Healthcare Shares Health, PBC. PRIVACY POLICY
Please read this Privacy Policy(“Privacy Policy”) carefully. To use the Services as defined in our
Terms and Conditions, you, as a User of the Services as defined in the HealthcareShares Health Terms
and Conditions (“Terms & Conditions”) referenced below, must consent tothis Privacy Policy.
If
you do not consent to the terms of the Privacy Policy, please do not access oruse the Services.
This Privacy Policy incorporates by reference our HIPAA Notice of Privacy Practices
INTRODUCTION
1. Yourprivacy is important to Healthcare Shares Health, and Healthcare Shares Healthis committed to carefully managing your individually identifiable information(“Personal Information”) in connection with the Services that Healthcare SharesHealth provides. “Personal Information” means any information that may be used,either alone or in combination with other information, to personally identifyan individual, including, but not limited to, a first and last name, a personalprofile, an email address or other contact information. This Privacy Policydescribes the information practices for Healthcare Shares Health, includingwhat type of information is gathered and tracked, how the information is used,and with whom the information is shared. Healthcare Shares Health is committedto protecting the privacy of the data you provide in the Service asappropriate, but at the same time encouraging you to interact with and shareinformation about your progress with other users using the Services.
2. Healthcare Shares Health is also committed to protecting theprivacy of your protected health information (“Protected Health Information”).“Protected Health Information” is a subset of Personal Information that isinformation about you, including demographic information, that may identify youand that relates to your past, present or future physical or mental health orcondition; related health care services; or related to the past, present, orfuture payment for the provision of health care to you.
3. For a description of how we may use and disclose your ProtectedHealth Information to carry out treatment, payment or health care operationsand for other purposes that are permitted or required by law, including theHealth Insurance Portability and Accountability Act of 1996 (“HIPAA”), pleaserefer to our HIPAA Notice of Privacy Practices (“HIPAA Notice”). Any conflictbetween this Privacy Policy and the HIPAA Notice with respect to such submittedProtected Health Information shall be governed by the HIPAA Notice.
4. Each User’s participation is also governed by the Healthcare SharesHealth Terms and Conditions which is entered into and agreed to by each Userprior to using the Website and the Mobile App. Unless we define a term in thisPrivacy Policy, all capitalized terms used in this Privacy Policy have the samemeanings set forth in our Terms & Conditions.
Information That Healthcare SharesHealth Collects
5. Personal Information. We have implemented this Privacy Policy because yourprivacy, and the privacy of other Service users, is important to us. We operatein accordance with applicable data protection legislation and regulations. Werecognize the importance of protecting the privacy of Personal Informationcollected about our users. This Privacy Policy discloses what PersonalInformation we gather, how we use it, and how you can correct or change it. Itis our intention to give you as much control over your Personal Information aspossible to preserve your privacy, while still allowing us to utilize thatPersonal Information in the course of our business to provide you a valuableservice.
6. Consent and Modification. By using the Service, youconsent to the terms of this Privacy Policy and to our processing of PersonalInformation for the purposes set forth herein. If you do not agree to thisPrivacy Policy, please do not use the Service. We reserve the right, at ourdiscretion, to change this Privacy Policy at any time, which change shallbecome effective upon posting by the Company on the Website, the Mobile App,via the Service or sending you an email or other notification. You will bedeemed to have agreed to Additional Terms (as defined in the Terms &Conditions) by your decision to continue accessing the Mobile App or theWebsite or otherwise using any of the Services following the date in which suchAdditional Terms become effective. By using the Services, you also consent toour use of Personal Information both retrospectively and prospectively.
7. Receipt and Collection of Information. We collectPersonal Information from Users. In each case, you will only be required toprovide the Personal Information that we need in order to be able to providethe services you have requested. You may be entitled under data protection lawsto access and review the Personal Information that we hold on you, if youprovide the necessary consent and background information and pay any mandatedfee. All such communications regarding access to your personal data should beaddressed to: Laurence.girard@healthcareshares.com . Such inquiries shouldclearly be marked as data protection queries and as being time sensitive.
