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Privacy

Privacy Policy

Last Updated: November 13, 2018

Introduction

Your privacy is very important to us. This Privacy Policy (this “Policy”) describes how our Services, as defined in the Terms of Use (“Terms”), handle and secure information they collect. This Privacy Policy is part of, and incorporated into, the Terms for our Services, and is a supplement to the Terms. Because the Terms includes subjects that may not be covered in this Policy, and may modify the scope of our use of information under this Policy, please review the Terms carefully. In the event of a conflict between the Terms and this Policy, the Terms shall prevail.

Information Collected by our Services

Information You Submit: When you use our Services, you can (depending on the Service you use) submit information by:

  • Typing-in data (such as when you register for our Services, or type a message to send to us or another user, or complete an observation (e.g. symptoms, vitals, etc.), or complete an optional form or survey);
  • Uploading a document, image, weblink or other data file; or
  • Authorizing us to retrieve and import information from another user or other third-party on your behalf.

Third-Party Offerings: We may work with certain third-parties who may (i) deploy their own engagement support tools on our Services or (ii) provide other products, services or information either independent of our Services or on our behalf (collectively, “Offerings”). Our Services may contain hyperlinks, made available by us or by an authorized third-party, to Offerings by third-parties. Such hyperlinks may be found, for example, in the navigation section of your Lifeguard Account, made available for your information. Third-party tools may be deployed to provide online services or analytics, but they may be deployed in other contexts as well, such as social media plug-ins. Making links to Offerings available in our Services does not constitute or imply our endorsement of such third-party Offerings. Should you access and use Offerings of such third-party providers, they may retain and use the data they collect pursuant to each of their respective publicly available privacy policies. We do not control how these third-parties manage the information they gather. Further, they are solely responsible for the suitability, efficacy, safety and quality of such Offerings. We make no representations or warranties regarding any such Offerings or such products or services. We treat personal and non-personal information that we receive from third-parties, if any, the same way we treat personal and non-personal information that we directly collect from our Services.

Personal and Non-Personal Information: Information you submit to us that identifies you or can be used to contact you (e.g., name, email or mailing address) is your “Personal Information.” When we combine non-personal information with personal information, or non-personal information with other non-personal information in a way that renders the combined information personal information, we treat that combined information the same way we treat personal information. When we combine personal information with information from third-party sources, we also treat that combined information the same way we treat personal information.

How Information is Used

We use personal and non-personal information for the following purposes:

  • Operating, maintaining, managing and administering our Services, including processing registrations and payments, if any, and providing customer support;
  • Recording communications from you, and your Trusted Circle of Care, if any, which we retain in the ordinary course of business. We will permit access to Your Information to your authorized “Trusted Circle of Care” (persons to whom you have authorized access according to the permissions settings that you have established in your LifeguardMobile™ Account). You and they are responsible for ensuring that your, and your Trusted Circle of Care’s use of Your Information is consistent with this Policy and the Terms.
  • Administrative announcements about features, functionality, terms or other aspects of our Services; and, if applicable, informing you about offers for services or products we believe may be of interest;
  • Safeguarding and protecting our Services, the information they safeguard, the rights of third-parties and in response to legal process; and,
  • Any other purpose described in this Policy or the Terms.

We use non-personal information for the following purposes:

  • Auditing, research, measurement and analysis in order to maintain, administer, enhance and protect our Services, including analyzing usage trends and patterns and measuring the effectiveness of content, features or services;
  • Creating new features and services;
  • Health and medical research; public health and service activities; healthcare- and medical-related services; and
  • Any other purposes described in this Policy or the Terms.

We may also use non-personal information to prepare aggregate reports for current or future providers or partners to show trends about the general use of our Services. Such reports may include age, gender, geographic, demographic or other general user information, but do not include Personal Information.

How our Services Allow Users to Share Information:
One-on-One Communications: In any one-on-one communication, users are sending information to one another. Depending on the message, this could include contact and other personal information. Our Services can be used to facilitate one-on-one communications between users. Examples include, but are not limited to:

  • Intra-system text message and chat amongst users (patients, caregivers, healthcare professionals)
  • Requesting an appointment with a healthcare provider;
  • Sending an appointment or other reminder to another user;

Video Conferencing: Video conferencing can be initiated by any user of a valid Lifeguard Account and can be used to communicate simultaneously with one or more members in the User’s Trusted Circle of Care who has a valid Lifeguard Account. A user’s Trusted Circle of Care may include healthcare providers (exceptions may apply, including “Providers” in a “Program” as defined under the Terms.) Such video conferencing services are offered to patients/proxies and their Trusted Circle of Care for healthcare and healthcare support related purposes. We reserve the right to limit the number of minutes used or, restrict use of video conferencing services by any user at any time for any reason.

Records: Our Services allow users to store personal and health information (“Records”), including Records that identify other individuals, as authorized through their informed digital consent in their Lifeguard Account, including other users’ personal and health information. Our Services permit users to share all or portions of these Records at their discretion.

