HEAL PRIVACY POLICY

last updated October 29,2015

HEAL PRIVACY POLICY

This Privacy Policy discloses the practices of Burrito Labs, Inc. d/b/a Heal (“Heal”) concerning information we obtain by and through your use of the Heal™ mobile application (the “Application”) and the services provided through the Application (the “Services”).  Heal is committed to respecting your privacy and recognizing your need for appropriate protection and management of personally identifiable information and health information you share with us.  The purpose of this Privacy Policy is to explain the types of information Heal obtains about users of our Application and/or Services, how the information is obtained, how it is used, how it is disclosed, how you can get access to this information, and the choices you have regarding our use of, and your ability to review and correct, the information.  By using the Application and/or the Services, you are accepting and consenting to the use of your information as described in this policy.  Heal will not accept any Personally Identifiable Information or Protected Health Information from you prior to providing you with this Privacy Policy.  Please review this Policy carefully.

This Privacy Policy applies only to Heal’s Application and Services and becomes effective as soon as you use the Application. Any medical services rendered by any independent Physician are subject to that particular Physician’s or associated Medical Practice’s own privacy standards or policies.

  1. Information That You Give Us. 


When you register for the Application or subscribe to our Services (“Enroll”), we collect personal information that can identify you (“Personally Identifiable Information” or “PII”) such as your full name, email address, mailing address, telephone number, and credit card information for payment. We also may collect PII or protected health information (“Protected Health Information” or “PHI”) from you when you make a request to be connected with an independent medical practice (“Medical Practice”), which may provide an on-call licensed physician (“Physician”) to provide non-emergency general adult and pediatric healthcare services at your location (“Visit”); creating a profile; commenting on articles or completing surveys.

The information that we collect varies depending upon how you use our Services. When you Enroll, you will need to provide us with health-related information that a Physician will need to determine whether he/she is willing to provide medical services to you. That information will be associated with your profile.  Any PHI that you provide through the Application briefly describing your symptoms (or those of any minor for whom you request Services) will be sent to an independent Medical Practice and Physician, if available, to be used for treatment and processing your payment for the Visit, and other health care operations.  

Heal will not use any PHI for any other purpose without your written authorization, or unless otherwise permitted or required by law.  You  may revoke, in writing, any such authorization at any time, except to the extent Heal has taken action in reliance thereon.  Heal will not have any independent access to an independent Medical Practice’s detailed health record, if any, created as a result of a Visit.  

WE DO NOT KNOWINGLY ENROLL OR COLLECT INFORMATION DIRECTLY FROM CHILDREN UNDER THE AGE OF EIGHTEEN.

Please keep in mind that certain features on the Application give you an opportunity to interact with us and others. These may include forums, message boards, chats, creating community profiles, and rating, tagging and commenting on articles. When you use these features you should be aware that any information you submit, including your name, location, health issues, and email address, may be publicly available to others. We do not protect the privacy of and are not responsible for your disclosure of any information through these interactive features, including, but not limited to  information that you might post related to a minor.

Also, whenever you voluntarily disclose anyone’s personal information on publicly-viewable web pages, that information can be collected and used by others. For example, if you post your email address, you may receive unsolicited messages. We cannot control who reads your posting or what other users may do with the information that you voluntarily post, so we encourage you to exercise discretion and caution with respect to information you choose to disclose through these interactive features. When an individual chooses to post information that will be publicly disclosed, he or she is responsible for all legal consequences. We are not responsible under any data protection laws for-information that you voluntarily post on a site that can be accessed by others.

If you believe that  Heal has violated your privacy rights, you should contact us at the mailing address or e-mail address provided below.  If you believe that an independent Medical Practice or Physician has violated your privacy rights regarding PHI, you should contact the Medical Practice directly.  You may also file a complaint with the government.  See http://oag.ca.gov/contact/consumer-complaint-against-business-or-company for more information.

