Privacy Policy
Last updated on December 1, 2012
Patient Now, Inc. ("PatientNOW," "we," "us") is concerned about
online privacy issues and wants you to be familiar with how we collect, use and
disclose your Personally Identifiable Information (as defined below). This
Privacy Policy (the "Policy") describes our practices in connection with
Personally Identifiable Information that we collect through our websites located
at
www.PatientNOW.com and MyPatientNOW.com.
MyPatientNOW.com
and
PatientNOW.com
(collectively, the "Sites"). In addition, there may be supplements
to this Policy for particular PatientNOW solutions as made available in such
Sites. This Policy does not address our practices regarding information that we
collect through any website, or by any other means, other than through the
Sites; nor does this Policy govern the collection by third parties. This Policy
does not apply to those sites that do not display or link to this Policy or that
have their own privacy statements. Please read this Policy, any supplements and
those privacy statements of all the websites you visit.
The Site is made available by PatientNOW subject to this Policy. We reserve the
right to update or make changes to this Policy from time to time in our sole
discretion without prior notice, which changes we may provide to you by any
reasonable means, including without limitation, by posting the revised version
of this Policy on the Site. You can determine when this Policy was last revised
by referring to the "LAST UPDATED" legend at the top of this Policy. Any changes
to our Policy will become effective upon our posting of the revised Policy on
the Site. Use of the Site following such changes constitutes your acceptance of
the revised Policy then in effect. By using the Site, you agree to the terms and
conditions of this Policy. If you do not agree to the terms and conditions of
this Policy, please do not use the Site.
Note Regarding the Use of the Site by Children: The Site is not directed to individuals under the age of thirteen
(13), and we request that such individuals do not provide Personally
Identifiable Information through the Site.
If we learn that it has collected Personally Identifiable Information on
a child under the age of 13, we will delete that data from its systems. We
encourage parents and guardians to go online with their children.
What Types of Information Does PatientNOW Collect From Me?
PatientNOW gathers two basic types of information through the Site: "Personally
Identifiable Information" (or "PII") and "Non-Personally
Identifiable Information" (or "Non-PII"). Personally Identifiable
Information is information that identifies a person as an individual, including
without limitation, name, email address, postal or other physical address,
telephone number, credit or debit card number (or other payment account number),
title, occupation, and other information. Non-Personally Identifiable
Information is aggregated information, demographic information and any other
information that does not reveal a person's specific identity.
PatientNOW strictly adheres to the
Health Insurance Portability and
Accountability Act of 1996
regulations regarding the
use of non-personally identifiable information
and all regulations pertaining thereto
(collectively, “HIPAA”).
a. Personally Identifiable Information. You do not have to provide PII to use the Site. However, in order
for you to take advantage of particular opportunities provided through the Site
(for example, register with your medical practice), we may require that you
furnish PII. We collect PII from you through the Site only when you voluntarily
provide it to us. PatientNOW is committed to protecting the Personal Information
you share with us. When we transfer sensitive personal data (for example, credit
card information or personal health information) over the Internet, PatientNOW
protects it using Secure Sockets Layer (SSL) encryption technology. PatientNOW
utilizes a combination of industry-standard security technologies, procedures,
and organizational measures to help protect your PII from unauthorized access,
use or disclosure. However, no method of transmission over the Internet, or
method of electronic storage is 100% secure. Therefore, while we strive to use
commercially acceptable means to protect your PII, PatientNOW cannot guarantee
its security. PatientNOW recommends you to take every precaution in protecting
your PII when you are on the Internet. For example, change your passwords often,
use a combination of letters and numbers when creating passwords, and make sure
you use a secure browser. We also may use third-party payment services (each, a
"Payment Service") to collect payments made through the Site. When a
third-party payment service is used, you will be directed to a webpage that is
hosted by the Payment Service (or the Payment Service's service providers) and
not by PatientNOW (such page, the "Payment Service Page"). In addition,
any PII that you provide through the Payment Service Page may be collected by
Payment Service and not by PatientNOW, and will be subject to Payment Service's
privacy policy, rather than this Policy. PatientNOW has no control over, and
shall not be responsible for, Payment Service's use of information collected
through the Payment Service Page. PLEASE NOTE THAT THIS POLICY DOES NOT ADDRESS
THE COLLECTION AND USE OF INFORMATION THROUGH THE PAYMENT SERVICE PAGE OR THE
PRIVACY OR INFORMATION PRACTICES OF PAYMENT SERVICE.
