Terms & Privacy Policies

Introduction

Lyssn.io, Inc., (“Lyssn”, “Company” or “We”) respect your privacy and are committed to protecting it through our compliance with this policy. This policy describes the types of information we may collect from you or that you may provide (i) when you visit the website https://lyssn.io/ (the “Site”), or (ii) from using our Lyssn online and mobile software (collectively, the website and the Lyssn software are our “Services”), and our practices for collecting, using, maintaining, protecting, and disclosing that information.

This policy applies to information we collect:

• That you may provide when you access or use the Services.
• In email, text, and other electronic messages between you and the Company.

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, your choice is to not use our Services. By accessing or using the Services, you agree to this privacy policy. This policy may change from time to time (see Changes to Our Privacy Policy below). Your continued use of our Services after we make changes is deemed to be acceptance of those changes, so please check the policy periodically for updates.

User Restrictions

Our Services are not directed to people under the age of 18, and we do not intentionally gather personal information from visitors who are under the age of 18, without their parental or guardian’s consent or in some cases, the child’s assent or consent if the legal age of consent for health services is younger than age 18 according to state law. If a parent or guardian becomes aware that his or her child has provided us with information without their consent, he or she should contact us at privacy@lyssn.io. We will attempt to delete such information in accordance with the law.

Information We Collect About You and How We Collect It

We may collect the following information from you, for the following purposes:

Contact Information: When you use our Services, including a free trial, we may ask you for your name, address, telephone number, email address, or other contact details in order to respond to your request or inquiry or to verify your identity.

Business Information: When you seek services from us in the course of contractual or customer relationships between you and / or your organization and us, we collect business contact information and other personal information in order to provide you with the services you have requested.

Computer and Internet Information: When you visit our Site or use our Services, we collect information about your computer and internet connection, including your IP address, operating system, browser type, cookies, and data about the pages you visit.  This information may be collected automatically from your browser or your mobile device and is used to understand how you interact with the Services.

Location Information: When you use our Services, we collect information about your use of and interaction with our Services in order to (a) serve you the content and functionality you request, and (b) to maintain the privacy and security of the Services. Location information collected includes your Internet Protocol (IP) address or unique device identifier.

Cookies: When you visit or use our Services, we use cookies to securely authenticate users to our servers, to improve our marketing efforts, and for usage analytics purposes (e.g., page response times, download errors, length of visit, webpages visited, etc.). Because cookies are required for secure authentication of our Services, our Services cannot operate without them. If you don’t accept cookies, you cannot use our Services. Please see Lyssn’s cookies policy below.

Feedback / Support / Inquiries: If you provide us with feedback or contact us for support or to ask us questions, we will collect your name, email address, other contact information, and other information needed to respond to your feedback, provide the requested support, or to answer your question.

Information Received as Business Associate: Some of our US-based customers (such as healthcare providers) may be subject to laws and regulations governing the use and disclosure of the health information they create or receive, including the Health Insurance Portability and Accountability Act  (HIPAA) and the regulations adopted thereunder. Lyssn will only use or disclose such information as permitted by the controlling business associate agreement (BAA) or as otherwise permitted by law. Lyssn limits access to “protected health information” in accordance with HIPAA. Lyssn’s workforce members are trained on the privacy and security requirements applicable to protected health information, and Lyssn’s “business associates” are required, pursuant to the terms of their agreements with us, to implement required safeguards.

Financial and Payment Information: If you choose to purchase Services from us, you will need to give personal information and authorization for us to obtain information from various credit services. We may collect your bank account and other data necessary to process payments, including credit card numbers, security codes, expiration dates, and other related billing information. For example, you may need to provide the following information:

• Name
• Mailing address
• Email address
• Credit card number
• Home and business phone number

We do not store your payment information. By submitting your payment card information, you expressly consent to the sharing of your information with third-party payment processors and other third-party services (including but not limited to vendors who provide fraud detection services to us and other third parties).

Analytics: We use various third-party vendors for risk analytics and compliance purposes, to track and analyze usage and volume statistical information of our Services and to process commercial transactions. We may use services provided and / or hosted by third parties, such as analytics services, to assist in providing our services and to help us understand how you use the Services. This information about your use of Services (including your IP address) may be transmitted to, and stored at, our data warehouses or our vendors’.