In particular, we receive and/or collect Personal Information from you in thefollowing ways: Healthcare Shares Health may collect and process Personal Information when User registers for or uses the Services. Healthcare Shares Health may collect and process certain Personal Information from User such as the User’s name, telephone number, e-mail address, mailing address, telephone number, user name, and password. Healthcare Shares Health uses the Users’ Personal Information that Healthcare Shares Health collects for the following general purposes: to fulfill User’s request for use of certain features of the Website and/or the Mobile App, to conduct surveys, and for Healthcare Shares Health’s billing purposes. Healthcare Shares Health may also collect and process Personal Information relating to User’s use of the Services and any details of any e-mail correspondence or any other social media interactions that User has with Healthcare Shares Health. Healthcare Shares Health will collect only as much Personal Information as Healthcare Shares Health needs for the purposes specified in this Privacy Policy, for purposes specified at the time of collection of the Personal Information, or for other purposes that you consent to in the future.8. PersonalHealth Information. Healthcare Shares Health may obtain your personalhealth information from your health care provider upon User’s request and priorapproval. Healthcare Shares Health may collect certain personal healthinformation [through connected devices and by other means] such as User’sheight, weight, blood pressure, blood glucose and gender, and display User’sbiometrics to User based on these inputs.
9. Demographic & Non-Identifying Information. Healthcare SharesHealth may collect and process demographic information from or about User fromtime to time, such as information about User’s gender, age, country, and zipcode (“Demographic Information”). Healthcare Shares Health may collect thisinformation through various forms and in various places in the Services,including account registration forms, contact forms, or when User otherwiseinteracts with the Website and/or the Mobile App. To the extent that HealthcareShares Health combines any non-personally identifiable Demographic Informationwith User’s Personal Information that Healthcare Shares Health collectsdirectly from User on the Website and the Mobile App, Healthcare Shares Healthwill treat the combined data as Personal Information under this PrivacyPolicy. Healthcare Shares Health also collects data about User, includingabout User’s make-up, fitness level, health indicators, and related informationthat does not identify User and that enables User to fully participate in theService.
10. Information Healthcare Shares Health Collects or Stores as User Accessesand Uses the Services. In addition to any Personal Information orother information that User chooses to submit to Healthcare Shares Health via HealthcareShares Health’s Services, Healthcare Shares Health and Healthcare SharesHealth’s third party service providers may use a variety of technologies thatautomatically (or passively) store or collect certain information whenever Uservisits or interacts with the Services (“Usage Information”). This UsageInformation may be stored or accessed using a variety of technologies that maybe downloaded to User’s personal computer, browser, laptop, tablet, mobilephone or other device (“Device”) whenever User visits or interacts with HealthcareShares Health’s Website or the Mobile App. To the extent Healthcare SharesHealth associates Usage Information with User’s Personal Information HealthcareShares Health collects directly from User on the Website, Healthcare SharesHealth will treat it as Personal Information.This Usage Information mayinclude: User’s IP address, UDID or other unique identifier (“Device Identifier”). A Device Identifier is a number that is automatically assigned to User’s Device used to access the Website or Mobile App, and Healthcare Shares Health’s computers identify User’s Device by its Device Identifier; User’s Device functionality (including browser, operating system, hardware, mobile network information); User’s subscription level; the URL that referred User to Healthcare Shares Health’s Website; the areas within Healthcare Shares Health’s Website or Mobile App that User visits and User’s activities there, including remembering User, User’s preferences and pages User requested and/or viewed; User’s Device location; User’s Device characteristics; andcertain other Device data, including the time of day, among other information.
TRACKING TECHNOLOGIES
11. HealthcareShares Health may use various methods and technologies to store or collectUsage Information (“Tracking Technologies”). Tracking Technologies may set,change, alter or modify settings or configurations on User’s Device. Thisinformation may be shared with partners in order to accomplish various healthand business purposes, including but not limited to a) measuring and improvingthe user experience, b) capturing user participation and adherence to thetreatment logic of the application, c) measuring completion of variousmilestones tied to health or business outcomes, d) auditing participation andperformance of individual participants, for both health and billing purposes.
