Privacy Notice

1. Introduction

This Privacy Notice (“Notice”) describes how the Rethink Benefits and RethinkCare divisions of Rethink Autism, Inc. (“Rethink”, “we”, “us”, “our”) collects, uses, discloses, secures, and eventually disposes of (collectively “processes”) your personal information. Personal information is any information that does, or could, identify you.

This Notice applies to personal information collected on our websites (rethinkbenefits.com/eb/ and rethinkcare.com), mobile apps (Rethink Benefits and RethinkCare), their associated technologies and communications media, and in the course of any offline contact with you (collectively the “services”). Our websites have public and subscription-only sections. Our mobile apps are part of our subscription-only services.

Our services may contain links to external websites. This Notice does not cover those sites.

In this Notice, “you” refers to anyone about whom we process personal information. You will usually be an employee of a corporate customer of Rethink or of a corporate customer of a channel partner of Rethink; a parent of a child in whose interests the services are used; a member of a child’s “support team” (for example, a family member or teacher) who is invited to participate in the services; or a visitor to our public websites. For parents and legal guardians, “your personal information” includes your child’s personal information. In this Notice, “primary user account holder” means the employee of a corporate customer of Rethink, or of a corporate customer of a channel partner of Rethink, who enrolls for the services.

Rethink channel partners are intermediaries, selected and/or approved by your organization, through which you may access our services. This Notice does not cover the personal information processing of our channel partners. If you are uncertain whether you access our services through a channel partner, please consult your organization.

Rethink provides online tools, content, and related services in three distinct subscription-only environments: (1) “Parental Success” (formerly known as “Rethink Benefits At Home”) supports families of children with learning, social, or behavioral challenges; (2) “Professional Resilience” (formerly known as “Rethink Benefits At Work”) helps employers increase neurodiversity inclusion in the workforce, and (3) “Personal Wellbeing” assists employees to increase their mental wellbeing and work performance.

Rethink is the data controller in relation to the services.

Rethink Benefits and RethinkCare are part of the Rethink group of businesses. This Privacy Notice applies only to the Rethink Benefits and RethinkCare divisions.

2. Changes to this Notice

We will update this Notice from time to time and will communicate material changes to you through an appropriate channel (for example, via a notice in our services). The Notice was last updated on Feb 14, 2024.

3. Personal information we collect

3.1 Categories collected

We collect the following categories of personal information:

• Identifiers such as your name, e-mail address, username, and IP address.
• Additional personal information defined by certain applicable US state laws: address, telephone number.
• Protected classification characteristics and EU “special categories of personal data”, such as gender and health information.
• Biometric information (e.g., sleep and heart rate collected from a wearable device).
• Commercial information, such as your purchases from us.
• Internet activity/usage on our websites and applications.
• Employment-related information, such as your job role or title.

3.2 Categories of sources

We collect the categories of personal information listed above from the following categories of sources:

• Directly from you, for example when you complete an online form or provide information about you or your child during a Rethink consultation video call or a Parent Discussion Group.
• From other users of the subscription-only parts of the services, for example if an invited caregiver mentions your child’s progress in acquiring a skill during a consultation.
• We may receive information about you from your employer or our channel partner, for example your work e-mail address or other identifiers so that we can give you access to the service.
• From observing your activity on our services, for example via cookies, other standard online technologies, and our routine monitoring and recording of your service usage.
• When you use a device that is connected to the Internet, such as heart rate monitors, activity trackers, and other devices or wearables that integrate with our services.

3.3 Items of personal information collected

When we collect personal information directly from you, you will know the details of that information.

For Parental Success, it may include:

• Login credentials (username and password).
• Name, job role, e-mail address, telephone number; country, state, and city of location.
• Your schedule of appointments with Rethink behavioral consultants or when you have participated in a Parent Discussion Group.
• Information you choose to provide if you create a profile for your child, for example your child’s: name, date of birth, school grade, photo, and developmental disabilities and concerns. Providing such information is completely optional and is not essential for you to use the services.
• Information you choose to provide about your child to Rethink behavioral consultants in the course of a written, phone, or video consultation.
• Information you choose to provide about your child when participating in a Parent Discussion Group.
• Information you choose to provide in response to a Rethink survey, assessment or questionnaire.
• Any details about yourself that you reveal as you use free-form features of the services, for example you might mention your favorite activity with your child during a consultation video call with a Rethink behavioral consultant or include your family in a photograph you upload to the My Files area of the services.

For Professional Resilience, it may include:

• Login credentials (username and password).
• Name, job role, e-mail address, telephone number; country, state, and city of location.
• Your schedule of consultations with Rethink neurodiversity consultants.
• Any details about yourself that you might reveal during a neurodiversity consultation with a Rethink consultant, for example you could refer to your strengths and challenges as an employee or manager.
• Information from training modules you take, for example your quiz score after taking a neurodiversity inclusion training module.
• Information you choose to provide in response to a Rethink survey, assessment or questionnaire.