  1. Other Information We Collect. 


Protected Health Information.  In connecting you with an independent Medical Practice to provide you with their medical services in connection with a Visit, the Application may collect PII and PHI from you and transmit it electronically.  We will use administrative, physical, and technical safeguards to protect the security and privacy of  information held in the Application. Our infrastructure is kept in a secured data center that protects from unauthorized access to the physical servers, backups and any element used to store and/or process personal data. Only authorized personnel can access the data center. Our systems and databases are backed up regularly to help protect the data in case of an incontrollable catastrophe. The data center that stores our servers has policies and procedures in place designed to safeguard the equipment that our data is stored on. We regularly upgrade our system software to include the latest security features. Our servers are protected by a firewall system, which is designed to keep unwanted traffic or access out of our computer network. We also employ an intrusion prevention service (IPS) provided by a secured data center operated by a professional company. We also use security methods to determine the identity of each registered user, so that appropriate rights and restrictions can be enforced for that user. Reliable verification of user identity is called "authentication." All communication between our Web server, your browser and our mobile apps is encrypted with SSL (Secure Sockets Layer) to guard against network eavesdroppers. Your password is internally encrypted in our system to prevent unauthorized access to the system. Validations are built throughout the application to capture the most reliable information. Only the last 4 digits of your credit card number is stored on our servers.

Neither Heal nor any other party not working directly with the independent Medical Practice will be authorized to access PHI kept by the independent Medical Practice.  Heal will transmit any PHI describing your symptoms (or that of any minor for whom you are requesting Services) to any independent Medical Practice in a secured electronic transaction.  You have a right to a paper copy of any PHI that Heal transmits (including that of a minor for whom you are acting), and a right to amend PHI in accordance with applicable legal requirements. If you wish to communicate with an independent Medical Practice or Physician directly by email or other electronic means, you may request that those communications be through a system that protects their confidentiality.  Physicians will accommodate reasonable requests in accordance with applicable law. Otherwise, your electronic communications may not be secure.  

Cookies. Our Application may use cookies and other technologies to collect information. Cookies are small bits of information that our websites place on the hard drive of your computer. We may use cookies to facilitate your login processes; allow you to personalize and store your settings; collect usage information; determine our total audience size and traffic; and help us improve our sites by measuring which areas are of greatest interest to users.

Tracking and/or Analytics Services. We may use mobile application tracking and/or analytics services. These services may record unique mobile gestures such as tap, double-tap, zoom, pinch, scroll, swipe and tilt but do not collect personally identifiable information that you do not voluntarily enter in the Application. These services do not track your browsing habits across mobile applications that do not use the same services. We are using the information collected by these services to understand user behavior and optimize site performance. 

Web Beacons. We may also use web beacons (invisible images often referred to as pixel tags or clear GIFs) in order to recognize users and assess traffic patterns, and we may include web beacons and cookies in our email messages in order to count how many e-mail messages have been opened.

Non-Personally Identifiable Information. We also collect Non-Personally Identifiable Information that is not health information or medical information in the form of statistics and information regarding the Application user’s statistics and metrics obtained from third party devices (for example, steps, distance, calories burned, GPS coordinates, bat speed, hand speed, swing time, etc.), which may be combined with personal information you submit through the Application and/or Services so that you can fully enjoy the benefits of the Application’s tracking, monitoring, and diagnostic tools.  We may also request the following optional information as part of your profile so that you can fully enjoy the features and functions of our Services: your weight, height, and gender.  

Mobile Device Information. Your use of the Application may also include collection of information from your mobile device.  For example, the Application may request your permission to collect location data and/or may request access to multimedia (photos or videos) stored on your mobile device.  Location data is not required for participation in activities through the Application, and you have the option of declining collection of geolocation data.  If you do not wish for your location data to be shared with Heal, please respond accordingly when prompted on your mobile device, or visit the your mobile device settings.  Multimedia will only be collected from your device if you affirmatively select it to upload to the application (i.e. you choose an image or video to store within the Application).  Multimedia will not be shared with other Application users (with the exception of your profile photo, which will appear in your user profile).

