Last Updated: [December 31, 2019]
II. INFORMATION COLLECTED BY OUR SERVICES – DATA SUBMITTED BY USER OR VISITOR OF KEY HEALTH WEBSITE AND/OR SERVICE.
When you use our Services, you can (depending on the Service you use) submit information by way of the following:
- Typing-in data (such as when you register for our Services, or type a message to send to us or another user, or type a search request, or complete a form);
- Uploading a document, image or other data file; or
- Authorizing us to retrieve and import information from you, another user or other third party on your behalf.
Engagement Tools and Engagement Data
Our Service also gathers information whenever you visit, log in or otherwise interact with us. As with other websites and interactive 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 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 present on all websites and Internet services. Therefore, whenever you:
- Visit and navigate through our Services;
- Click on a link;
- Open a webpage or web form;
- Open a web-enabled email sent by us;
- Send a message via our interactive chat or instant message feature; or
- Otherwise take an action or interact with elements of our Service or its pages, content or features your Device and its software are sending non-personal information to us.
Our Services also gather information whenever you visit, log in or otherwise interact with them. In addition to managing the appropriate routing of information, we use so-called “cookies,” “web beacons,” “server logs” and other Engagement Tools (“Engagement Tools”) to enhance the quality of the service and content you receive. For example, we use Engagement 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 ads and other 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 Tools automatically receive information about your Device and the software running on it. We call such data Engagement Data (“Engagement Data”).
Engagement 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, the browser making the request, routing information, IP address, geolocation, search terms a user enters, what URL a Device most recently visited, and, if a mobile application is used, an anonymous unique number. Engagement Data can also include Internet or other electronic network activity information, including, but not limited to, browsing history, search history, and information regarding a consumer’s interaction with an Internet website, application, or advertisement. Engagement Data can be combined with personal information. If so, we treat such combined information the same way we treat personal information.
You have the ability to control how certain Engagement 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 Tools and how we use Engagement Data please see the section below entitled “How Information is Used.”
Do Not Track Disclosures
Various third parties are developing or have developed signals or other mechanisms for the expression of consumer choice regarding the collection of information about an individual consumer’s online activities over time and across third-party websites or online services (e.g., browser “do not track” signals). Currently, we do not monitor or take any action with respect to these signals or other mechanisms.
Online Tracking By Third Parties
Third-party analytics and other service providers, such as Google Analytics, may set and access their own tracking technologies on your Device and they may otherwise collect or have access to information about you and track you over time and across third party websites. These service providers use tracking technologies to help us analyze how users use our Service. We are not responsible for those third party technologies or activities arising out of them. However, some third parties may offer you certain choices regarding their practices.
For example, to learn about opting out of Google Analytics, please visit https://tools.google.com/dlpage/gaoptout. We are not responsible for the effectiveness of or compliance with any third parties’ opt-out options. If you choose to opt out of the use of Google Analytics, Google will no longer collect and analyze information via cookies associated with your browser for these services. When you opt out, Google will place opt-out cookies on your browser. If you delete your cookies, change browsers, or change devices, you will need to repeat this opt-out process. Also, please note that this opt-out process will work only if your browser is set to accept all cookies. We may still use Google Analytics services to create promotions and apps within social networks after you opt out. These services do not rely on collecting and analyzing information via cookies. To learn more about your choices for these services, review the options your social network provides.
You can obtain information about which third parties have currently enabled cookies and how to opt-out of some of those cookies by visiting the Network Advertising Initiative’s website at http://optout.networkadvertising.org; or the Digital Advertising Alliance’s website at http://optout.aboutads.info. For more information on mobile-specific opt-out choices, please visit http://www.networkadvertising.org/mobile-choices.
Third Party Tools
We work with certain third parties who deploy their own engagement tools on our Services (“Third Party Tools”). 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.
III. 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.” We collect the following categories of personal information about you:
- Personal identifiers, including name, telephone number, address, email, Social Security number, driver’s license number, and date of birth.
- Case information, including account numbers.
- Characteristics, including gender and sex.
- Medical information, including medical procedures, diagnosis, and treatment information as well as appointment history.
- Other information that identifies, relates to, describes, is capable of being associated with, or could reasonably be linked, directly or indirectly, with you.
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 Data) 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, such as tailored ads or search results;
- 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 advertisers, 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.