USE OF PERSONAL INFORMATION
12. Exceptas set forth in this Privacy Policy or as specifically agreed to by User, HealthcareShares Health will not disclose any information Healthcare Shares Healthgathers from User. Except as set forth in this Privacy Policy, HealthcareShares Health does not share User’s Personal Information with third parties forthose third parties’ direct marketing purposes. Healthcare Shares Health mayprovide to third parties information about User that does not allow User to beidentified or contacted, including where such information is combined withsimilar information of other users of Healthcare Shares Health’s Website,Mobile App and Services. For example, Healthcare Shares Health might informthird parties regarding the number of unique users who visit and/or use HealthcareShares Health’s Services, the demographic breakdown of the registered users of HealthcareShares Health’s Services, or the activities that users engage in while on HealthcareShares Health’s Website or Mobile App.
13. Healthcare Shares Health may use User’s information that HealthcareShares Health collects about User: to contact User occasionally to inform User of new Services features, or news or articles Healthcare Shares Health thinks will be of interest to User. Healthcare Shares Health may send User regular updates on issues Healthcare Shares Health thinks will be of interest to User; to contact User with regard to User’s use of the Services and, in Healthcare Shares Health’s discretion, changes to the Services and/or the service policies; for internal business purposes; for purposes disclosed at the time User provides User’s information or as otherwise set forth in this Privacy Policy; to provide User with information or services or process transactions that User has requested or agreed to receive including to send User electronic newsletters; to provide User with marketing materials or relevant advertising, promotions and recommendations from Healthcare Shares Health or our business partners; to enable User to participate in a variety of the Service features; to process User’s account registration, including verifying User’s information is active and valid; to identify User as the author of any comments that User sends to Healthcare Shares Health to be posted on the Website or Mobile App; to ensure that content on the Website and Mobile App is presented in the most effective manner for User and for User’s computer or mobile device; to provide User with information relating to any events held by Healthcare Shares Health, where User has consented to be contacted for such purposes; and to provide User with access to User’s personal account.User can always opt out of utilizingthe Service, and accordingly opt out of Healthcare Shares Health’s use ofUser’s Personal Information, by sending an email to laurence.girard@healthcareshares.com.
DISCLOSURE OF INFORMATION TO THIRDPARTIES14. HealthcareShares Health may share User’s Personal Information, including performancemeasurement information associated with User’s name that is collected orgenerated at the Website, Mobile App or through the Services.
15. Personal Information may occasionally be transferred to thirdparties who act for Healthcare Shares Health for further processing inaccordance with the purposes for which the data was originally collected or forpurposes to which User has subsequently consented. For example, sometimes athird party may have access to User’s Personal Information in order to support HealthcareShares Health’s information technology or to handle mailings on HealthcareShares Health’s behalf. If Healthcare Shares Health transfers User’s PersonalInformation to an outside agent or organization for such purpose, HealthcareShares Health will take appropriate measures in an effort to protect User’sprivacy and the Personal Information Healthcare Shares Health transfer.
16. Healthcare Shares Health may, in Healthcare Shares Health’ssole discretion, share or transfer Personal Information where permitted orrequired by law, to comply with legal process, to interact with anti-frauddatabases, to protect User’s vital interests, to protect the security orintegrity of Healthcare Shares Health’s databases or the Website and the MobileApp, to enforce the Terms & Conditions or protect the business orreputation of Healthcare Shares Health and/or its Business Customers, to takeprecautions against legal liability, to protect and defend the rights orproperty of Healthcare Shares Health and/or its Business Customers, forrequired institutional risk control, or for resolving disputes, inquiries orcomplaints with respect to User’s use of the Website, Mobile App and Services.
17. Healthcare Shares Health reserves the right to disclose andtransfer all Personal Information: (i) to an operator of the Website or MobileApp or applicable database provided such entity agrees to be bound by the termsand conditions hereof to the extent applicable; or (ii) to a successor ininterest of Healthcare Shares Health in connection with a merger,consolidation, restructuring, change of control, the sale of substantially allof Healthcare Shares Health’s interests and/or assets or other organizationalchange, including, during the course of any due diligence process, providedsuch successor entity agrees to be bound by the terms and conditions hereof.