  1. How We Use Your Information. 


Subject to this Heal Privacy Policy, the Terms of Service, and applicable terms and conditions of third-party applications, all data transmitted through the Application is owned by Heal; provided, however, that PHI that you provide for the purpose of scheduling a Visit with an independent Medical Practice will be solely owned by the Medical Practice.  To the extent  Heal is precluded from owning data transmitted through the Application, you grant Heal a perpetual, worldwide, royalty-free  license to use such data (with the exception of PHI) to the extent necessary to enable use of the Application and Services. Generally, we may use information in the following ways:

  • For the purposes for which you specifically provided it including, without limitation, to enable us to process and fulfill your Membership, provide the Services or other requests.
  • To communicate with an independent Medical Practice and Physician.
  • To send you information about your relationship or transactions with us.
  • To notify you about our products, services, and special offers, except that Heal will not use PHI for marketing purposes without your prior written consent for yourself or your minor child.
  • To otherwise contact you with information that we believe will be of interest to you.
  • To enhance or develop features, products and services.
  • To allow us to personalize the content that you and others see on the Application.
  • To provide advertisers and other third parties with aggregate information about Application users and Application usage patterns.
  • To allow other select companies to send you promotional materials about their products and services, provided that no personally identifiable PHI will be used for this purpose without your prior written consent.

We use non-Personally Identifiable Information for purposes such as measuring the number of users of various features of the Application, making the Application more useful to users and delivering targeted advertising and non-advertising content. We may also use Non-Personally Identifiable Information (for example, statistics regarding use and metrics) for research purposes, for marketing and promotional purposes, and to develop new learning tools and solutions and we may share such information with third parties, including researchers and/or advertisers, on an aggregate and anonymous basis.  We use IP addresses to analyze trends, administer the Application, track a visitor’s movement, and gather demographic information for aggregate, non-personally identifiable use.

You acknowledge that unless you request in writing otherwise, Heal, in its sole discretion, has the right but not the obligation to store any information, whether Personally Identifiable Information or otherwise, perpetually, to the extent permitted by law.  If you wish for any information about you to be removed from our database, please contact us through the contact information provided below in the “How to Contact Us” section of this Privacy Policy.  We will not use your health related information for any purpose other than to provide you with the Services and/or customer support services you request from us.

  1. Sharing Your Information. 


Except as otherwise described in this Privacy Policy, or if we inform you otherwise at the time of data collection and receive your consent where required, we will not sell, trade, or share your information with third parties.

We may share your information as follows:

  • Medical Practices and Physicians:  We will share your information with the independent Medical Practice and Physician who respond to your request.  The Physician may contact you via telephone prior to being dispatched to your location, to ensure that that they are equipped to handle your medical case.  The Physician’s treatment of your information is subject to the Physician and Medical Practice’s own policies and procedures.  Any PHI that we collect from you will be kept private and secure, as required by law.
  • With Affiliates: We may share your PII with affiliated companies and businesses, provided that your PHI will not be shared for any marketing purposes without your prior written consent, in accordance with applicable law.
  • With Service Providers: We may use other companies to perform services including, without limitation, facilitating some aspects of our Application such as processing credit card transactions sending emails, and fulfilling purchase requests. These other companies may be supplied with or have access to your PII solely for the purpose of providing these services to you on our behalf. Such service providers shall be bound by appropriate confidentiality and security obligations, which may include, as applicable, business associate contract obligations.
  • With Business Partners: When you make purchases or engage in promotions offered through our Application, we may share PII, but not your PHI with the businesses with which we partner to offer you those products, services, and promotions. When you accept a particular business partner's offer, you authorize us to provide your information to that business partner.
  • With other Service Providers: We occasionally will share, on an anonymous basis, information and data on Application users with third party providers who provide targeted services, such as advertising or data analysis on our behalf.  This sharing of information does NOT include any PII or PHI. 
  • Special Circumstances: We also may disclose your PII:
  • In response to a subpoena or similar investigative demand, a court order, or other request from a law enforcement or government agency where required by applicable law.
  • When disclosure is required or allowed by law in connection with efforts to investigate, prevent, or take other action regarding illegal activity, suspected fraud or other wrongdoing; to protect and defend the rights, property or safety of our company, our users, our employees, or others; to comply with applicable law or cooperate with law enforcement; or to enforce our Application’s terms and conditions or other agreements or policies.
  • In connection with a corporate transaction, such as the sale of all or a portion of our business, a divestiture, merger, consolidation, or asset sale, or in the event of bankruptcy, as required or allowed by law.