Web Beacons: Pages of our Services 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 website statistics (for example, recording the popularity of certain website content and verifying system and server integrity).

Third-Party Services

Some content or applications, including advertisements, available with our Services are served by third parties, including advertisers, ad networks and servers, content providers, and application providers. We may also use the services of third parties for completing tasks related to the provision of our Services (e.g., processing of payments, execution of agreements). Where confidential information, such as information about our users, may be exchanged with third-party service providers, these providers are bound by confidentiality requirements at least as restrictive as those set forth herein. If you leave our Services to visit another website or use the services of a third-party, you should review the privacy policies of each third-party that you visit before using their sites or services. The following external third-party vendors are currently contracted with Lyssn, listed here.

These third parties may provide you with ways to choose not to have your information collected or used. For example, you can opt out of receiving targeted ads from members of the Network Advertising Initiative (NAI) on the NAI’s website.

These third parties may use cookies alone or in conjunction with web beacons or other tracking technologies to collect information about you when you use our website. 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 and other online services. 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. For information about how you can opt out of receiving targeted advertising from many providers, see ‘Choices About

How We Use and Disclose Your Information’ below.

We are not responsible, or liable to you or any third party, for the materials, goods, or services provided by any third parties.

How We Use Your Information

We use information that we collect about you or that you provide to us, including any personal information:

• To present our Services and its contents to you.
• To provide you with information, products, or services that you request from us.
• To fulfill any other purpose for which you provide it.
• To provide you with notices about your account and subscription, including expiration and renewal notices.
• To carry out our obligations and enforce our rights arising from any contracts entered into between you and us, including for billing and collection.
• To notify you about changes to our Services or any products or services we offer or provide though it.
• To conduct research and analysis.
• To validate the accuracy of existing products.
• To develop new products and services.
• In any other way we may describe when you provide the information.
• For any other purpose with your consent.

Disclosure of Your Information

Lyssn does not sell your information to third parties. We may disclose aggregated information about our users, and information that does not identify any individual, without restriction. We may disclose personal information that we collect, or you provide as described in this privacy policy:

• To our subsidiaries and affiliates.
• To contractors, service providers, and other third parties we use to support our business and who are bound by contractual obligations to keep personal information confidential and use it only for the purposes for which we disclose it to them.
• 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 Lyssn’s assets, whether as a going concern or as part of bankruptcy, liquidation, or similar proceeding, in which personal information held by Lyssn about our Website users is among the assets transferred.
• To fulfill the purpose for which you provide it.
• For any other purpose disclosed by us when you provide the information with your consent.

We may 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 or apply our subscription agreements, and other agreements, including for billing and collection purposes.
• If we believe disclosure is necessary or appropriate to protect the rights, property, or safety of Lyssn, our customers, or others (e.g., exchanging information with other companies and organizations for the purposes of fraud protection and credit risk reduction).

Choices About How We Use and Disclose Your Information

We strive to provide you with choices regarding the personal information you provide to us. We have created mechanisms to provide you with the following control over your information:

• Tracking Technologies and Advertising. You can set your browser to refuse all or some browser cookies, or to alert you when cookies are being sent. To learn how you can manage your Flash cookie settings, visit the Flash player settings page on Adobe’s website. If you disable or refuse cookies, please note that some parts of this site may then be inaccessible or not function properly.

California residents may have additional personal information rights and choices. Please see ‘California Residents’ for more information.

California Residents

If you are a California resident, California law may provide you with additional rights regarding our use of your personal information. To learn more about your California privacy rights, visit California Consumer Privacy Act of 2018.

California’s “Shine the Light” law (Civil Code Section § 1798.83) permits users of our System 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 privacy@lyssn.io.

Accessing and Correcting Your Information

If you sign-up for a Lyssn product (either a free trial or paid subscription), you can review and change your personal information by logging into

Data Security

We have implemented measures designed to secure your personal information from accidental loss and from unauthorized access, use, alteration, and disclosure. All Lyssn computation resources follow HIPAA compliance rules and best practices. All servers storing and using data use full hard drive encryption and all servers implement logging that is consistent with HIPAA guidelines. The encryption follows industry standards (AES 256-bit encryption). All data is encrypted by default in transit (both identified and de-identified data). All identifying information is stored in separate tables from raw data (i.e., recordings). These tables use an additional level of encryption from other database tables. Any data access is logged by user with timestamping and IP information. User access is controlled with strong passwords as well as optional two-factor authentication.  The server uses algorithms to identify and block any malicious users. Lyssn conducts regular system security audits using outside security professionals. Further information can be found in Lyssn’s Data Security Statement.