For Personal Wellbeing, it may include:

• Login credentials (e-mail and password).
• Name and country of residence.
• The sessions and courses that you “like”.
• Ratings and feedback that you give us about the service.
• Information you choose to provide in response to a Rethink survey, assessment or questionnaire.

On our public websites, you may provide personal information in “Contact Us” or other forms and via our Chat, “Email Us” or similar features.

We collect personal information from other users of the subscription-only parts of the services only in Parental Success. For example, a support team member may, during a consultation with a Rethink consultant, volunteer information about how you interact with your child. Note that which support team members (for example, a spouse or therapist) are invited to access the services is entirely under the control of the primary user account holder. The primary user account holder also determines their level of access to the services (for example, whether or not they can view consultation session notes).

When we receive information about you from your employer or our channel partner, it may include:

• Your name and e-mail address.
• Other information items selected by your employer to assist in the segmentation of service usage reports, for example your work location and department.
• Your employee number or similar unique identifier.

We collect personal information from observing your activity on our services:

• We track how you use our subscription-only content, for example how much time you spend interacting with it and which sessions and courses you complete.
• We routinely monitor and record your usage of our subscription-only services for the purpose of providing service security and effective user support.
• We use cookies and other standard online technologies in our public and subscription-only services. Cookies allow us to recognize your device. We use them to collect information about your device and how you use our services; for example, which pages you visit and how long you stay on them. Cookies also facilitate, for example, logging into and navigating our services.

When you use a wearable or connected device or product that is integrated with our services, we may receive certain data related to your fitness activity (e.g., number of steps), heart rate, blood oxygen levels, sleep activity (e.g., number of hours of sleep) and similar types of data relating to physiological condition and activity. We may also receive certain information about the wearable or connected device or product such as serial number, Bluetooth address, UPC, or other device- or purchase-related information.

Data from Third Party Services

In connection with your use of the RethinkCare app, you can choose to share with Rethink information from third party services such as Apple HealthKit and Fitbit. The information you choose to send from such third party services is used by Rethink to provide our services such as recommending content to you. However, the content that we recommend should not be considered medical advice and is not intended to be used for diagnostic purposes. In addition, Rethink will not use any of the information that you choose to send us from such third party services for marketing or advertising purposes and will not share the information with any third parties.

4. How we use your personal information

Rethink will never sell your personal information.

Rethink may use your personal information for the following purposes:

• To provide our services, for example to manage log-ins and maintain the security and confidentiality of data contained in the services; to schedule and hold consultations with our consultants; to communicate essential service information to you; to recommend content to you; to provide customer support; and to monitor compliance with our Terms of Use.
• Where permitted by applicable law, we may send you marketing messages for Rethink products that we think may interest you (see Section 9 for information about opting out of such messages).
• To help us improve our services and user experience, for example by identifying which parts of our services you find useful or difficult to use. Usually, the information used for this purpose does not directly identify you as an individual.
• To respond to your requests or questions, including through forms and chat features.

Lawfulness of processing:

The EU General Data Protection Regulation (GDPR) requires that we provide EU individuals with our legal bases for processing their personal data. A similar requirement applies in some other jurisdictions, for example China and the United Kingdom. Our legal basis depends on the purpose of processing:

5. Disclosure of your personal information

Who we disclose your personal information to depends on the specific items of information and the purposes we use them for. Your personal information may be disclosed to the following categories of recipients:

• Employees and contractors of Rethink: These personnel have roles that require access to your information (a “need to know”). They are bound by employment terms that cover their obligation to keep personal information confidential and secure and have been trained in US law governing confidentiality of personal health information.
• Service providers (“processors”): We use service providers to perform certain tasks for us, for example hosting our services on a Cloud computing platform or providing secure video calling functionality. Service providers process your data on our behalf and according to our instructions. They are contractually bound to protect your data and are prohibited from using it for their own purposes.
• Other third parties: We may disclose de-identified information to third parties, for example business partners or research organizations. “De-identified” information is stripped of attributes that tie it to a particular individual and which cannot reasonably be reconnected to that individual.
• Services usage reports:

• • Our channel partners: We may provide aggregate data on utilization of our services to our channel partners. Such data is non-personal and does not identify you. We may also disclose content usage information in an identifiable form (for example, courses you begin or complete, and how often you log in to the services) to our channel partners so that they can provide services to your employer (for example, administer use-based incentive programs). In the event we disclose any content usage information for Parental Success or Professional Resilience, such information will only disclose that you have completed a Parental Success or Professional Resilience course (as applicable) and will not specify the particular content that you interacted with. Further, to be clear, we do not disclose to our channel partners your or your child’s profile or information related to your interactions with our behavioral or neurodiversity consultants.
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  • Your employer: We may provide aggregate data on utilization of our services to your employer. Such data is non-personal and does not identify you. For Professional Resilience and Personal Wellbeing, we may also disclose to your employer in an identifiable form the number of courses that you have completed (but not the particular content that you interacted with) for the purposes of your employer administering use-based incentive programs.