SPECIAL NOTICE FOR USERS OF THE APPLICATION: IF YOU ELECT TO MAKE YOUR PROFILE (OR THAT OF A MINOR OR FAMILY MEMBER) VIEWABLE BY PHYSICIANS, ALL INFORMATION (EXCLUDING PERSONAL CONTACT INFORMATION) THAT YOU INCLUDE IN THAT  PROFILE MAY BE VIEWED BY PHYSICIANS. YOU SHOULD NOT ENTER ANY INFORMATION IN THE PROFILE THAT YOU (OR ANOTHER PERSON) WISHES TO REMAIN CONFIDENTIAL.  A PHYSICIANS WILL NOT BE ABLE TO CONTACT YOU EXCEPT THROUGH THE PERSONAL CONTACT INFORMATION YOU PROVIDE THROUGH THE APPLICATION. WE ARE NOT RESPONSIBLE FOR THE RETENTION, USE OR PRIVACY PRACTICES OF PHYSICIANS AFTER THEY HAVE RECEIVED YOUR INFORMATION.

  1. Confidentiality of Health Information.

Certain Medical Practices and Physicians may be 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 such a health care provider, we do so as its “business associate” (as also defined by HIPAA). We are prohibited from, among other things, using individually identifiable health information in a manner that the health care 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 health care providers.

 
We are also subject to laws and regulations governing the use and disclosure of certain personal and health information, including HIPAA, when we operate as a business associate of such a health care provider.

  1. How to Access or Update Your Information. 


You have the ability to review and update your personal information, including PHI that Heal may handle for you through your Application account by visiting the account management section on the Application. You can also review and update your personal information or PHI by contacting us at the email address provided below in the “How to contact us” section of this Privacy Policy.

  1. How We Protect Your Information. 


We use commercially reasonable administrative, technical, and physical measures to safeguard PII and PHI in our possession against loss, theft and unauthorized use, disclosure or modification. We follow generally accepted industry standards to protect the information submitted to us, both during transmission and once we receive it.  No method of transmission over mobile applications is 100% secure, however.  Therefore, while we strive to make all reasonable efforts to use commercially acceptable means to protect your personal information, we cannot guarantee its absolute security.  In the unlikely event of a data breach, you will be notified as soon as reasonably possible, in accordance with applicable law.  Furthermore, we are not responsible for any breach of security or for any actions of any third parties that receive the information, including without limitation any breach of security or for any actions of a Medical Practice or Physician.

  1. Changes To Our Privacy Policy. 

From time to time we may revise this Privacy Policy. If we make revisions that change the way we collect or use your PII or PHI, those changes will be posted in this Privacy Policy and the effective date will be noted at the end of the Privacy Policy. Therefore, you should review it periodically so that you are up to date on our most current policies and practices. If we make material changes to our practices regarding use of your PII or PHI, your PII or PHI will continue to be governed by the Privacy Policy under which it was subject prior to those changes, unless you have been provided notice of, and have not objected to, the changes.

  1. Children’s Online Privacy Protection Act. 

We support and comply with the Children’s Online Privacy Protection Act (COPPA) and we do not knowingly collect information from children under the age of 18, nor do we share such information with third parties. Children under the age of 18 may not use the Application. If you seek pediatric Services for a minor, you will be responsible for providing information related to the minor and for paying for Services requested for the minor.

  1. Links to Third Party Sites.

Our Application may contain links to websites or applications operated and maintained by third-parties, over which we have no control. Privacy policies for these third-party sites and applications may be different from our Privacy Policy. You access these third-party sites and applications at your own risk. You should always read the privacy policy of a linked site or applications before disclosing any personal information on such site and/or through such applications. Heal is not responsible for information you submit to third-parties.

  1. How to Contact Us. 

If you have any questions, comments or concerns about our Privacy Policy, you may contact us at help@heal.com or by writing a letter to: Heal, Inc., 528 Palisades Drive, #176, Pacific Palisades, CA 90272.  

  1. Effective Date.

        This Privacy Policy is effective as of October 1, 2015.