We intend to provide our Services in India. Accordingly, this Policy, and our collection, use, and disclosure of your Personal Information (as defined below) is governed by Indian laws. We do not represent or warrant that the Application, or any functionality or feature thereof, is appropriate or available for use in any particular jurisdiction. If you choose to access or use the Application from outside India, you do so on your own initiative and at your own risk, and are responsible for complying with all local laws, rules and regulations. By using the Application and submitting any Personal Information from outside the India, you acknowledge that the Application is subject to Indian law and consent to the transfer of your Personal Information to India, which may provide a different level of data security than in your country of residence.
Personal Information We May Collect
In order for you to use the Services, we may require you to provide us with information that identifies you as an individual (“Personal Information”). We and our service providers may collect Personal Information from you that includes, but is not limited to: (1) your name and your contact data (such as your e-mail address, phone number, billing and physical addresses, and your Application login and password); (2) demographic data (such as your gender, your date of birth and your zip code); (3) insurance information (such as your insurance carrier and insurance plan); (4) payment information (such as your credit or debit card number); (5) confirmation that your Provider provided services to you; and (6) health and medical data (such as the previous doctors, dentists or other health care providers you visited, your reason for visiting those providers, your date of visiting providers, your medical history and condition, and other medical and health information you choose to share with us) that you provide through the Application. If you communicate with us by, for example, e-mail or letter, any information provided in such communication may be collected as Personal Information.
In addition to the information that we collect directly from you, we may also collect certain Personal Information about you from or on behalf of your Providers. We use and disclose this information only in accordance with your express authorization, which we request from you through a separate document when you sign up to use the Application. Please be aware that if you do not provide your authorization, or if you subsequently withdraw your authorization, you may not be able to use the Services through the Application, but may continue to receive services from a Provider outside of the Application.
We may also collect precise information about the location of your mobile device with your consent. Please see below under “How We Collect Non-Personal Information” for additional information about our collection of location information.
How We May Use Personal Information
We and our third-party service providers may use Personal Information to :
- respond to your inquiries and fulfill your requests, such as to arrange transportation for a house call or to establish a telephone conference;
- send to you administrative information, including information regarding the Application, and changes to our terms, conditions and policies;
- schedule and provide services related to the scheduling of house call appointments, for example, to send to you appointment confirmation; communicate with you and your Providers regarding your health status, appointments and related services provided by your Provider; obtain or facilitate payments for appointments and related services provided by your Provider and send you payment receipts; and provide you with related customer service;
- confirm that services you request were provided to you by your Providers;
- send to you marketing communications that we believe may be of interest to you;
- [allow you to send messages to a friend through the Application (please note that, by using such functionality, you are agreeing that you have the right to provide to us your friend’s name and e-mail address for such purpose);
- personalize your experience on the Application by presenting products and offers tailored to you;
- further our business purposes, such as quality assessment, data analysis, audits, developing new products, enhancing the Application, improving our services, identifying usage trends, developing tools which help you assess the performance, competence and qualifications of healthcare professionals and conducting training programs for such professionals, and determining the effectiveness of our promotional campaigns; and
Our use of your Personal Information may also be subject to certain restrictions set forth in an agreement between us and your Provider.
How Personal Information May Be Disclosed
Your Personal Information may be disclosed to :
- our third-party service providers that provide services such as hosting of the Application, data analysis, IT services and infrastructure, customer service, e-mail delivery, auditing and other similar services;
- Providers, including your Providers, to schedule and fulfill appointments and provide healthcare services and confirm those services were delivered to you;
- third parties, to permit them to send marketing communications to you regarding our products or services or the services of your Providers;
- [identify you to anyone to whom you send messages through the Application;]
- for other treatment, payment or health care purposes of your Provider;
- a third party in the event of any reorganization, merger, sale, joint venture, assignment, transfer, liquidation or other disposition of all or any portion of our business, assets or stock (including in connection with any bankruptcy or similar proceeding); and
Our disclosure of your Personal Information may also be subject to certain restrictions set forth in an agreement between us and your Provider.
a. Non-Personal Information We May Collect
“Non-Personal Information” is any information that does not reveal your specific identity. The types of Non-Personal Information that we collect are described in more detail below under “How We Collect Non-Personal Information.”
b. How We Collect Non-Personal Information
We and our third-party service providers may collect Non-Personal Information in a variety of ways, including:
- Through your device : Certain information is collected automatically through your device, such as your operating system name and version, device manufacturer and model, device identifier, language, the name and version of the software application you are using. We use this information to ensure that the Application functions properly and to understand usage of the Application.
