EDOC TELEMED, LLC PRIVACY POLICY

Last Updated May 29, 2020

EDOC TELEMED, LLC (“EDOC TELEMED”, “we”, “us”, or “our”) owns and operates: (1) the applications, websites and any other web-based or mobile technology platforms that EDOC TELEMED owns or operates and that links to or references these Terms (the “Platforms”); and (2) the services that EDOC TELEMED itself furnishes through the Platforms (the “Services”).

EDOC TELEMED recognizes the importance of protecting the privacy of your information and this Privacy Policy (the “Privacy Policy”) describes our commitment to protecting your privacy and our practices for collecting, using, maintaining, protecting and disclosing information that you may provide to us, or that we may collect from you, through the Platform and Services.

Any professional healthcare services you receive through the Platform and Services (“Telemedicine Services”) are provided by independent healthcare providers (the “Providers”, each a “Provider”) and not by EDOC TELEMED. Each Provider is responsible for providing you with their Notice of Privacy Practices, as required by applicable law, including the Health Insurance Portability and Accountability Act of 1996 (“HIPAA”), governing their own collection, use, maintenance, protection and disclosure of your protected health information (“PHI”).  You will be furnished the Notice of Privacy Practices of any Provider you seek Telemedicine Services from in advance of your consultation.

Please read this Privacy Policy carefully before using the Platform and Services.

By installing, downloading, registering with, or using THE PLATFORM OR BY USING THE services in any way, You agree to THIS PRIVACY POLICY. If You do not agree with THIS PRIVACY POLICY, please do not install, download, register with, or use the platform. Please print a copy of THIS PRIVACY for your records.  THIS POLICY IS EFFECTIVE AS OF THE DATE LISTED ABOVE.

We may at our sole discretion change, add, or delete portions of this Privacy Policy at any time, without prior notice to you, for any reason whatsoever. Your continued use of the Platform and Services following notice of any such changes will indicate your acknowledgement of such changes and agreement to be bound by the revised Privacy Policy, inclusive of such changes. If you object to any changes to the Privacy Policy, your sole recourse will be to cease using them. You agree to review the Privacy Policy each time you access the Platforms and Services so that you may be aware of any changes to this Privacy Policy.

This Privacy Policy governs the information that EDOC TELEMED collects about: (1) visitors on the publicly available sections of the Platforms and Services; and (2) visitors who register and create an account to access to the password-protected and secure portions of the Platforms and Services (“Users”). 

To ensure the proper functioning of the Platforms, EDOC TELEMED captures personal and non-personal information about visitors.  By downloading, installing, accessing and using the Platforms, EDOC TELEMED, or its third-party vendor, may request or automatically collect such information.  The information that we collect will vary depending on how you use our Platforms and Services, and what permissions you give to us and other third-parties that collect your information.

Information gathered through the Platform and Services may be transferred, used, and stored in the United States.  If you use the Platform and Services, you agree to the transfer, use and storage of your information in the United States. You agree that all transactions relating to the Platform, Services or EDOC TELEMED are deemed to occur in the United States, where our servers are located.

We may collect certain non-personal information, which does not identify you individually, automatically when you use our Platforms and Services, including:

• your internet protocol address,
• your device model and version,
• your device’s operating system and version,
• your device’s browser software and version,
• your internet services provider,
• your geographic location,
• the dates and times you accessed and used the Platforms,
• the sections of the Platforms and Services you access and used and the time spent in each section and engaged in any function,
• the links you selected, and
• your language preferences.

When you use our Platforms and Services, we may also collect non-personal Information using a variety of technologies, including “Cookies,” local browser storage and “Web Beacons.” A Cookie is a small amount of data a website may store in your web browser that it can access when you visit it. A Cookie also refers to web-browser-based storage provided by Adobe’s Flash plugin (a “Flash Cookie”). Cookies may contain user preferences, unique identifiers and other non-personal information. A “Web Beacon” is a small, usually-transparent image placed on a web page that allows us or our partners to collect non-personal information.

You can erase information stored in Cookies, Flash Cookies, and local browser storage at any time, but you may be forced to login to the Platforms and Services again and you may lose some preferences or settings. You can also set your browser to refuse all website storage or to indicate when it is permitted, but some features of our Platforms and Services may not function properly without it. We do not use Cookies, Web Beacons or similar technologies to store personal information.  By using the Platforms and Services, you agree to our use of Cookies and similar technologies.

We will not use non-personal information to try to identify you, and if we associate any non-personal information with information that personally identifies you, then we will treat it as personal information.

Personal information will be collected for Users in order for Users to enjoy the full functionality of the Platforms and Services and to connect with Providers for Telemedicine Services.  Such personal information may include: your name, address, age, physical location, username and password, language(s) spoken, credit card or other payment information, and any other information you provide to us. 

 You may also furnish us with your PHI in connection with your seeking Telemedicine Services from Providers.  We may also collect your PHI from Providers and other sources in connection with Telemedicine Services you receive from Providers through the Platforms and Services.  This PHI may include your diagnoses, treatments, test results, medical/family /social histories, and records of your communications with Providers. 

The privacy of your PHI will be governed by the Health Insurance Portability and Accountability Act (“HIPAA”) and the Notice of Privacy Practices of the applicable Providers you select for Telemedicine Services. If there is a conflict between this Privacy Policy and the applicable Notice of Privacy Practices, the terms of that Notice of Privacy Practices will govern.  You will be furnished the applicable Notice of Privacy Practices in advance of receiving Telemedicine Services from a Provider.