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 Services, 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 is not completely secure. Although we do our best to protect your personal information, we cannot guarantee the security of your personal information transmitted via our Services. Any transmission of personal information is at your own risk. Except as otherwise set forth in this privacy policy or in a separate agreement between you and Company, we are not responsible for circumvention of any privacy settings or security measures contained on the Services.

Changes to Our Privacy Policy

It is our policy to post any changes we make to our privacy policy here. We may also, at our option, email you at the address you provide with your account to notify you the privacy policy has been updated. If we make material changes to how we treat our users’ personal information, we will notify you by the email address specified in your account. 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 our Site and this privacy policy to check for any changes.

Third-Party Vendors and Subcontractors

The following third-party vendors are contracted vendors that are external to Lyssn. Once you leave the Lyssn.io website and are directed away from our product or services, you are subject to the privacy policies of these external contracted vendor sites that may exchange PHI information with our company for billing, support, and other services. The following external third-party vendors are currently contracted with Lyssn:

• Adobe Sign
• G-Suite
• Hubspot
• Stripe

Third-party vendors and subcontractors to Lyssn.io, Inc. will be added or deleted to this list over time.

Contact Information

To ask questions or comment about this privacy policy and our privacy practices, contact us at privacy@lyssn.io.

Purpose

The purpose of this policy is to document the requirements and responsibilities associated with identifying and managing financial conflicts of interest to safeguard the integrity of Lyssn.io, Inc. (Company) research and to comply with federal regulations. This policy has been developed to address and comply with the specific federal agency requirements as defined in the 2011 Revised Financial Conflict of Interest Regulation, Promoting Objectivity in Research (42 CFR part 50 subpart F). This regulation was developed to promote objectivity in research by establishing standards that provide a reasonable expectation ensuring the design, conduct and reporting of research funded under National Institutes of Health (NIH) grants or cooperative agreements will be free from bias resulting from Investigator financial conflicts of interest.

Summary of Process

Significant Financial Interests (SFI) (as defined below) shall be disclosed on the Financial Conflict of Interest (FCOI) Disclosure Form 1 and 2 (Exhibit 1) by an Investigator requesting government-sponsored or company-sponsored funds for a research project or by an Investigator when a Significant Financial Interest arises during the course of research. Regardless of whether a SFI exists, all Investigators and key personnel are required to submit SFI disclosure annually. It is the Principal Investigator’s responsibility to ensure those with financial interests in research are identified and make the required disclosures in conjunction with submission of a research proposal or application for human subjects’ approval. The FCOI Disclosure Forms and supporting materials are forwarded to the Director of Finance and Operations (DFO) for review. The DFO will be responsible for evaluating and instituting a plan for managing any disclosed financial interests, for producing institutional reports and other required reports to external sponsors and governmental agencies, and for the general administration and enforcement of this policy. Advance approval by the Chief Executive Officer (CEO) is required prior to engaging in government-sponsored research. A SFI review must be completed before any expenses are incurred under an award. Annual updates are required of all Investigators and key personnel participating in research. Any Investigator who has acquired a new or increased financial interest during the course of a research project shall report it immediately to the CEO and DFO. Annual updates and newly acquired interests are reported using the FCOI Disclosure Forms.

Training

The NIH Financial Conflict of Interest tutorial was designed by the National Institutes of Health (NIH) to provide education training on what constitutes financial conflict of interest. This course is required for anyone involved with an NIH funded project, which includes all Investigators, consultants and employees of Lyssn engaged in NIH-funded research or its compliance.

The course is accessible at http://grants.nih.gov/grants/policy/coi/tutorial2011/fcoi.htm.  Upon completion of the training, a certificate of completion must be turned into the DFO.  You should retain a copy for your records. This training is required prior to engaging in research relating to any NIH-funded grant or as deemed necessary by the Company due to changes in the FCOI policy, non-compliance of the Investigator/Key Personnel or new to the Company. At a minimum, the FCOI training shall be taken every four (4) years.

