We at PracticePal (McClain Investments, LLC (dba PracticePal))[referred to herein as “PracticePal,” “our,” “we,” or “us”] respect your privacy and are committed to protect the privacy of our users (“user” “you,” “your,” or “Your Organization,” as that term is defined in the Terms & Conditions and herein).
THIS NOTICE DESCRIBES HOW MEDICAL INFORMATION ABOUT YOU MAY BE USED AND DISCLOSED AND HOW YOU CAN GET ACCESS TO THIS INFORMATION. PLEASE REVIEW IT CAREFULLY.
For the purposes of the General Data Protection Regulation 2016/679 (the “GDPR”), the Data Controller McClain Investments, LLC (dba PracticePal) registered in the State of Indiana, United States of America with a registered address at 4474 E Turnberry Ct Gilbert, AZ 85298.
You can contact our data protection officer by sending an email to Privacy@PracticePal.io or by writing to: PRACTICEPAL, 4474 E Turnberry Ct Gilbert, AZ 85298.
You provide or authorize access to and we collect several types of data and information from our users.
The first type of information is non-identifiable and un-identified information pertaining to a user(s), which may be made available or gathered via the user’s use of the Services (“Non-personal Information”). We are not aware of the identity of the user from which the Non-personal Information was collected. Non-personal Information which is being collected may include your aggregated usage information and technical information transmitted by your device, including certain software and hardware information (e.g. the type of browser and operating system your device uses, language preference, access time and the domain name of the website from which you linked to the Services; etc.), in order to enhance the functionality of our Services.
The second type of information is individually identifiable information, namely information that identifies an individual or may with reasonable effort identify an individual (“Professional Information”). This includes:
When you register to our Services, we may have access to basic information about you or Your Organization, from such account, such as your name, email address, photo, as well as any other information you made publicly available on such account or agreed to share with us:
The third type of information you provide, or authorize us to access, is information obtained via your VCP accounts using your VCP Information. This information that we will access and use via Services includes, but is not limited to, the PHI of your or Your Organization’s patient(s) or potential patient(s) or customer(s). Our access to and use of PHI is covered under the BAA, included herein and incorporated by reference.
If we combine Professional Information with PHI or Non-personal Information, the combined information will be treated as Professional Information for as long as it remains combined.
You may refuse to disclose certain information, but please bear in mind this may result in preventing you from using the Site and Services to some extent, and in some cases may result in your inability to use the Site and Services.
By using Service, you authorize and instruct us to obtain information via Vision Care Plan (VCP) and to access and collect information from those systems, for the purpose of improving the Services which we provide to you. If you grant our App access to any VCP, our App can add information, such as PHI, and other data to Site and use in our Service. PracticePal is in no way responsible for the protection of data and information stored within the VCPs or other third-party sites or databases. It is strongly recommended that you review the VCPs’ applicable policies and procedures before using Service.
You can remove access at any time from Service by emailing HELP@PracticePal.io.
We do not use or share with third parties any information gained through the access or use of your VCP account(s) for advertising or similar services, other than for purposes of improving health or for purposes of health or medical research and, with respect to PHI, only to the extent permitted under HIPAA.
We do not share any of your information with any third party without your express permission (other than in anonymized and/or aggregated format), and in the case of information gained through access to your VCP accounts, such sharing will only be for purposes of enabling the third party to provide health services or for medical research and, with respect to PHI, only to the extent permitted under HIPAA.
A cookie is a small data file that is sent to your device when you first visit a website. Cookies usually include an identification number that is unique to the device you are using. Such identifier can help us better understand our users and how they are using the Site and the Services. Cookies also enable recognition of a user when they re-visit the Site, keeping their settings and preferences and ability to offer customized features.
You may remove the cookies by following the instructions of your device preferences; however, if you choose to disable cookies, some features of our Services may not operate properly and your online experience may be limited.
We may from time to time contract with third parties for the purpose of analyzing user’s data, optimizing the Services and communications, etc. To do this, we may use web beacons, pixels etc. provided by such third parties. The information collected will also allow us to learn how to improve the Services for the benefit of our users.
If you are a registered user on our Services and have supplied your email address or phone number, we may occasionally send you an email or contact you via your phone number, including by SMS, telephone call or push notifications in order to provide you the Service (for example, for the purpose of sending you a verification code to confirm user login, tracking info on shipping a package, and a link to download the App). You hereby consent and authorize us to contact you in accordance with the above.