IV. CONSENTS AND AUTHORIZATIONS.
From time to time, we may request your consent or authorization (your “consent”) in connection with the use or sharing of your information. In some instances, this will be because your User Agreement, this Policy or applicable law or regulations requires us to obtain such consent. In other instances, such consent will be for informational purposes. In the latter case, the request to obtain your consent should not be interpreted as narrowing the scope or applicability of your User Agreement or this Policy – by entering into your User Agreement or using the applicable Services, you have accepted and agreed to our information handling practices in the manner described in your User Agreement and this Policy.
In cases where you consent or “opt-in” to the use or sharing of your personal information in a manner that is not otherwise provided for in your User Agreement or this Policy, unless otherwise explicitly stated in such consent, you will have the ability to rescind your consent and “opt-out” of our use or sharing of such information in the future. In that event, we will refrain from our use or sharing of such information, but we may not be able to require the removal of such information from the databases of the recipients with whom such information has been shared.
V. HOW OUR SERVICES ALLOW USERS TO SHARE INFORMATION DIRECTORIES AND LOCATION TOOLS.
If you are a health care provider or healthcare-related service provider who has entered into a User Agreement with us, your contact and directory information may be listed in one or more of our public and professional directories. These directories include profile information (e.g., contact, specialty and other information) and other features that allow users to locate and contact them. If you seek to contact or schedule an appointment with a provider listed in one of our directories, the provider will need your name, contact information, as well as other information.
Our Services can be used to facilitate one-on-one communications between users. Examples include:
- Requesting an appointment with a health care provider;
- Sending an appointment or other reminder to another user;
- Sending information relating to patient accounts and cases.
- Sending a prescription to a pharmacy; or
- Sending a test requisition to a clinical laboratory.
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” sections below.
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 share 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.
VI. CONFIDENTIALITY OF HEALTH INFORMATION.
Some of our users – such as health care 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. We sometimes perform certain services or activities on behalf of medical providers that require us to receive, use, disclose, transmit and/or maintain certain individually identifiable health information that is protected by HIPAA. When we do so, we are functioning as a “business associate” (as defined by HIPAA) of those medical providers and will protect the privacy and security of that information as required by HIPAA.
We may also receive, access, use, disclosure, transmit and maintain individually identifiable health information when we are not functioning as a business associate. For instance, you may sign an authorization permitting your medical provider and/or us to use and disclosure health information for purposes described in the authorization. In such instances, we are not functioning as a business associate and our use and disclosure of your health information is not protected by HIPAA.
VII. SERVICE EMAILS AND OTHER COMMUNICATIONS.
Our Services allow users to communicate with others through our in-product instant messaging services, Service-branded emails, SMS 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 and the like.
Electronic messages received from users and our administrative announcements are often transactional or relationship messages, such as appointment requests, reminders and cancellations and other treatment 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 announcements from us, such emails will include the capability to opt-out of receiving such e-mails in the future.
On occasion, Key Health will communicate marketing information, operational updates and other information to Users via electronic mail. Users agree that such transmissions are important means of communication between Key Health and Users and shall not be considered junk faxes or unsolicited advertisements as defined by the Telephone Consumer Protection Act of 1991 or other applicable state or federal laws or regulations.
Surveys and Ratings
From time to time we ask users to submit surveys or ratings to assist healthcare providers and others in improving their operations or to assist other users in making informed choices. The content of such surveys or ratings, therefore, should be presumed public. When we make such survey and ratings requests, we let users know how their responses will be used. As with communities and public forums, we strongly advise users to exercise care in selecting what information they share in a survey or similar communication, and strongly recommend against sharing any personal health or other sensitive information that could directly or indirectly be traced to any individual, including yourself.
Our Services may deploy Engagement Tools (such as “cookies,” “web beacons” and “server logs”) on outbound emails to users and others to collect Engagement Data, and we may use vendors to assist us in sending outbound emails to users who may deploy Third Party Tools.
Emails and Other Communications
Emails and other communications from individuals who are not users of our Services, or that are being sent in connection with business, agreements or subject matter other than your User Agreement or your use of our Services, are not covered by this Policy. If, for example, you contact us regarding a job opening, that communication to us is not covered by this Policy even though that job opening may have been posted on our Services. Likewise, if you submit to us any ideas, suggestions or proposals (collectively, “Suggestions”) relating to our Services or other products or services by any means – such as through “Contact Us,” by email or other communication channels, one of our communities or user forums, or to our customer support or other personnel – such Suggestions are not governed by this Policy.