b. Non-Personally Identifiable Information. When you visit and interact with the Site, PatientNOW and third
parties with whom PatientNOW has contracted to provide services to PatientNOW
may collect Non-PII (for example, a catalog of the Site pages you visit).
Non-PII is generally collected through the Site from four different sources: (i)
environmental variables, (ii) cookies, (iii) pixel tags and other similar
technologies, and (iv) information that you voluntarily provide to us.
i. Environmental Variables. We and our service providers may also collect certain environmental variables, such
as your MAC address, computer type (Windows or Macintosh), screen resolution, OS
version, Internet browser, and Internet browser version. These environmental
variables are collected by most websites, and can be used to optimize your
experience on the Site.
ii. Cookies. We and our
service providers may use "cookies" on the Site. Cookies are data that a web
server transfers to an individual's computer for recordkeeping and other
purposes. We use cookies and other technologies to facilitate users' ongoing
access to and use of our Site. If you do not want information collected through
the use of cookies, there is a simple procedure in most browsers that allows you
to automatically decline cookies, or to be given the choice of declining or
accepting the transfer of a particular cookie, or cookies from a particular
website, to your computer.
iii. Pixel Tags. We and our service providers may also use so-called "pixel tags," "web beacons,"
"clear GIFs," or similar means (collectively, "Pixel Tags") in connection with
Site pages and HTML-formatted email messages to, among other things, track the
actions of Site users and email recipients, to determine the success of
marketing campaigns and to compile aggregate statistics about Site usage and
response rates. A Pixel Tag is an electronic image, often a single pixel (1x1),
that is ordinarily not visible to Site visitors and may be associated with
Cookies on the visitors' hard drives. Pixel Tags allow us to count users who
have visited certain pages of the Sites, to deliver branded services, and to
help determine the effectiveness of promotional or advertising campaigns. When
used in HTML-formatted email messages, Pixel Tags can tell the sender whether
and when the email has been opened.
iv. Information That You Voluntarily Provide.
PatientNOW also collects Non-PII (e.g., your interests, your geographic location,
etc.) when you voluntarily provide such information to us. Such information
constitutes Non-PII because, unless combined with PII, it does not personally
identify you or any other user. Additionally, we may aggregate PII in a manner
such that the end-product does not personally identify you or any other user of
the Site, for example, by using PII to calculate the percentage of our users who
have a particular telephone area code. Such aggregate information is considered
Non-PII for purposes of this Policy.
c. IP Addresses. When you visit and interact with the Sites, PatientNOW and third parties with whom
PatientNOW has contracted to provide services to PatientNOW may collect IP
Addresses. Your Internet Protocol (IP) address is a number that is automatically
assigned to the computer that you are using by your Internet Service Provider
(ISP). This number is identified and logged automatically in our server log
files whenever you visit the Sites, along with the time(s) of your visit(s) and
the page(s) that you visited.
How Does PatientNOW Use Information Collected From Me?
a. Personally Identifiable Information.
We may use PII in
the following ways:
i. Fulfillment of Requests.
PatientNOW may use PII about you to
fulfill the purpose for which such PII was provided (e.g., to send newsletters
to you or fulfill your purchase).
ii. Administrative Communications.
From time to time, in our sole
discretion, we may use PII about you to send to you important information
regarding the Site, changes to our terms, conditions, and policies and/or other
administrative information. Because this information may be important to your
use of the Site, you may not opt-out of receiving such communications.
iii. Other Communications.
