Last Updated: July 1, 2016
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 a scheduled observation, or complete an optional form);
- Uploading a document, image or other data file; or
- Authorizing us to retrieve and import information from another user or other third party on your behalf.
Engagement Support Tools and Data: Our Services also gather information whenever you log in or otherwise interact with them. As with other mobile and web based services, whenever you interact with our Services, your computer, mobile phone or tablet (a “Device”) and its software transmits a “request” to us. That request includes non-personal information received from your Device (and its software) necessary for us to identify and appropriately route the information your Device is requesting. These “requests” and “replies” are the backbone of all websites and Internet services. Therefore, whenever you:
- Open your client side application
- Interact with client side application
- Navigate through our Services
- Click on a link
- Open a webpage or web form on our website
- Open a web-enabled email sent by us
- Record a measure and/or observation
- Send a message via our interactive chat or instant message feature
- Otherwise take an action or interact with elements of our Services or its pages, content or features your Device and its software are sending non-personal information to us.
In addition to managing the appropriate routing of information, we use so-called “cookies,” “web beacons,” “server logs” and other Engagement Support Tools to enhance the quality of the service and content you receive. For example, we use Engagement Support Tools to:
- save user preferences;
- preserve session settings and activity;
- help authenticate users;
- allow users to auto-fill sign-in pages of websites they frequently visit;
- tailor the delivery of content; and
- analyze the performance of our Services and its various features and content.
Therefore, even if you do not register with us or submit any personal information on our Services, our Engagement Support Tools automatically receive information about your Device and the software running on it. We call such data Engagement Support Data.”
Engagement Support Data often includes elements such as the date and time a “request” is made, the model of the Device making the “request,” the type and version of operating system running on a Device (e.g., Mac OS or Microsoft Windows), the browser making the request (e.g., Internet Explorer, Chrome or Firefox), routing information, IP address, the Device’s geographic location, search terms a user enters, what URL a Device most recently visited, and, if a mobile application is used, an anonymous unique number. Engagement Support Data generally does not personally identify a Device’s user. However, it can be combined with personal information. If so, we treat such combined information the same way
we treat personal information. Additionally, in the event that our Engagement Support Tools collect data elements that contain personal information, we treat those data elements as personal information.
You have the ability to control how certain Engagement Support Tools operate by modifying the settings on your Device or its software. Most browsers, for example, allow you to refuse accepting cookies, and many mobile Devices allow you to disable the sending of location information. In some cases, doing these things could diminish the performance of our Services or render them inoperable. To learn more about Engagement Support Tools and how we use Engagement Data please see our Engagement Support Tools page and the section below entitled “How Information is Used.”
Third Party Tools: We work with certain third parties who deploy their own Engagement Support Tools on our Services. In some instances they do so exclusively on our behalf. In other instances, they may retain and use the data they collect pursuant to publicly available privacy policies. These Third Party Tools are frequently deployed by companies providing online advertising services or analytics, but they may be deployed in other contexts as well, such as social media plug-ins. We treat personal and non-personal information that we receive from these Third Party Tools the same way we treat personal and non-personal information that we directly collect from our Services. We, however, do not control how these third parties manage the information they gather. Please see our Third Party Tools for more information.
Personal and Non-Personal Information: Information you submit to us that identifies you or can be used to contact you (e.g., email or mailing address) is your “personal information.” This includes identifiers that a governmental authority, financial institution or insurance carrier may use to uniquely identify you (e.g., a Social Security (US), a SIN (Canada), credit card or ACH account number). 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 (including Engagement Support Data) for the following purposes:
- Operating, maintaining, managing and administering our Services, including processing registrations and payments, and providing customer support;
- Responding to questions and communications, which we retain in the ordinary course of business;
- 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 (for further information, see also “Service Emails and other Communications” below);
- Safeguarding and protecting our Services, the information they safeguard, the rights of third parties and in response to legal process, in each case, as more fully described below in “The Importance of Protecting our Services and the Information they Safeguard;” and
- Any other purpose described in this Policy or your User Agreement.
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, advertising, features or services;
- Creating new features and services;
- Contextual and cookie-based automated content delivery;
- Health and medical research; public health and service activities; healthcare- and medical-related services; and
- Other purposes described in this Policy or your User Agreement.
We may also use non-personal information to prepare aggregate reports for current or future sponsors or other 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: Our Services can be used to facilitate one-on-one communications between users. Examples include:
- Intra-system message amongst users (patients, caregivers, health care professionals)
- Requesting an appointment with a healthcare provider;
- Sending an appointment or other reminder to another user;
- Making a referral for a patient;
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. See also “Service Emails and other Communication” below.
Records: Our Services allow users to store personal and health information (“Records”), including Records that identify other individuals, including other users. Our Services permit users to share all or portions of these Records at their discretion.
You should be aware that this Policy covers only the information you submit through our Services. If you contact or exchange information with another user in person or through a means other than our Services, such activity is not covered by this Policy.
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 transmissions, 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 healthcare 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”), the Health Information Technology for Economic and Clinical Health of 2009 (“HITECH”), and the regulations adopted thereunder. When we store, process or transmit “individually identifiable health information” (as such term is defined by HIPAA) on behalf of a health care provider who has entered a Healthcare Provider User Agreement, we do so as its “business associate” (as also defined by HIPAA). 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 healthcare provider.
Service Emails and other Communications: Our Services allow users to communicate with others through our push communications, in-product instant messaging (intra-system) services, Service-branded emails, 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 or one of our account or support specialists assigned to assist you. Either type of communications may be “real time” communications or communications triggered automatically upon the occurrence of certain events or dates – such as a repeated sign-in failure, an appointment reminder, an event escalation, and the like.