Key Definitions

The following definitions are provided as a reference and are considered key definitions in understanding the federal regulations of FCOI. A complete list of official definitions can be found at 42 CFR 50.603.

Institution – means any domestic or foreign, public or private, entity or organization (excluding a Federal agency) applying for or receiving NIH research funding.

Investigator – means the project director or principal investigator and any other person, regardless of title or position, who is or will be responsible for the design, conduct, or reporting of research funded by the NIH, which may include, for example, collaborators or consultants.

Institutional responsibilities – means an Investigator’s professional responsibilities on behalf of the Institution, and as defined by the Institution, including but not limited to, activities such as research, research consultation, teaching, professional practice, institutional committee memberships, and service on panels such as Institutional Review Boards or Data and Safety Monitoring Boards.

Financial interest – means anything of monetary value, whether or not the value is readily ascertainable.

Financial conflict of interest (FCOI) – means a significant financial interest that could directly and significantly affect the design, conduct, or reporting of NIH-funded research.

Manage – means taking action to address a financial conflict of interest, which can include reducing or eliminating the financial conflict of interest, to ensure, to the extent possible, that the design, conduct, and reporting of research will be free from bias.

Senior/Key Personnel – means the PD/PI and any other person identified as senior/key personnel by the Institution in the grant application, progress report, or any other report submitted to the NIH by the Institution under the regulation.

Significant Financial Interest (SFI) –

1. A financial interest consisting of one or more of the following interests of the Investigator (and those of the Investigator’s spouse and dependent children) that reasonably appears to be related to the Investigator’s institutional responsibilities:
   1. With regard to any publicly traded entity, a significant financial interest exists if the value of any remuneration received from the entity in the twelve months preceding the disclosure and the value of any equity interest in the entity as of the date of disclosure, when aggregated, exceeds $5,000
   2. With regard to any non-publicly traded entity, a significant financial interest exists if the value of any remuneration received from the entity in the twelve months preceding the disclosure, when aggregated, exceeds $5,000, or when the Investigator (or the Investigator’s spouse or dependent children) holds any equity interest (e.g.  stock, stock option, or other ownership interest); or

• Upon receipt of income related to intellectual property rights and interests (e.g. patents, copyrights)

2. Investigators also must disclose the occurrence of any reimbursed or sponsored travel (i.e., that which is paid on behalf of the Investigator and not reimbursed to the Investigator so that the exact monetary value may not be readily available), related to their institutional responsibilities, provided, however, that this disclosure requirement does not apply to travel that is reimbursed or sponsored by excluded sources provided in regulation. For example, if the PI travels to a scientific seminar but does not pay or receive reimbursement by the Company directly (i.e. the travel was paid for by a third party/sponsor), the PI is required to disclose basic information to the Company relating to the trip, such as purpose of the trip, identify of the payer/sponsor, destination and duration. The Company is required to determine if additional information is required (e.g. monetary value) and whether the travel constitutes a FCOI with NIH-funded research.

3. The term significant financial interest does not include the following types of financial interests:
   1. salary, royalties, or other remuneration paid by the Institution to the Investigator if the Investigator is currently employed or otherwise appointed by the Institution;
   2. intellectual property rights assigned to the Institution and agreements to share in royalties related to such rights;

• any ownership interest in the Institution held by the Investigator, if the Institution is a commercial or for-profit organization;

1. income from investment vehicles, such as mutual funds and retirement accounts, as long as the Investigator does not directly control the investment decisions made in these vehicles;
2. income from seminars, lectures, or teaching engagements sponsored by a federal, state or local government agency, an Institution of higher education as defined at 20 U.S.C. 1001(a), an academic teaching hospital, a medical center, or a research institute that is affiliated with an Institution of higher education; or
3. income from service on advisory committees or review panels for a federal, state or local government agency, Institution of higher education as defied at 20 U.S.C. 1001(a), an academic teaching hospital, a medical center, or a research institute that is affiliated with an Institution of higher education.

