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Consumer Health Data Privacy Notice

For Washington, Nevada, and (from July 1, 2026) Connecticut residents. This Notice is separate from, and supplements, our Privacy Policy.

Last Updated: April 20, 2026

Effective: Upon public launch of the Service

Work in Progress — Pre-Launch Draft

This Notice is a pre-launch draft and is not yet in effect. The canonical source of truth is CONSUMER_HEALTH_DATA_NOTICE.md in our repository.

About This Notice

This Consumer Health Data Privacy Notice ("CHD Notice") is a separate notice required by the Washington My Health My Data Act (RCW 19.373, "MHMDA"), Nevada SB 370 (NRS 603A.400 et seq.), and the Connecticut Data Privacy Act as amended by SB 1295 (effective July 1, 2026). It supplements, and does not replace, our Privacy Policy.

This Notice is linked directly from the footer of ophie.app, adjacent to — and distinct from — our Privacy Policy link, consistent with Washington Attorney General guidance.

1. Who This Notice Covers

  • Residents of Washington, regardless of the residence we have on file.
  • Consumers physically located in Washington when interacting with the Service.
  • Residents of Nevada.
  • Residents of Connecticut, for processing on or after July 1, 2026.

2. What "Consumer Health Data" Means for Ophie

MHMDA defines "consumer health data" broadly. For users covered by this Notice, Ophie treats the following as consumer health data:

  • voice audio (transient) and the text transcript derived from it;
  • message content of your conversations with Ophie;
  • memories and topics derived from your sessions;
  • emotional snapshots, sentiment, valence/arousal, and wellness trajectory inferences;
  • speech-emotion-recognition outputs (when persisted);
  • crisis-detection signals (category, confidence, action taken);
  • the fact of use (that you use Ophie) and derived usage facts (frequency, duration, topical focus).

3. Categories of CHD and the Specific Sources

CategorySpecific Source
Voice audio (transient)Your microphone during a voice session, streamed via LiveKit WebRTC
TranscriptGenerated by Deepgram from your voice audio; stored in Supabase in Memory mode
Message contentTyped by you or transcribed from your voice
Session metadataGenerated by your use of the Service
Emotional inferencesOphie's local SER model and LLM stack
Memories, topics, constellations, continuity markersDerived by Ophie from your conversations
Crisis-detection signalsML safety classifier (GPT-OSS-Safeguard 20B)
Fact of useAccount creation and session activity

4. Specific Purposes for Each Category

CategorySpecific Purposes
Voice audio (transient)Transcribe your speech; synthesize response voice; establish real-time voice connection
TranscriptContinuity within and across sessions; your review/edit/delete; operate RAG memory (Memory mode only)
Message contentGenerate the AI response; generate memories; operate safety classifier
Session metadataOperate/debug the Service; show you your own stats; bill paid tiers
Emotional inferencesAdapt tone in session; render your wellness timeline
Memories, topics, etc.Remember what you asked us to remember; your review/edit
Crisis-detection signalsSurface crisis resources; pause session; log to safety-audit log
Fact of useAuthenticate; render your stats

We do not process CHD for targeted advertising, for sale, for training any AI model, or for profiling with significant effects.

5. Specific Third Parties We Share CHD With (by Name)

MHMDA requires named disclosure. The following is the complete list as of the date above:

  • Supabase, Inc. — managed Postgres, auth, storage (US).
  • LiveKit, Inc. — WebRTC voice transport (US).
  • Deepgram, Inc. — speech-to-text (US).
  • Cartesia AI, Inc. — text-to-speech, default provider (US).
  • ElevenLabs, Inc. — text-to-speech, alternate provider (US).
  • Inworld AI, Inc. — text-to-speech, alternate provider (US).
  • DigitalOcean, LLC — primary conversational LLM inference (Qwen 3.5-397B) (US).
  • Groq, Inc. — background LLM, RAG summarization, and safety-classifier inference (US).
  • OpenAI, L.L.C. — fallback LLM, embeddings, sentiment / summary helpers (US).
  • Anthropic, PBC — Claude Haiku inference for the image OCR tool (US, accessed via OpenRouter).
  • Google LLC (Google AI) — Gemini 2.5 Flash inference for the PDF reading tool (US, accessed via OpenRouter).
  • OpenRouter Inc. — routing intermediary for tool-level LLM calls (US).
  • Voyage AI, Inc. — text embeddings for memory retrieval (US).
  • Pinecone Systems, Inc. — managed vector database (US).
  • Stripe, Inc. — payment processing (subscription metadata only) (US).
  • Sentry (Functional Software, Inc.) — error telemetry (PII and conversation content scrubbed) (US).
  • PostHog, Inc. — product analytics (opt-in; no conversation content; user identifier sent as SHA-256 hash) (US).
  • Netlify, Inc.; Render Services, Inc. — application hosting (US).
  • Resend, Inc. — transactional email delivery (US).
  • Kraken Technologies, S.L. (ipapi.co) — IP-based geolocation for regional access controls (EU).

Ophie has no affiliates receiving CHD at the date above. We do not sell CHD to any person or entity.

7. Your Rights

  • Confirm whether we are processing your CHD.
  • Access the specific CHD we hold.
  • Access the list of third parties that have received your CHD, by name.
  • Delete your CHD, with propagation to our processors and downstream recipients.
  • Withdraw consent to further processing.

Response timing: 45 days, extendable once by 45 days when reasonably necessary. Appeal on denial; you may also complain to the Washington, Nevada, or Connecticut AG as applicable.

Submit requests at health-team@ophie.app or via in-product Privacy Controls.

8. No Geofencing

We do not use geofences to identify, track, target, collect data from, or send notifications or ads to consumers in relation to their CHD. We do not operate a geofence around any in-person healthcare facility.

9. Security

We protect CHD with the safeguards described in Section 10 of the Privacy Policy: transport and at-rest encryption; Postgres row-level security; scoped access; vendor due diligence; incident-response procedures. Production access to CHD is restricted and logged.

10. Breach Notification

In the event of unauthorized access, acquisition, or disclosure of CHD, we will notify affected users and regulators per the FTC Health Breach Notification Rule, MHMDA, Nevada breach law, and Connecticut breach law.

11. Private Right of Action (Washington)

Washington MHMDA is enforced by the Washington Attorney General and through the Washington Consumer Protection Act, which provides a private right of action. If you are a Washington resident and believe Ophie has violated MHMDA, you may have a claim in addition to filing with the Washington AG.

12. Retention

We retain CHD only as necessary for the purpose for which it was collected. Specific periods are in Section 9 of the Privacy Policy. Deletion flows propagate to our processors and, where feasible, to backups.

13. Contact

Consumer health data requests: health-team@ophie.app

General privacy: team@ophie.app

Regulator complaints:

  • Washington AG: https://www.atg.wa.gov/file-complaint
  • Nevada AG: https://ag.nv.gov/Complaints/CMPL_Main/
  • Connecticut AG: https://portal.ct.gov/ag/consumer-filing-a-complaint

14. Changes to This Notice

Material changes will be communicated by email and in-product notice at least 30 days before taking effect. If a change materially alters how we process CHD, we will solicit a refreshed opt-in consent before applying the change.