• Disclosure information applicable only to specific services:

• • Parental Success: (1) Personal information collected in our Parental Success environment may be disclosed to other authorized users of the services. Authorized users and their level of access to the services are determined by the primary user account holder. (2) Note that the employer who provides Parental Success to you as a benefit is not a user of the services and your personal information is not disclosed to them except as described in the immediately preceding section. (3) Note that for Parent Discussion Groups we encourage participants to keep any information disclosed by other participants private and confidential. However, there can be no guarantee of full confidentiality and you should think carefully before disclosing any personal information when participating in the groups.
  • Professional Resilience: Note that Professional Resilience is not designed for the disclosure to Rethink consultants of identifying information about individuals who are the subject of a consultation, and primary user account holders are actively discouraged from making such disclosures.

We have in the preceding 12 months disclosed the following categories of personal information to “service providers” (defined above):

• Identifiers such as your name, email address, username, and IP address.
• Additional personal information defined by certain applicable US state laws: address, telephone number.
• Internet activity/usage on our websites and applications.
• Protected classification characteristics and EU “special categories of personal data”, such as gender and health information.

We will also disclose your personal information in the following exceptional circumstances:

• Corporate event: Your data may be transferred to third parties as a result of a merger, acquisition, or similar corporate event involving Rethink.
• Legal necessity: We will disclose your information to government agencies, law enforcement, courts, and other authorities and parties if required to by applicable law. Note that information you provide to Rethink, including to our behavioral consultants in the course of a consultation, may not be protected by physician-patient privilege.
• Individual’s vital interests: If we reasonably believe based on information posted on or provided in relation to our services that the safety or vital interests of an individual are at risk, we will disclose personal information to relevant parties as necessary to assist the individual.
• Protection of Rethink’s interests: Where permitted by applicable law, we may disclose personal information to our professional advisors and other qualified parties when we reasonably believe it to be necessary to protect our essential business interests.

6. Information security

We employ technical, physical, and administrative security measures appropriate to the categories of personal information processed in our services. These measures include, for example: encryption at rest and in transit, roles-based access, firewalls, and anti-virus software. For more details of our practices, please consult our Information Security Standards statement.

We protect information about individual’s diagnoses, treatments, and outcomes with particular care. Rethink is HITRUST CSF certified. HITRUST CSF is a security and privacy framework that covers, among others, HIPAA and National Institute for Standards and Technology (NIST) standards.

No matter how carefully we safeguard your information, it is unfortunately not possible to guarantee that it will never be accidentally or illegally breached.

7. Data retention

We will retain your personal information as long as necessary to fulfill the purposes for which it was collected, and to satisfy legal, accounting, and reporting obligations, or to resolve disputes or enforce our Terms of Use.

Section 9 of this Notice below describes your rights to request deletion of your data outside of our normal data retention schedule and to withdraw your previously given consent to our processing of your data.

8. International transfer

Rethink is based in the United States. Your personal information is stored on our systems in the US.

If you live in the European Union, European Economic Area, or UK, note that the European Commission has not issued an unlimited adequacy decision for the US.

As set out in this Notice, Rethink strives to protect your data and your rights regardless of any international transfer.

We obtain your explicit consent to transfer your information to the US, and cannot provide our services without that consent.

Should we disclose your personal information to a Rethink service provider (see Section 5 of this Notice) located outside the US, we will put in place appropriate legal safeguards (for example, standard contractual clauses) that are designed to protect your personal information in the new jurisdiction.

9. Your rights

US and international laws give you various rights over your personal information and that of your child. These may include the right to:

• Access personal information held about you
• Correct inaccurate or out-of-date personal information
• Request deletion of your personal information
• Restrict processing of your personal information
• Data portability: Receive your personal information in a readily useable format
• Object to processing for which the legal basis is our legitimate interests

Notice of withdrawal of consent and other requests to exercise privacy rights should be addressed to us using the contact information in Section 10 below.

If you believe that we have infringed your privacy rights, please contact us so that we can try to resolve the issue. However, if you are an EU/EEA/UK resident, you have the right to lodge a complaint with your EU/ EEA local supervisory authority or, in the UK, with the ICO.

9.1 Marketing

You can opt out of our marketing communications at any time using, for example, the “unsubscribe” in an e-mail message or “STOP” reply in a text message.

When required by local law, we will obtain your prior consent for marketing communications. You may withdraw that consent at any time using the “unsubscribe” or similar functionality in a marketing message. Alternatively, please contact us using the contact information in Section 10 below.

Please note that, if you are a user of our subscription-only services, you may continue to receive service communications even after you have opted out of marketing communications. “Service” communications contain important information about the service for which you are a current user.

10. Contact us

Data Protection Officer: Click to send an email [email protected] or (800) 708-2154

Rethink Autism, Inc.
49 West 27th Street, 8th Floor
New York, NY 10001
USA

EU Representative:

MyEDPO Ltd,
Unit 3d North Point House,
North Point Business Park,
New Mallow Road,
Cork, Ireland
Click to send an email [email protected] or +44 203 870 3376.