Notwithstanding any of the above, with respect to PHI, we typically use or share PHI for treatment. This includes providing our Services, allowing you to obtain relevant information about your health and providing tools to manage it, personalizing our recommendations for better management of your or Your Organization’s billing and scheduling processes, sending you reminders based on your location and activity (including through SDKs). We may also use or share PHI to run our organization. This includes setting up your account, identifying and authenticating your access to certain features of the Services, communicating with you in order to keep you informed of our latest updates and features and performing research or conducting analytics in order to improve and customize our Services to our users’ needs and interests.
We may transfer or share Professional Information, including PHI, to our subsidiaries, affiliated companies, subcontractors, SDKs or such other trusted third parties and/or service providers or partners who are located in different jurisdictions across the world for the purpose of: (a) storing or processing such information on our behalf (e.g. on cloud computing services) or to assist us with our business operations, to authenticate your access and to provide and improve our Services; (b) performing research, technical diagnostics, analytics, research or statistical purposes; or (c) marketing, in accordance with our marketing policy and (with respect to PHI) to the extent you have given us written permission and in accordance with HIPAA.
In addition, under your specific acknowledgment and consent, we may share your Professional Information and PHI with third party service providers in the healthcare ecosystem, such as hospitals, physicians, insurance companies, coaching services providers and others to allow them to obtain a holistic view of your needs and interests. Please note that under such consent, we may disclose to third party service providers in the healthcare ecosystem all relevant Professional Information and PHI that you share with us on an ongoing basis through the Services.
Please note: When we share information with third parties, such information is either anonymized or encrypted (as required by applicable laws) in order to effectively protect personal and/or health related information of users. To the extent PHI is shared with third parties, the third parties must first agree to be bound by HIPAA privacy and security protections.
We may also share Professional Information, including PHI, or any information you submitted via the Services if we have a good faith belief that the sharing of such information is helpful or reasonably necessary to: (i) comply with any applicable law, regulation, legal process or governmental request; (ii) enforce our policies (including our Agreement), including investigations of potential violations thereof; (iii) investigate, detect, prevent, or take action regarding illegal activities or other wrongdoing, suspected fraud or security issues; (iv) establish or exercise our rights to defend against legal claims; (v) prevent harm to the rights, property or safety of us, our users, yourself or any third party; or (vi) collaborate with law enforcement agencies or in case we find it necessary in order to enforce intellectual property or other legal rights.
With respect to PHI, you have both the right and choice to tell us to share information with your family, close friends or others involved in your care and to share information in a disaster relief situation. If you are unable to tell us your preference (for example, if you are unconscious), we may go ahead and share your PHI if we believe it is in your best interest. We may also share your PHI when needed to lessen a serious and imminent threat to health or safety. We will never share your PHI for marketing purposes or sell your PHI, unless you give us written permission. In the case of fundraising, we may contact you for fundraising efforts, but you can tell us not to contact you again. We do not create or maintain psychotherapy notes.
We are allowed or required to share your PHI in other ways that contribute to the public good (such as public health and research), provided we meet many conditions under HIPAA before doing so. These disclosures include those that help with public health and safety issues (such as preventing disease, helping with recalls, reporting adverse reactions, suspected abuse, neglect or domestic violence or preventing or reducing a serious threat to anyone‘s health or safety). We can also share your PHI for health research or if state or federal laws require it, to respond to court or administrative orders or to address workers’ compensation, law enforcement and other government requests. In addition, we may share your PHI to respond to organ and tissue donation requests or to work with a medical examiner, coroner or funeral director.
Our policy only addresses the use and sharing of information we collect from you. To the extent that you share your information with other parties via our Services (e.g. by clicking on a link to any other website or location) or via other sites throughout the internet, different rules may apply to their use or sharing of the information that you disclose to them.
You agree that we shall have no liability whatsoever with respect to such third party sites and services and your usage of them.
We respect your privacy rights and strive to comply in all aspects with HIPAA. For example, you have the right under HIPAA to inspect or get copies of your PHI contained in a designated record set. Generally, a “designated record set” contains medical records we may have about you. Therefore you may contact us at any time and request the following:
If you have given someone a medical power of attorney or if someone is your legal guardian, that person can exercise your rights and make choices about your PHI. We will make sure the person has this authority and can act for you before we take any action.