USER CONTENT18. “UserContent” is any content, materials or information (including withoutlimitation, any text, information, graphics, messages, photos, images ornutritional information), data, questions, comments, suggestions or othercontent, including personally identifiable information that you upload, send,email, display, perform, distribute, post or otherwise transmit to us, at ourrequest or on your own, on or through the Services.
19.1. Healthcare Shares Health or others may store, display,reproduce, publish, distribute or otherwise use User Content online or offlinein any media or format (currently existing or hereafter developed) and may ormay not attribute it to User.
19.2. When the User posts information in places accessible toOthers, Others may have access to this User Content and may have the ability toshare it with third parties. Please think carefully before deciding whatinformation User shares, including Personal Information, in connection withUser’s User Content. Be aware that public postings (including group messagingwith other Users) are not confidential. Please note that Healthcare SharesHealth does not control who will have access to the information that Userchooses to make public, and cannot ensure that parties who have access to suchpublicly available information will respect User’s privacy or keep it secure. HealthcareShares Health is not responsible for the privacy or security of any informationthat User makes publicly available on the Service, the Mobile App or Website orwhat others do with information User shares with them on the Mobile App andWebsite.
20. Healthcare Shares Health is not responsible for the accuracy,use or misuse of any User Content that User discloses or receives from thirdparties through the Service.
21. Healthcare Shares Health may also publish User’s name, voice,likeness and other Personal Information that is part of User’s User Content,and Healthcare Shares Health may use the content, or any portion of thecontent, for advertising, marketing, publicity and promotional activities,provided that Healthcare Shares Health will not exercise such rights as to anyUser Content which identifies User in a public manner unless User provides aseparate consent to Healthcare Shares Health in writing (email is sufficient)authorizing such use.
ANONYMOUS INFORMATION
22. We mayuse Anonymous Information (as defined below), or disclose it to third partyservice providers, to provide and improve the Service. We may also discloseAnonymous Information (with or without compensation) to third parties,including advertisers and partners, for purposes including, but not limited to,targeting advertisements. “Anonymous Information” means information which doesnot enable identification of an individual user, such as aggregated informationabout use of the Service.
By using the Services, you also consent toour use of Anonymous Information both retrospectively and prospectively.
INFORMATION COLLECTION AND CHILDREN
23. TheService is neither directed to nor structured to attract children under the ageof 13 years. Accordingly, we do not intend to collect Personal Information fromanyone we know to be under 13 years of age. We will direct potential usersunder 13 years of age not to use the Service. If we learn that PersonalInformation of persons less than 13 years of age has been collected withoutverifiable parental consent, then we will take the appropriate steps to deletethis information.
SECURITY24. Thesecurity of your Personal Information is important to us. We follow generallyaccepted industry standards, including the use of appropriate administrative,physical and technical safeguards, to protect the Personal Informationsubmitted to us. However, no method of transmission over the Internet, ormethod of electronic storage, is 100% secure. Therefore, while we strive to usecommercially acceptable means to protect Personal Information, we cannotguarantee its absolute security or confidentiality.
25. Please be aware that certain Personal Information and otherinformation provided by you in connection with your use of the Services may bestored on your device (even if we do not collect that information). You aresolely responsible for maintaining the security of your device fromunauthorized access.
SECURITY24. HealthcareShares Health reserves the right to amend this Privacy Policy at any time asneeded with notice provided to User. Changes will take effect upon User’sacceptance of the modified terms and User’s continued use of the Website,Mobile App and/or Services.
Notice of HIPAA Privacy Practices
This publication of this Notice of Privacy Practices (“Notice”) isrequired by the Health Insurance Portability and Accountability Act of 1996(“HIPAA”). It describes how the Healthcare Shares Health Diabetes Preventionand Weight Loss program that Healthcare Shares Health, P.B.C. provides(collectively, “Healthcare Shares Health”, “we,” “us,” or “our”) may use anddisclose your “Protected Health Information,” which is defined as informationabout you, including demographic information, that may identify you and thatrelates to your past, present or future physical or mental health or condition;related health care services; or related to the past, present, or futurepayment for the provision of health care to you.
