part of your mobile device or via the mobile application marketplace or network. Information previously shared with BSC will still be available to BSC. BSC’s ongoing uses and disclosures of that previously shared information will be subject to this Notice and to the BSC Privacy Policy.

To opt-out of BSC marketing communications, please follow the unsubscribe instructions included in the specific communication.

Data Retention

We will retain your personal data for as long as you use mySCS and for a reasonable time thereafter. If you’d like us to delete personal data that you have provided via mySCS, please contact us at GlobalPrivacy@bsci.com and we will respond in a reasonable time. Please note that some or all of the personal data may be required in order for mySCS to function properly, and we may be required to retain certain information by law.

Security

BSC is concerned about safeguarding the confidentiality of your information. We provide physical, electronic, and procedural safeguards to protect information we process and maintain. For example, we limit access to this information to authorized employees and contractors who need to know that information in order to operate, develop or improve mySCS. Please be aware that, although we endeavor to provide reasonable security for information we process and maintain, no security system can prevent all potential security breaches

Minors

mySCS is not intended for use by individuals under the age of 18, and BSC does not knowingly collect personal data from those in this age group through mySCS. If you are under 18, please discontinue the use of mySCS. If we become aware that someone under the age of 18 has provided personal data through mySCS, we will expunge any related personal data from our records.

State Privacy Information
Depending on where you reside, you may have certain rights with respect to your personal data, subject to applicable exceptions. For residents of California, please see the  Boston Scientific Privacy Notice for California Residents for more information.
Residents of any state may issue requests to exercise the rights listed below. Our response to your request may vary depending on your state of residence.

• Right to Access.You may be entitled to request that we disclose to you the specific pieces of your personal data that we have collected about you in a portable and, to the extent technically feasible, readily usable format.
• Right to Know.You may have the right to confirm that we have collected personal data about you and know what personal data we have collected about you, including, as applicable, the categories of personal data we have collected, the sources from which we collected that personal data, the business or commercial purposes for which we collected, sold, and shared that personal data, the categories of personal data that we sold, shared, or disclosed to third parties for business purposes and the categories of third parties to whom we sold, shared or disclosed personal data.
• Right to Deletion.You may be entitled to request that we delete the personal data that we have collected from you. We will use commercially reasonable efforts to honor your request, in compliance with applicable laws. Please note, however, that we may need or be required to keep such information, such as for our legitimate business purposes or to comply with applicable law.
• Right to Opt-Out of Sales of Personal Information.You may be entitled to opt out of sales of your personal data to third parties, where we disclose personal data to other entities for valuable consideration.
• Right to Opt-Out of Targeted Advertising. You may be entitled to opt out of our processing of personal data for certain targeted advertising.
• Right to Opt-Out of Profiling.You may be entitled to opt out of certain processing that has legal or similarly significant effects on you.
• Right to Correct.You may request that we correct personal data that we hold about you. 
• Right to Non-Discrimination.You have the right not to receive discriminatory treatment if you exercise the rights conferred to you by applicable privacy law.

How to Exercise Your Rights 

If you would like to exercise one of your rights or exercise rights on behalf of someone else, please contact us by:

• Emailing GlobalPrivacy@bsci.com
• Calling 1 (888) 914-9661 and entering PIN#: 554 415
• Or visiting Consumer Data Request Form

Please provide us with a description of the information we require to address your rights request, including your name, email address, phone number, and the nature of your request. 

To process your requests to Know, Access, Delete, or Correct personal information, we must be able to verify your identity to a reasonable degree of certainty. To verify your identity, we will ask you to provide your contact information and additional identifiers based on your relationship with us. Before we process your request, we will match these data points with data points we currently maintain to verify your identity and your relationship with us.

When you use an authorized agent to submit a request, you must provide the authorized agent with written permission to do so, and, in certain circumstances, we may ask you to verify your own identity directly with us. We may deny a request from an authorized agent that does not submit proof that they have been authorized by you to act on your behalf. Authorized agents may use the channels listed above to submit requests. You may also contact us using these methods to appeal any decision we make relating to your request to exercise your rights.

Changes to Privacy Notice

BSC reserves the right to amend this Notice at our discretion and at any time. When we make changes to this Notice, we will post the updated Notice on mySCS and update the Notice's effective date. Your continued use of mySCS following the posting of changes constitutes your acceptance of such changes.

This Notice was last updated on 28 March 2023.

Your Consent

By using mySCS, you are consenting to our processing of personal data information as set forth in this Notice now and as amended by us. "Processing,” means using cookies on a computer/hand held device or using or touching information in any way, including, but not limited to, collecting, storing, deleting, using, combining and disclosing information, all of which activities will take place in the United States. If you reside outside the U.S. your information will be transferred to the U.S. and processed and stored there under U.S. privacy standards. By using mySCS and providing information to us, you consent to such transfer to, and processing in, the US.

Contact us

Please direct privacy-related issues, questions, comments or complaints to one of the following:
Email: GlobalPrivacy@bsci.com
Postal Mail:
Boston Scientific Corporation
Global Privacy Office/Legal
300 Boston Scientific Way
Marlborough, MA 01752 (USA)