Email communications received from users and our administrative announcements are often transactional or relationship messages, such as invitations from users, appointment requests, reminders and cancellations and other plan or Service notifications. You may not be able to opt out of receiving certain messages, although our Services may provide a means to modify the frequency of receiving them. In cases in which we believe user emails are not primarily transactional or relationship messages, it will include the capability to opt-out of receiving further e- mails. If you sign-up to receive marketing or informational announcements from us, such emails will include capability to opt-out of receiving such e-mails in the future.
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 (Care Plan Updates, etc.);
- When you are otherwise notified at the time we collect such information or we otherwise have your express consent;
- When we share such information with trusted service providers operating on our behalf consistent with the terms of this Policy and your User Agreement. Such service providers shall be bound by appropriate confidentiality and security obligations, which may include, as applicable, business associate contract obligations. We will not sell, rent or trade your personal information with any third parties for their promotional or marketing purposes;
- When we protect our Services, the information they safeguard, the rights of third parties and in response to legal process, as more fully described below in “The Importance of Protecting our Services and the Information they Safeguard”;
- In connection with a sale, merger, transfer, exchange, reorganization or other disposition (whether of assets, stock, or otherwise) of all or a portion of the business conducted by the services to which this Privacy 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 your User Agreement.
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 regulations 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 preserve, use and disclose information – including personal and non-personal information – when we have a good faith belief it is necessary or advisable to:
- To protect ourselves, you and third parties.
We may also preserve, use and disclose such 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. Such legal process may prohibit us from notifying the users or other individuals or entities identified by such information or take such other actions as would otherwise be a violation of your
User Agreement or this Policy. When we preserve information pursuant to this section, it may be for extended periods of time, as we in good faith believe are necessary or appropriate under the circumstances, and may include the preservation of information from accounts that have been disabled.
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 (as such term is defined by HIPAA) 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 personal information:
- Install malware detection programs that regularly scan your system and incoming traffic for malicious code – such as computer viruses, worms, Trojan Horses and spyware. Because viruses and malware are continuously created and modified, regular malware protection software typically requires frequent updates.
- Use a firewall to prevent unauthorized access to your Device.
- Because malware often targets vulnerabilities in existing operating systems, browsers, plug-ins and other programs, software vendors frequently update their products with security patches to guard against known or commonly exploited vulnerabilities. Vendors often try to alert their users and recommend immediate installation of these security patches.
- 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 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.
- If you use file-sharing programs, be sure to restrict all other folders or directories to “no share.”
- Be very cautious with any email requesting you to share personal information. On websites, look for the lock symbol on or near your browser’s address bar which signifies a secure website before supplying personal information.
Children under 13
Our Services are not intended for or designed to attract children under the age of 13, and we do not knowingly collect personal information from such children. If we learn that we have inadvertently obtained personal information from a child under the age of 13, we will delete that information as soon as practicable. If you become aware that your child has provided us with personal information without your consent, please contact us immediately at the contact information below. Should this policy change, we would comply with the Children’s Online Privacy Protection Act, which requires us to notify and obtain consent from a parent or guardian before we collect, use and disclose the personal information of children who are under 13 years of age.
Without limiting the generality of the foregoing, our Services do allow users above the age of 18 years old – such as healthcare providers, parents and guardians – to submit personal information about 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. You also consent to the transfer to and processing of any personal information by us or any of the other parties described in the section “Sharing of Information” above, whether located in the US or any other
countries, for the purposes described in this Policy, or for any other specific purposes to which you consent. If you are located in a country other than the US, you should note that, at present, the laws of the US and certain other countries have not been approved by the European Commission or privacy authorities in certain other countries as providing “adequate protection” for personal information within the meaning of the European Union Data Protection Directive or applicable laws of other countries.
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. We will post such changes along with their effective date on this page, and if the changes are significant, we will provide a more prominent notice. Because our Policy can change at any time, we encourage you to reread it periodically to see if there have been any changes that affect you. If you disagree with any changes to this Policy and do not wish your information to be subject to the revised Policy, you will need to deactivate your account before the new Policy becomes effective. 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 Policy is posted will be subject to the terms of the revised Policy.
Viewing, Updating and Deactivating Information
Our Services aim to provide you with access to the personal information you submit and the means to update it. This can be accomplished by logging into our Services or contacting us using the contact information below. Under certain circumstances, we may ask you to verify your identity before your request is processed. This will be done free of charge except where it would require a disproportionate effort. We may reject requests that are unreasonably repetitive, require disproportionate technical effort (for example, developing a new system or fundamentally changing an existing practice), risk the privacy of others, or would be extremely impractical (for instance, requests concerning information residing on backup tapes).
If you desire to deactivate your account please contact us using the contact information below. Upon your request, your account will be deactivated and your personal information and Records will be securely archived. We retain archived information for a period of five years (or longer if required by law) as necessary to comply with legal obligations, resolve disputes and enforce our agreements and other authorized uses under this Policy.
Accordingly, if you have used our Services to share personal information with another user or other party, you will not be able to access, update or delete that shared information pursuant to this Policy or your User Agreement. 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 your User Agreement. 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 User Agreement with such user(s) terminate(s), we will 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 store indefinitely non-personal information, including Engagement Support Data and de-identified health information, as well as all information that you have share on any of our public forums, blogs, communities, surveys and the like.
You may contact us at:
Lifeguard Health Networks, Inc.
993 Old Eagle School Road,
Wayne, PA 19087