If you wish to exercise any of the abovementioned rights or raise a complaint on how we have handled your Professional Information or PHI, please contact us directly at HELP@PracticePal.io.
If you are not satisfied with our response or believe we are collecting or processing your Professional Information not in accordance with the laws, you can complain to the applicable data protection authority. In addition, if you believe your privacy rights with respect to PHI have been violated, or if you are dissatisfied with our privacy practices or procedures regarding your PHI, you may file a complaint with the U.S. Department of Health and Human Services by sending a letter to U.S. Department of Health and Human Services Office for Civil Rights, 200 Independence Avenue, S.W., Washington, D.C. 20201, calling 1-877-696-6775 or visiting:www.hhs.gov/ocr/privacy/hipaa/complaints/ We will not retaliate against you for filing a complaint.
We will retain your personal information for the duration required to provide our services, and as necessary to comply with our legal obligations, resolve disputes and enforce our policies. Retention periods will be determined taking into account the type of information that is collected and the purpose for which it is collected, bearing in mind the requirements applicable to the situation and the need to destroy outdated, unused information at the earliest reasonable time. Under applicable regulations, we will keep records containing client personal data, account opening documents, communications and anything else as required by applicable laws and regulations.
We may rectify, replenish or remove incomplete or inaccurate information, at any time and at our own discretion.
We take great care in implementing and maintaining the security of the Services and your information in accordance with the requirements of all applicable laws (including with requirements under HIPAA). We employ industry standard procedures and policies to ensure the safety of our users’ information, and prevent unauthorized use of any such information. Although we take reasonable steps to safeguard information, we cannot be responsible for the acts of those who gain unauthorized access or abuse our Services, and we make no warranty, express, implied or otherwise, that we will prevent such access.
As an additional safeguard to your information, the Company employs a Data Protection Officer ("DPO"). The DPO has the power to insist on company resources for information protection matters and has a deep knowledge of information protection regulations and privacy law requirements. The DPO’s responsibility includes, among other things: providing privacy and security compliance advice, notifying users and applicable authorities of any data breach incident as required by law, conducting awareness and training programs, etc. The DPO serves as our HIPAA privacy official.
If you feel that your privacy was treated not in accordance with our policy, or if any person attempted to abuse our Services or acted in an inappropriate manner, please contact us directly at Privacy@PracticePal.io.
The Services are not designed for the use of any children under 16 years of age. If you have reason to believe that a child under the age of 16 has provided Professional Information to us through the use of any of the Services without the consent of their parent or legal guardian, you should immediately contact us and we will endeavor to delete that information from our records.
We may use your Professional Information, such as your email address and mobile phone number, ourselves or by using our third party subcontractors for the purpose of providing you with promotional material, which we believe may interest you. If we or our third party subcontractors wish to use PHI for marketing purposes, we will request that you provide a written authorization for us to do so. You hereby consent and authorize us to contact you in accordance with the above.
Out of respect to your right to privacy, at any time, you may request to unsubscribe and discontinue receiving marketing offers by contacting us at support@myPracticePal.com, or by using the unsubscribe link provided within any such communication. If you unsubscribe we will remove your email address and phone number from our marketing distribution list. Please note that even if you unsubscribe from our marketing mailing list, we may continue to send you Service-related updates and notifications.
FOR RESIDENTS OF CALIFORNIA ONLY. Section 1798.83 of the California Civil Code requires select businesses to disclose policies relating to the sharing of certain categories of your personal information with third parties. If you reside in California and you have provided us with your personal information, you may request information about our disclosures of certain categories of your personal information to third parties for direct marketing purposes. To make such a request, please fill out our Privacy Contact Form with “California Privacy Rights” in the subject line and allow 30 days for a response. We will not accept requests via the telephone, mail, or by facsimile, and we are not responsible for notices that are not labeled or sent properly, or that do not have complete information.
FOR RESIDENTS OF CALIFORNIA UNDER THE AGE OF 18. In accordance with Section 22581 of the California Business and Professions Code, you may request and obtain the removal of content or information you have publicly posted. To make such a request, please fill out our Privacy Contact Form with “California Privacy Rights” in the subject line. Please specify the site(s) or service(s) to which your removal request relates, including any URLs where the content or information is posted, and the specific content or information you posted for which you are requesting removal. Please be aware that such a request does not ensure complete or comprehensive removal of the content or information you have posted and that there may be circumstances in which the law does not require or allow removal even if requested.