- Through server log files : Your “IP Address” is a number that is automatically assigned to the device that you are using by your Internet Service Provider (ISP). An IP Address is identified and logged automatically in our server log files whenever a user uses the Application, along with the time of the use and the pages visited within the Application. We use IP Addresses for purposes such as helping to calculate Application usage levels, diagnose server problems and administer the Application.
- Physical Location : If you give us your consent, we may collect information about the physical location of your device, for example, using your device’s GPS functionality. We may use such information to provide you with personalized location-based services and content (for example, information regarding local Providers). We may also share your device’s physical location, combined with information about what advertisements you viewed and other information we collect, with our marketing partners to enable them to provide you with more personalized content and to study the effectiveness of advertising campaigns. You will be permitted to allow or deny such uses and/or sharing of your device’s location, but if you choose to deny such uses and/or sharing, we and/or our marketing partners may not be able to provide you with the applicable personalized services and content.
- From you : We may collect Non-Personal Information such as your general geographic location, as well as other information, such as your preferred means of communication, when you voluntarily provide such information to us. Unless combined with Personal Information, this information does not personally identify you or any other user of the Application.
- By de-identifying information : Aggregated Personal Information is information that is derived from Personal Information that does not personally identify you or any other user of the Application. For example, we may aggregate Personal Information to calculate the percentage of our users who have a particular telephone area code or a particular medical condition.
c. How We Use and Disclose Non-Personal Information
Because Non-Personal Information does not personally identify you, we may use and disclose Non-Personal Information for any purpose. In some instances, we may combine Non-Personal Information with Personal Information (such as combining your zip code with your name, or with your name together with a medical condition). If we combine any Non-Personal Information with Personal Information, the combined information will be treated by us as Personal Information as long as it is so combined.
The Application may feature community areas and other public forums where users can share information and post reviews or questions. Any information that you may reveal in a review posting or other online discussion or forum is intentionally open to the public and is not in any way private. You should think carefully before disclosing any Personal Information in any public forum. What you have written may be seen and/or collected by third parties and may be used by others in ways we are unable to control or predict.
We seek to use reasonable physical, technical and administrative measures to protect Personal Information under our control. Unfortunately, no data transmission over the Internet or data storage system is 100% secure, and therefore we cannot guarantee against all potential security breaches.
If you have reason to believe that your interaction with us is no longer secure (for example, if you feel that the security of any account you might have with us has been compromised), please immediately notify us of the problem by contacting us in accordance with the “Contacting Us” section below.
CHOICES AND ACCESS
a. Your choices regarding our use and disclosure of your Personal Information
We give you choices regarding our use and disclosure of your Personal Information for marketing purposes. Specifically, you may opt-out from:
- Receiving marketing-related e-mails from us based upon your Personal Information : If you no longer want to receive marketing-related e-mails from us on a going-forward basis, you may opt-out of receiving such marketing related e-mails by sending an email toprivacy@FamPhy.com.
- Our sharing of your Personal Information with affiliates for their marketing purposes : If you would prefer that we do not share your Personal Information on a going-forward basis with our affiliates for their marketing purposes, you may opt- out of such sharing by sending an e-mail to support@FamPhy.com.
We will try to comply with your request(s) as soon as reasonably practicable. Please note that if you opt-out as described above, we will not be able to remove your Personal Information from the databases of our affiliates with which we have already shared such information (i.e., to which we have already provided such information as of the date that we implement your opt-out request). Please also note that if you do opt-out of receiving marketing-related messages from us, we may still send administrative messages to you; you cannot opt-out from receiving administrative messages.
b. How We Use and Disclose Non-Personal Information
If you would like to review or update your Personal Information that has been previously provided to us, you may do so by logging into your account within the Application. We will try to comply with your request to update your Personal Information as soon as reasonably practicable. We are not responsible for changing information from the databases of third parties with whom we have already shared your Personal Information. You may have additional rights to access, correct or modify the health information that is held by your Provider. Please consult your Provider’s Notice of Privacy Practices for a description of those rights and how to exercise them.