VIII. 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 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 your account has been issued by an account administrator with administrative rights over your account, your account administrator will have access to your account information, including your personal information. Your account administrator may: (i) receive and retain your account information, (ii) change your account password, (iii) restrict your ability to submit, delete or edit information; (iv) suspend or terminate your account access, or (v) access or retain information you submit or otherwise stored as part of your account for any purposes required or permitted under applicable law;
- When we share such information with our current and future affiliates;
- When we use third party service providers. We may use third-party service providers to perform certain services on behalf of us or the Services, such as: (a) to assist us in operations; (b) to manage a database of customer information; (c) hosting the Service; (d) designing and/or operating the Service’s features; (e) tracking the Service’s activities and analytics; (f) enabling us to send you special offers or perform other administrative services; and (g) other services designed to assist us in maximizing our business potential. We may provide service providers with access to your Information to carry out the services they are performing for you or for us;
- 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
- It is important for you to understand that other users who submit to, or receive from, our Services personal information about you, may share that information with other persons, even without separately notifying you or seeking your consent; and
- For our legitimate business purposes as permitted by law, including sharing for any other purpose described in this Policy or your User Agreement.
To limit sharing of personal information where possible, you may submit such requests by contacting us at www.keyhealth.net/privacy-rights or call the toll-free number (866) 871-7741. We do not sell personally identifiable information, and we will not sell personally identifiable information except as described in this Policy. If we ever decide to sell personally identifiable information, we will provide you with notice and a right to opt-out of such sale.
IX. 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.
We endeavor to make security of our Services and the information they collect, store, process and transmit 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. Under our Healthcare Provider User Agreement and applicable law, 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.
- When participating in one of our communities, blogs, forums, surveys or other open communication platforms, exercise care in selecting what information you share, particularly personal or health information.
XI. 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.
XII. UNITED STATES ONLY.
Access to our Services is administered in the United States (“US”) and are intended for users in the 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 US, 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.
XIII. THIRD PARTY SERVICES.
This Policy applies only to our Services. It does not apply to services offered by third parties, including websites and other online services that our Services may display links to or advertisements for. When you click on such links or advertisements, you will be visiting websites or interactive services operated by third parties, who have their own information collection practices and may also collect information through the use of tracking tools, such as cookies, web beacons, server logs and the like. When you click on or interact with an ad appearing in our Services, the advertiser or sponsor may infer that you meet targeting criteria that they may have used in connection with the sponsoring such ad. This may lead to similar ads being targeted to you on our Services or elsewhere. We do not have control over how any third party gathers or uses information, so you should review their privacy policies to learn of their information gathering and handling practices.
XIV. CHANGES TO THIS POLICY.
XV. 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 as permitted by law) as necessary to comply with legal obligations, resolve disputes and enforce our agreements and other authorized uses under this Policy.
Please note that, unless you are an administrator who has administrative rights over another user’s account pursuant to a Healthcare Provider User Agreement, you are not entitled to review the content of another user’s account. 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 Data and de-identified health information, as well as all information that you have shared on any of our public forums, blogs, communities, surveys and the like.
Should you have any questions or complaints about the practices described in this Policy, you may contact us at:
Key Health Medical Solutions, Inc.
30699 Russell Ranch Road, Suite 175
Westlake Village, CA 91362 USA
XIII. California Privacy Rights
Under the California Consumer Privacy Act, California residents have the right to:
- Request that a business delete any personal information about the consumer which the business has collected from the consumer.
- Request that a business that collects personal information about the consumer disclose to the consumer, free of charge, the following:
- The categories of personal information that it has collected about that consumer.
- The categories of sources from which the personal information is collected.
- The business or commercial purpose for collecting or selling personal information.
- The categories of third parties with whom the business shares personal information.
- The specific pieces of personal information it has collected about that consumer.
- Request that a business that sells the consumer’s personal information, or that discloses it for a business purpose disclose, free of charge, to the consumer:
- The categories of personal information that the business collected about the consumer.
- The categories of personal information that the business sold about the consumer and the categories of third parties to whom the personal was sold, by category or categories of personal information for each third party to whom the personal information was sold.
- The categories of personal information that the business disclosed about the consumer for a business purpose.
- Direct a business that sells personal information about the consumer to third parties not to sell the consumer’s personal information.
You may submit such requests by contacting us at www.keyhealth.net/Home/privacy-rights or call the toll-free number (866) 871-7741. When calling the toll-free number, you will be required to verify your identify by confirming three of the following pieces of information: name; telephone number; city and state; ZIP code; attorney name or law firm; or date of loss or procedure.
You may also designate an authorized agent to make such requests on your behalf by calling the toll-free number (866) 871-7741.
We will not discriminate against you because you exercise any of your California privacy rights.