What Other Users Do with Information You Share with Them: Because our Services enable users to view information you share with them, you should take care in selecting with whom you share your Records and other information. Although our Services process such information, we cannot take responsibility for the actions of other users or persons with whom you share your Records and other information.

Confidentiality of Health Information: Some of our users – such as providers – are subject to laws and regulations governing the use and disclosure of health information they create or receive. Included among them is the Health Insurance Portability and Accountability Act of 1996 (HIPAA), and the regulations adopted thereunder. When we store, process or transmit individually identifiable health information on behalf of a provider who has entered an agreement with us, we do so as its “business associate”. Under this agreement, we are prohibited from, among other things, using individually identifiable health information in a manner that the provider itself may not. We are also required to, among other things, apply reasonable and appropriate measures to safeguard the confidentiality, integrity and availability of individually identifiable health information we store and process on behalf of such providers. We are also subject to laws and regulations governing the use and information of certain personal and health information, including HIPAA, when we operate as a business associate of a provider.

Service Emails and other Communications:
When you sign-up for or log-in to one of our Protected Services, as defined in the Terms, or when you submit information on a web form or email us, you are communicating with us electronically. When you visit our websites or establish a Lifeguard Account with your Credentials, (Lifeguard Account and Credentials as defined in the Terms), we and certain third-party service providers collect information during your activity. In each case, the nature of the information we collect, the duration and manner of how we retain it, how we use it, and to whom we disclose it, is governed by this Policy and the Terms.

As part of providing our Services to you, we may need to provide you with certain communications, such as service announcements and administrative messages. Such communication may be sent within your Lifeguard Account, by email, a posting on our Services or some other mechanism. You consent to receive such communications from us electronically. If you have registered for one or more of the Protected Services, our Service announcements and administrative messages we provide you are considered part of the Protected Services themselves, which you may not be able to opt-out from receiving until you cease using, or delete your account (in your account – Settings/Edit/Delete Account), which shall deactivate your Credentials to Protected Services.

Our Services allow us to communicate with users through our push communications and Service-branded emails; and users to communicate with other users via in-product instant messaging (intra-system) services, and other electronic communication channels. Communications that are sent by or on behalf of a user are indicated as being “From” that user. Communications that are sent by us are indicated as being from us. Either type of communications may be “real time” communications or communications triggered automatically upon the occurrence of certain events or dates – such as an appointment reminder, an event escalation, and the like.

Email communications received from users and our administrative announcements are often relationship messages, such as invitations from users, appointment requests, reminders and cancellations and other plan or Service notifications. You may select to opt out of or opt in to receiving certain types of messages and email, by modifying your preferences in settings.

You agree that all agreements, notices, authorizations, disclosures and other communications that we provide to you electronically, as well as any acceptances, agreements, consents or authorizations that you provide to us electronically, satisfy any and all legal requirement(s) that such communications be in writing.

Sharing of Information

We will not share Personal Information you submit except under the following circumstances:

  • When you choose to share such information through our Services. Under certain circumstances this may require a specialized digital consent before our Services complete certain such transmissions;
  • When you are otherwise notified at the time we collect such information, or we otherwise have your express consent;
  • When you accept enrollment in a program offered by a provider that has been authorized by and has contracted with LHN to enable you to participate in “the Program”, you consent to use our Services to participate and share your Records and other information with the authorized “Provider”. Your Provider may also require you to separately agree to participation in the Program via an Informed Consent Form (“ICF”) or similar document. In such cases, you will be asked to expressly consent to the ICF or similar document to participate in the Program.
  • In connection with a sale, merger, transfer, exchange, reorganization or other disposition (whether of assets, stock, or otherwise) of all or a portion of LHN’s business and conducted by the services to which this Policy applies. If such a transaction occurs, the acquiring company’s use of your Personal Information will remain subject to this Policy; and
  • Any other purposes described in this Policy or the Terms.

The Importance of Protecting our Services and the Information they Safeguard

Many of our Services are protected by technical measures intended to safeguard the confidentiality, integrity and accessibility of sensitive information our users store and share on our Services. Further, certain circumstances (LHN security measures or regulatory) may require us to investigate potential or suspected threats on our Services or the confidentiality, integrity or availability of the information they safeguard. Accordingly, we may disclose information, under law – including personal and non-personal information to:

  • Detect, prevent and address potential or suspected: threats on our Services or the confidentiality, integrity or availability of any information they house; fraud and other illegal activity; or violations of the Terms; and
  • Protect ourselves, you and third-parties.

We may disclose Your Information in response to a search warrant, court order, subpoena, judicial proceeding or other legal process if we have a good faith belief that the law requires us to do so. In such cases we will endeavor to obtain reasonable assurances from the recipient of Your Information that it will be held confidentially and used or further disclosed only as required by law, and the recipient agrees to notify us of any instances of which it is aware in which the confidentiality of the information has been breached. Notwithstanding, such legal process may prohibit us from notifying you or other individuals or entities identified by such information or take such other actions as would otherwise be a violation of the Terms.