CONTROLLING YOUR PERSONAL INFORMATION
As a registered user of the Services, you can modify some of the Personal Information you have included in your profile or change your username by logging in and accessing your account. Upon your request, we will use commercially reasonable efforts to delete your account and the Personal Information in your profile; however, it may be impossible to remove your account without some residual information being retained by us, and we may be required by law or our agreement with your Provider to retain certain information. We have no obligation to delete any data or information you provide on a Medical History Form following termination of your account or the account of any Provider to whom your Medical History Form was submitted through the Services. Registered users who wish to close their account should email: privacy@FamPhy.com
Please note that e-mail communications are not always secure; so please do not include health information, credit card information or other sensitive information in your e-mail messages to us.
Last Revised : July 2016 and Aug 2016
CONSENT TO CARE
A. CONSENT TO IN-PERSON CARE
You hereby consent and authorize the treating providers you engage through the use of the FamPhy Application (“Application”), to provide routine medical care and treatment, such as physical exams, diagnostic procedures, treatment of illnesses and injuries, and/or make necessary referrals. You acknowledge that other types of health care professionals such as nurses may take part in the provision of care under the supervision of physicians.
You certify that a physician or health care professional has explained the nature, benefits and risks of any procedure or treatment provided from any treating provider you engage through the Application. You have been given the opportunity to ask questions about any concerns regarding the procedure or treatment to be provided from any treating provider you engage through the Application.
To the extent the patient is under the age of 18, you represent you are the patient’s parent or legal guardian and are duly authorized under state law to act on behalf of the minor. All references to “you” shall be deemed to include the minor patient where such reference applies to the individual receiving care or treatment.
B. CONSENT TO TELEMEDICAL CARE
Telemedicine involves the use of audio, video or other electronic communications to interact with you, consult with your healthcare provider and/or review your medical information for the purpose of diagnosis, therapy, follow-up and/or education. During your telemedicine consultation, details of your medical history and personal health information may be discussed with you or other health professionals through the use of interactive video, audio or other telecommunications technology. Additionally, a physical examination of you may take place, and video, audio, and/or photo recordings may be taken.
Electronic systems used will incorporate network and software security protocols to protect the privacy and security of health information and imaging data, and will include measures to safeguard the data to ensure its integrity against intentional or unintentional corruption.
Improved access to medical care by enabling a patient to remain in his/her location while the physician may provide care from a distant site.
More efficient medical evaluation and management Obtaining expertise of a distant specialist.
As with any medical procedure, there are potential risks associated with the use of telemedicine. These risks include, but may not be limited to:
Delays in medical evaluation/treatment could occur due to deficiencies or failures of the electronic equipment;
In rare instances, security protocols could fail, causing a breach of privacy of personal medical information;
In rare cases, a lack of access to all of your medical records may result in adverse drug interactions or allergic reactions or other judgment errors.
You Understand the Following:
You understand that you may expect the anticipated benefits from the use of telemedicine in your care, but that no results can be guaranteed.
You understand that the laws that protect the privacy and security of health information apply to telemedicine, and that no information obtained in the use of telemedicine which identifies you will be disclosed to researchers or other entities without your authorization.
You understand that you have the right to withhold or withdraw your consent to the use of telemedicine in the course of your care at any time.
You understand that you have the right to inspect all information obtained and recorded in the course of a telemedicine interaction, and may receive copies of this information for a reasonable fee.
You understand that a variety of alternative methods of medical care may be available to you, and that you may choose one or more of these at any time. Your physician has explained the alternative to your satisfaction.
You understand that telemedicine may involve electronic communication of your personal medical information to other medical practitioners who may be located in other areas, including out of state.
You understand that it is your duty to inform your physician of electronic interactions regarding your care that you may have with other healthcare providers.
You consent to receiving protected health information via email or SMS text messaging and understand messages through these communication channels may not be secure.