HIPAA requires us to adhere by the terms of this Notice of Privacy Practices.We may change the terms of our notice at any time and those revised terms willapply to your Protected Health Information. You acknowledge receipt of thisNotice by accepting our Terms & Conditions for using the Services providedby Healthcare Shares Health.
As set out in our Privacy Policy, you have agreed to our Privacy Policy byuse of the Services.UTILIZATION OF PROTECTED HEALTHINFORMATION1. YourProtected Health Information may be used and disclosed by Healthcare SharesHealth and its business associates (collectively, “Healthcare Shares Health”)as defined in our Privacy Policy, and by others outside Healthcare SharesHealth that are involved in your care and treatment for the purpose ofproviding health care services to you.
2. Examples of usage of your Protected Health Information includes,but is not limited to, the following: Payment: Your Protected Health Information may be used to obtain payment for your health care services from third parties. Support Operational Activities: Including, but not limited to, quality assessment activities, review activities, training, licensing, and conducting or arranging for other business activities. Sharing with Business Associates: We may share your Protected Health Information with “business associates” or other third parties that perform billing and healthcare services for Healthcare Shares Health. We have in place business associates agreements that protect the privacy of your Protected Health Information. Disclosure Required By Law: Such use or disclosure will be made in compliance with the law and you will be notified by us of such use. Public Health: We may disclose your Protected Health Information for public health activities and purposes to a public health authority that is permitted by law to collect or receive the information. Health Oversight: Similarly, we may disclose Protected Health Information to a health oversight agency for activities authorized by law, such as audits, investigations, and inspections. Oversight agencies seeking this information include government agencies that oversee the health care system, government benefit programs, other government regulatory programs and civil rights laws. Law Enforcement: We may disclose Protected Health Information, so long as applicable legal requirements are met, for law enforcement purposes. Threat to Public Safety: Consistent with applicable federal and state laws, we may disclose your Protected Health Information if we believe that the use or disclosure is necessary to prevent or lessen a serious and imminent threat to the health or safety of a person or the public. Information Not Personally Identifiable. We may use or disclose your Protected Health Information in ways that do not personally reveal your identity.3. By using the Services,you consent to our use of Protected Health Information as describedherein both retrospectively and prospectively.INSPECTION OF PROTECTED HEALTHINFORMATION AND RESTRICTIONS ON ITS USE4. Youhave the right to inspect and copy your Protected Health Information subject toapplicable legal restrictions. You may inspect and obtain a copy of yourProtected Health Information as long as we maintain it.
5. You have the right to request a restriction on the use ordisclosure of your Protected Health Information. This means you may ask us notto use or disclose any part of your Protected Health Information for thepurposes of treatment, payment or healthcare operations. If Healthcare SharesHealth believes it is in your best interest to permit use and disclosure ofyour Protected Health Information, however, your Protected Health Informationwill not be restricted.
6. You have the right to request to receive confidentialcommunications of your Protected Health Information from Healthcare SharesHealth by alternative means or at an alternative location and we willaccommodate reasonable requests.ELECTRONIC COMMUNICATIONS7. Youmay always contact us at Laurence.girard@healthcareshares.com and choose tocommunicate with us electronically. However, we warn you that we can make noguarantee that the email will be or will remain encrypted during the datatransfer, and that there may be some level of risk that the information in theemail could be read by a third party. By communicating with us via email, and,especially by making a request(s) to receive your information via unencryptedemail, you acknowledge that you are aware that email is not a secure method ofcommunication, and that you agree to the risks.COMPLAINTS8. Youmay complain to us or to the Secretary of Health and Human Services if youbelieve your privacy rights have been violated by us. You may file a complaintwith us by notifying our Privacy Contact of your complaint by delivering yourcomplaint to the following address: Laurence.girard@healthcareshares.com