Security

The security of our Services and the information they store, process and transmit is a top priority. To prevent unauthorized access, maintain data accuracy, and ensure the appropriate use of the information we collect, we deploy a wide range of technical, physical and administrative safeguards, including: Secure Socket Layer (SSL) encryption, firewalls, system alerts and other information system security technologies; housing health data in secure facilities that restrict physical and network access; and regular evaluation and enhancement of our information technology systems, facilities, and information collection, storage and processing practices. We are required to apply reasonable and appropriate measures to safeguard the confidentiality, integrity and availability of individually identifiable health information residing on and processed by our Services. It is important to remember, however, that no system can guarantee 100% security at all times. Accordingly, we cannot guarantee the security of information stored on or transmitted to or from our Services.

Steps You Can Take: If we learn of a security vulnerability or risk, we may attempt to notify you and provide information on protective measures you may take. There are, however, some precautions that you can proactively take to improve your system security and reduce the likelihood of unintended disclosure of your Personal Information:

  • Use a strong password using a combination of letters and numbers that are not easily guessed. Do not share your password with others.
  • If you use a shared mobile device, always close all active programs and log out before leaving it unattended.
  • Avoid using a public wireless network, if possible. If you do use a public network, use the most restrictive wireless network settings on your device.

Children under 13

Our Services are not intended for or designed to attract or to be used by children under the age of 13, and we do not knowingly collect personal information from such children. You are not eligible to use our Services (including establishing Credentials) unless you are at least 13 years old and otherwise have the legal capacity to enter into a binding contract in your jurisdiction (whichever is an older age). If you are an unemancipated minor over the age of 13, you may only use our Services if such use has been approved of by your parent or legal guardian, you use our Services under his or her supervision, and he or she has agreed to these Terms on your behalf.

If you are the parent or guardian of an unemancipated minor, or of any child under the age of 13, you may use the Services under this Policy and accept the Terms on behalf of such minor. By doing so, you represent and warrant that you have the legal capacity to act on behalf of such minor; and you acknowledge and agree, in such capacity, that all provisions of this Policy and the Terms applicable to you are equally applicable to such minor. Under no circumstances may our Services be used by a child under 13 years old.

Without limiting the generality of the foregoing, our Services do allow users at least 18 years old – such as healthcare providers, parents and guardians as well as patient-authorized informal caregivers (family or friends) – to submit personal information about themselves or others, including minors. Such users assume full responsibility over their submission, use and transmission of such information.

United States Managed

Access to our Services is administered in the United States (“US”). You may not use our Services in any jurisdiction where offering, accessing or using our Services would be illegal or unlawful. If you are located outside of the United States, please note that the information you submit to us will be transferred to the US. By using our Services, you consent to this transfer. The User may access the Services if traveling outside the US, as long as such access can be enabled (via local internet or wireless service) and is permissible in the jurisdiction where the User is then situated.

Changes to this Policy

We work hard to continuously improve and enhance our Services. Some of these improvements and enhancements may result in changes to this Policy or the Terms. We may update or change our Services, or the provisions set forth in the Terms or this Policy from time to time and recommend that you review the Terms and this Policy on a regular basis. You understand and agree that your continued use of our Services after the Terms or this Policy have been updated or changed constitutes your acceptance of the revised Terms or Policy. Your use of our Services following any such change constitutes your agreement that all information collected from or about you through our Services after the revised Terms or Policy are posted will be subject to the then-current terms of the revised Terms or Policy. Without limiting the foregoing, if we make a change to the Terms or Policy that materially affects your use of the Services, we may post notice or notify you via email, your Lifeguard Account, or our website(s) of any such change. The most current version of the Terms and Policy shall govern and supersede all previous versions.

Viewing, Updating and Deactivating Information

Our Services aim to provide you with access to your Personal Information, which you submit and the means to update it. This can be accomplished through authorized log-in into our Services.

If you desire to deactivate your Lifeguard Account, go to your settings in your Lifeguard Account to delete. Upon taking such action, your account will be deactivated, and your Personal Information and Records will be securely archived. We retain archived information for a period of seven (7) years (or longer if required by law, or by contracted agreement with a customer or partner) as necessary to comply with legal obligations, resolve disputes and enforce our agreements and other authorized uses under this Policy and the Terms.

If you have used our Services to share your Personal Information with another user or other party and subsequently delete your Lifeguard Account, you will not be able to access, update or delete that shared information pursuant to this Policy or the Terms. Please also note that other users may submit personal information that identifies you. You will also not be able to access, update or delete that information pursuant to this Policy or the Terms. In either case, certain users – such as healthcare providers – may be required under HIPAA and other applicable laws or regulations to retain such information for extended periods of time. This means that until our agreement with such user(s) terminate(s), we may continue to retain such information on their behalf. HIPAA grants patients certain rights to access and correct certain health information their healthcare providers retain about them. Patients should submit requests to access or correct their health information directly to their healthcare providers.

You should also be aware that we may store non-personal information, including de-identified health information, as well as all information that you have shared on any of our public forums, surveys and the like.

Contact Us
You may contact us at:
Lifeguard Health Networks, Inc.
Attention: Privacy
993 Old Eagle School Road, Suite 412-C
Wayne, PA 19087