From time to time, we may use PII
about you to inform you of products, programs, services and promotions that we
believe may be of interest to you. If you would prefer that we do not send
electronic marketing messages to you, please see the "Opt-Out" section below.
iv. Purchases. When you make a
purchase through the Site, we may collect your credit card number or other
payment account number, billing address and other information related to such
purchase (collectively, "Payment Information") from you, and may use such
Payment Information in order to fulfill your purchase.
v. Emails to Friends. We may provide functionality to permit you to send messages regarding Site-related
content to a friend through the Site. If you wish to use this feature, you may
be required to provide us with, and we may use, your friend's email address so
that we can facilitate your sending of such message to your friend.
vi. Promotions. We may operate sweepstakes, contests and similar promotions (collectively, "Promotions")
through the Site. We typically ask you for certain PII when you enter and, if
applicable, win a Promotion. You should carefully review the rules, if any, of
each Promotion in which you participate through the Site, as they may contain
additional important information about PatientNOW's use of PII about you. To the
extent that the terms and conditions of such rules concerning the treatment of
PII about you conflict with this Policy, the terms and conditions of such rules
shall control.
vii. Internal Business Purposes. We may also use PII about you for our internal business purposes, such as data
analysis, audits and so forth.
b. Non-Personally Identifiable Information. Because Non-PII does not personally identify you, we may use such
information for any purpose. In addition, we reserve the right to share such Non
PII, which does not personally identify you, with Affiliated Entities and other
third parties, for any purpose.
In some instances, we may combine Non-PII with PII (such as combining your name with
your geographic location). If we do combine any Non-PII with PII, the combined
information will be treated by us as PII hereunder as long as it is so combined.
How Is Personally Identifiable Information Disclosed?
a. Third Party Service Providers. We work with third parties who provide services including but not limited to data
analysis, payment processing, order fulfillment, medical services and other
services of an administrative nature. We reserve the right to share PII about
you with such third parties for the purpose of enabling these third parties to
provide such services (for example, if you choose to make a purchase through the
Site, we may share your Payment Information or other PII with our third party
service providers to fulfill your purchase, including, without limitation, to
process your credit card or payment account number or to ship products to you). Your Personal health information will
be sent to the medical practice you scheduled an appointment with. It is encrypted and sent securely to
the medical practice.
b. Sell or Rent Information. Except as explained in this Policy or in agreements with our customers, PatientNOW
does not sell, rent, license or share PII of any patient or customers with
others outside the PatientNOW family of companies and with your medical practice
for non-PatientNOW purposes without your consent.
c. Emails to Friends. Please note that any PII you provide in connection with sending messages regarding
Site-related content to a friend through the Site, such as your name and your
email address, will, of course, be disclosed to your friend.
d. Promotions. We reserve the
right to share the PII you provide in connection with Promotions with third
parties sponsors of such Promotions (irrespective of whether such Promotions are
hosted by us), or otherwise in accordance with the rules applicable to such
Promotion. You should carefully review the rules, if any, of each Promotion in
which you participate through the Site, as they may contain additional important
information about a sponsor's or other third parties' use of PII about you. To
the extent that the terms and conditions of such rules concerning the treatment
of PII about you conflict with this Policy, the terms and conditions of such
rules shall control.
e. Profiles. We may provide
functionality on the Site that allows you to create a "profile page" (your "Profile")
and post certain information and materials on your Profile. Please note that
your Profile, including all PII available in your Profile, will be accessible to
your medical practice. We urge you to exercise discretion and caution when
deciding to disclose PII about you, or any other information, in your Profile.