Certain features of the Platforms or Services may allow you to interact and communicate with others, such as through message and chat boards.  Any information you submit through those features may be publicly available to others are not protected by this Privacy Policy.

When you post information that will be publicly disclosed, you will be responsible for your disclosure of any information through these features.

          5. Use and Disclosure of Information

By continuing to use the Platforms and Services, you agree that EDOC TELEMED may use and disclose the information we collect to:

• monitor and improve the performance, quality and features of the Platforms and Services,
• detect, prevent or otherwise address fraud, security or technical issues,
• help visits set up accounts to become Users,
• bill and process payments on behalf of Providers for the Telemedicine Services they furnish to Users,
• provide customer service,
• communicate with you in connection with the Platform and Services you receive from EDOC TELEMED and the Telemedicine Services you receive from Providers,
• share your information with other Providers, health care providers, pharmacies, government agencies, insurance companies and other entities relevant to providing you with Telemedicine Services and related support,
• send you information about additional services and general information,
• share within EDOC TELEMED (and its affiliates that are subject to this Privacy Policy) and its third-party service providers to perform their functions (including, for administrative and management purposes, audits, analytics, marketing), where they are contractually obligated to keep your information confidential and use it only for the reasonable business purposes,
• customize the content you encounter when you use the Platform and Services,
• share with legal, financial, accounting and other advisors that provide services to EDOC TELEMED and are required to maintain the confidentiality of your information,
• third-parties in the event of a bankruptcy, liquidation or receivership of EDOC TELEMED,
• respond to lawful subpoenas, orders and other governmental requests,
• protect the rights, property and safety of us, our Users and other third parties,
• monitor for compliance with the Terms and Conditions (which can be found at https://www.edoctelemed.com/terms-of-use),
• prevent a crime or protect national security,
• allow EDOC TELEMED to exercise its legal rights and defend against legal claims,
• share with a potential purchaser or investor in connection with the sale, merger, or other acquisition of or investment in EDOC TELEMED or its assets, and you hereby agree and consent to the disclosure and transfer of rights to your information,
• share your information with any other entity or individual with your consent,
• engage in activities as otherwise required or permitted by applicable law.

We will not sell your personal information to third parties without your permission.

We may, however, disclose non-personal information, anonymized or aggregated, to our affiliates, clients, business partners, merchants, advertisers, investors, potential buyers and other third parties if we deem such disclosure, in our sole discretion, to have sound business reasons or justifications.

When you use our Platforms and Services, we make good faith efforts to provide you with access to your personal information and the opportunity to correct or delete such information, except is such information must be retained as required by law or for legitimate business purposes. We ask Users to identify themselves and the information requested to be accessed, corrected or removed before processing such requests, and we may decline to process requests that are unreasonably repetitive or systematic, require disproportionate technical effort, jeopardize the privacy of others, or would be extremely impractical (for instance, requests concerning information residing on backups), or for which access is not otherwise required. In any case, where we provide information access and correction, we perform this service free of charge, except if doing so would require a disproportionate effort.

If you delete your personal information, you may not be able to continue to use the Platforms or Services. Also, even if you request that we delete your personal information, we may need to retain certain information for a limited period of time to satisfy our legal, audit and/or dispute resolution requirements.

We do not knowingly collect personal information from users under eighteen (18) years of age.

We use commercially reasonable information security measures to safeguard your personal information. Unfortunately, however, no data transmission over the Internet and no method of data storage can be guaranteed to be 100% secure. Therefore, while we strive to use commercially acceptable means to protect your personal information, we cannot guarantee its security.                                               

Residents of California have additional rights provided under the California Consumer Privacy Act and the California Online Privacy Practices Act. 

A California resident who has provided personal information to us is entitled to request information about whether the business has disclosed personal information to any third parties for the third parties’ direct marketing purposes. In general, if we have made such a disclosure of personal information, upon receipt of a request by you, we are required to provide a list of all third parties to whom personal information was disclosed in the preceding calendar year, as well as a list of the categories of personal information that were disclosed.

We are not required to provide the above-described lists if we adopt and disclose to the public (in our Privacy Policy) a policy of not disclosing a User’s personal information to third parties for their direct marketing purposes unless the User first affirmatively agrees to the disclosure, as long as we maintain and disclose this policy.

We may comply with the law by notifying you of your right to prevent disclosure of personal information to third parties for direct marketing purposes and providing a cost free means to exercise that right. To prevent disclosure of your personal information for use in direct marketing by a third party for its own purposes, do not opt in to or authorize such use when you provide personal information on the Platforms and Services. Please note that whenever you allow your personal information to be shared with a third party to communicate with you, your information will be subject to that third party’s privacy policy. If you later decide that you do not want that third party to use your information, you will need to contact the third party directly. You should always review the privacy policy of any party that collects your information to determine how that entity will handle your information.

We will not discriminate against you for exercising any of your rights under the California Consumer Privacy Act and the California Online Privacy Practices Act.  If you exercise your rights, we will not deny you goods or services, charge you different prices or rates for goods or services, or provide you with a different level or quality of goods and services.

You may request access to or the deletion of your personal information, exercise your rights, or seek further information about our compliance with California’s privacy law by e-mailing support@edoctelemed.com.  

Please note that the Platforms and Services may link or integrated with third party sites, services or apps. We are not responsible for the privacy or security policies or practices or the content of such third parties. Accordingly, we encourage you to review the privacy and security policies and terms of service of those third parties so that you understand how those websites collect, use, share and protect your information.

          11. Questions

To ask questions about our Privacy Policy or to lodge a complaint, contact us at support@edoctelemed.com.