Procedures

1. Identification of Persons Required to Disclose a Significant Financial Interest – It shall be the responsibility of the Principal Investigator of a Research project to identify all Investigators who have a SFI requiring disclosure under this policy and to ensure that a SFI Disclosure Form is prepared and submitted. In addition, the Principal Investigator shall be responsible for ensuring that annual updates and disclosures of new or increased financial interests are disclosed.

1. Submission and Review of Financial Conflict of Interest Disclosure Form – Every individual having a SFI requiring disclosure under this policy shall prepare a fully-completed SFI Disclosure Form that shall be submitted to the DFO. An initial review of the SFI Disclosure Form will be conducted by the DFO to determine whether a potential for conflict of interest exists. If it is determined that there is a potential conflict of interest, then steps will be taken to determine what measures are needed to address the SFI identified in the FCOI Disclosure Forms. A management plan may be required to outline the terms, conditions and restrictions, if any, to ensure compliance with this policy. The management plan may require one or more of the following actions (but not limited to) to be taken in order to manage, reduce or eliminate any actual or potential conflict of interest:

• Public disclosure of significant financial interests;
• Review of research protocols by independent reviewers;
• Monitoring of research by independent reviewers;
• Modification of research plan;
• Disqualification from participation in all or a portion of the research funded;
• Divesture of significant financial interests;
• Severance of relationships that create actual or potential conflicts  All management plans are required to be signed by the Investigator and the CEO. Compliance of the management plan shall be monitored by the DFO.

1. Annual Reporting and After-Acquired Significant Financial Interests – All Investigators shall provide annual FCOI disclosure reports or more frequently if required by the management plan. Any Investigator who acquires a new or increased SFI shall promptly submit a new FCOI Disclosure Form(s) within 30 days of discovering or acquiring the new SFI. It is the Principal Investigator’s responsibility to ensure that any newly acquired Investigator on a research project submits the required FCOI disclosure report to the DFO.

1. Violations of Conflict of Interest Policy – Investigators are expected to comply fully and promptly with this policy. Whenever a person has violated this policy, including failure to make a required disclosure of financial interests or failure to comply with a requirement of the management plan, the DFO shall make recommendations to the CEO regarding the impositions of sanctions or disciplinary proceedings against the violating individual. In addition, the Company shall follow Federal regulations regarding the notification of the sponsoring agency in the event an Investigator has failed to comply with this policy. The federal agency may take its own action as it deems appropriate, including the suspension of the funding for the Investigator until the matter is resolved.

74. Record Keeping – Records of Investigator FCOI Disclosure forms, and of actions taken to manage actual or potential conflicts of interest, shall be retained by the DFO for three (3) years from the date the final expenditure report is submitted to the NIH, or as required by 45 CFR 74.53(b) and 92.42(b) for different situations.

1. Sub-recipient Requirements – Sub-award recipients must comply with this policy or provide certification that their organization is in compliance with the Federal policy, 2011 Revised Financial Conflict of Interest Regulation, Promoting Objectivity in Research (42 CFR part 50 subpart F) and that their portion of the research project, as detailed in their sub-award agreement, is in compliance with their institutional policies. If a SFI is identified by the sub-award recipient, they are required to notify the DFO of the existence of the conflicting interest within 30 days of the identification of the interest.  In addition, the sub-award recipient must certify and assure that any reported conflicting interest has been managed, reduced or eliminated in accordance with federal regulations.

1. Federal Reporting – The DFO is responsible for the reporting disposition of matters involving disclosures of SFI in accordance with applicable federal requirements. The following reports are required by the NIH:
2. Initial report – prior to the Company’s expenditure of any funds under a NIH-funded research project, the Company must provide to the NIH an FCOI report regarding any Investigator SFI found by the Company to be a financial conflict of interest in accordance with the regulation.
3. During on-going NIH-funded research projects – the Company shall submit an FCOI report within 60 days after its determination that a new FCOI exists.  If a FCOI was not disclosed timely, the Company shall submit a FCOI report to the NIH within 60 days of the discovery, as well as complete a retrospective review within 120 days of discovery of noncompliance.

• Annual FCOI report – For any FCOI previously reported to the NIH, the Company shall provide an annual FCOI report addressing the status of the FCOI and any changes to its related management plan.

For more information, visit the following links:   

42 CFR Part 50, 45 CFR Part 94

NIH FCOI

NIH FCOI Tutorial

NSF FCOI