WE ARE NOT RESPONSIBLE FOR THE USE BY OTHERS OF ANY PII YOU DISCLOSE IN YOUR
PROFILE.
f. Information Posted by Visitors. PatientNOW may make available through the Site services (for
example, credit applications, registrations forms, and chat functionality, among other
services) to which you are able to post information and materials. Please note
that any information you disclose through such services or otherwise on the Site
becomes the property of your medical practice. WE ARE NOT RESPONSIBLE FOR THE
USE OF ANY PII YOU VOLUNTARILY DISCLOSE THROUGH THE SITE.
h. Assignment. We reserve the
right to transfer any and all information that we collect from Site users to
your medical practice or a third party in the event of any reorganization,
merger, sale, joint venture, assignment, transfer or other disposition of all or
any portion of PatientNOW's business, assets or stock (including without
limitation in connection with any bankruptcy or similar proceedings).
i. Law enforcement; emergencies; compliance. Notwithstanding any other provision of this Policy to the
contrary, we reserve the right to disclose PII about you to others as we believe
to be appropriate (a) under applicable law; (b) to comply with legal process;
(c) to respond to governmental requests; (d) to enforce our Terms of Service;
(e) to protect our operations or those of any Affiliated Entities; (f) to
protect the rights, privacy, safety or property of PatientNOW, the Affiliated
Entities, you or others; and (g) to permit us to pursue available remedies or
limit the damages that we may sustain. For example, we may, to the fullest
extent the law allows, disclose PII about you to law enforcement agencies to
assist them in identifying individuals who have been or may be engaged in
unlawful activities.
Other Important Notices Regarding Our Privacy Practices.
a. Third Party Sites. The Site may contain links to third party websites. These linked sites (including
without limitation the websites of Affiliated Entities) are not under
PatientNOW's control and we are not responsible for the privacy practices or the
contents of any such linked site, or any link contained in any linked site. We
provide such links only as a convenience, and the inclusion of a link on the
Site does not imply endorsement of the linked site by PatientNOW or any
Affiliated Entities. If you provide any PII through any such third party
website, your transaction will occur on such third party's website (not the
Site) and the PII you provide will be collected by, and controlled by the
privacy policy of, that third party. We recommend that you familiarize yourself
with the privacy policies and practices of any such third parties. PLEASE NOTE
THAT THIS POLICY DOES NOT ADDRESS THE PRIVACY OR INFORMATION PRACTICES OF ANY
THIRD PARTIES, INCLUDING, WITHOUT LIMITATION, THE AFFILIATED ENTITIES.
b. Third Party Advertisers. We may use third-party advertising companies to serve ads when you visit our Site.
Please note that these companies may use information (not including PII) about
your visit to this Site in order to provide advertisements about goods and
services that may be of interest to you. In the course of serving advertisements
to this Site, these companies may place or recognize a unique cookie on your
browser. If you would like more information about this practice and to know your
choices about not having this information used by these companies, please visit
http://networkadvertising.org/optout_nonppii.asp
c. Consent to Transfer, Processing and Storage of PII.
The Sites are operated in the United States of America. If you are located in the
European Union, Canada, or elsewhere outside the United States of America,
please be aware that any information you provide, including without limitation,
PII, to us will be transferred to the United States of America. We may transfer your information to
us in the United States of America or to third parties acting on our behalf, for
the purposes of processing or storage, and by providing any information to us
you fully understand and unambiguously consent to the transfer, processing and
storage of such information in the United States of America.
d. Security. We seek to have
security measures and tools (such as Firewalls, Digital SSL Certificates,
Intrusion Detection Systems, and Database Encryption) in place to help protect
against the loss, misuse and alteration of the information under our control.
Unfortunately, no data transmission over the Internet or data storage system can
be guaranteed to be 100% secure. As a result, although we strive to protect PII
about you, we cannot ensure or warrant the security of any information you
transmit to us through or in connection with the Site or that is stored by us.
You acknowledge and agree that any information you transmit through the Site or
upload for storage in connection with the Site is so transmitted or stored at
your own risk. 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), you must immediately notify us of the
problem by contacting us in accordance with Section 4.h ("Contacting Us") below
(note that if you choose to notify us via physical mail, this will delay the
time it takes for us to respond to the problem).
e. Opt-Out. If you do not
wish to receive marketing-related emails from us, you may opt-out of receiving
such marketing-related emails by following the unsubscribe instructions at the
bottom of such marketing email or choosing to unsubscribe in the Email Lists or
Newsletter area of the specific Site.
If you would prefer that we do not share PII about you with Affiliated Entities for
such Affiliated Entities' marketing purposes, you may opt-out from such sharing
by emailing us at:
privacy@patientnow.com.
Please specify clearly in the email that you are opting out of allowing PatientNOW
to share PII about you with PatientNOW's Affiliated Entities (including its
parent and subsidiaries) for their marketing purposes.
We will endeavor to comply with your request as soon as reasonably practical. Please
note that if you opt-out as described above, we will not be able to remove PII
about you from the databases of Affiliated Entities with which we have already
shared PII about you (i.e., to which we have already provided PII about you as
of the date on which we implement your opt-out request). If you wish to cease
receiving marketing-related emails from such Affiliated Entities, please contact
such Affiliated Entities directly or utilize any opt-out mechanisms set forth in
their respective privacy policies or marketing-related emails.
f. Changing or Suppressing PII about you.
To the extent the
laws of your country entitle you to review, correct, update or suppress PII
about you that has been previously provided to us, you may exercise this right
by logging in to your Profile or the Accounts area of the Site or by emailing us
at:
privacy@patientnow.com. For your protection, we will only implement such requests with
respect to the PII associated with the particular e-mail address that you use to
send us your request, and we may need to verify your identity before
implementing your request.
In each event, you must clearly indicate the information that you wish to have
changed, clearly indicate that you wish to have PII about you suppressed from
our database or clearly indicate the limitations you wish to put on our use of
PII about you.
We will endeavor to comply with your request as soon as reasonably practical. Please
note that we may need to retain certain information for recordkeeping purposes,
and there may also be residual information that will remain within our databases
and other records, which will not be removed therefrom. We also reserve the
right, from time to time, to re-contact former users of the Site. Finally, we
are not responsible for removing information from the databases of third parties
with whom we have already shared PII about you.
g. Retention Period. We will retain PII about you for the period necessary to fulfill the purposes
outlined in this Policy unless a longer retention period is required by law
and/or regulations.
h. Jurisdictional Issues.
The Site is hosted by PatientNOW from the United States, and is not intended to
subject PatientNOW to the laws or jurisdiction of any state, country or
territory other than that of the United States. PatientNOW does not represent or
warrant that the Site, or any part thereof, is appropriate or available for use
in any particular jurisdiction other than the United States. Those who choose to
access the Site do so on their own initiative and at their own risk, and are
responsible for complying with all local laws, rules and regulations. We may
limit the Site's availability, in whole or in part, to any person, geographic
area or jurisdiction we choose, at any time and in our sole discretion. By using
the Site and submitting any PII, you consent to the transfer of PII to other
countries, such as the United States, which may provide a different level of
data security than in your country of residence.
i. Safe Harbor. In accordance with our commitment to protect personal privacy, PatientNOW, Inc.
adheres to the principles of the Safe Harbor Framework as developed by the U.S.
Department of Commerce in consultation with the European Commission. The seven
principles and fifteen Frequently Asked Questions (FAQs) referred to in this
policy constitute Safe Harbor privacy framework. These principles and FAQs may
be found at:
http://www.export.gov/safeharbor. For questions regarding dispute
resolution process, contact us via email at:
privacy@patientnow.com or mail us at the address below. When a dispute has not been resolved
satisfactorily between both parties, eTrust will be appointed as the third party
for resolution. eTrust can be contacted regarding any matter via their online
form at
http://www.etrust.org/about/privacy_contact.php
j. Contacting Us. If you have any questions regarding this Policy, please contact us by email at:
privacy@patientnow.com or mail us at:
Patient NOW, Inc.
Attention: Privacy Dept.
6160 So Syracuse Way, Suite B-100
Greenwood Village, CO 80111
Please note that email communications will not necessarily be secure; accordingly
you should not include personal health information, credit card information or
other sensitive information in your email correspondence with us.