WEBSITE PRIVACY POLICY. Last updated and effective as of August 22, 2013
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1 WEBSITE PRIVACY POLICY Last updated and effective as f August 22, 2013 Welcme t the Acumen Patient Prtal website (the Site ). This Site is wned and perated by Acumen Physician Slutins, LLC, r ne r mre f its direct r indirect affiliates (cllectively, the Cmpany, we r us ). This Site serves as a Patient Prtal that prvides yu with the ability t exchange secure messages with yur health care prvider and may prvide ther features in the future. We respect yur privacy and are cmmitted t prtecting it thrugh ur cmpliance with this privacy plicy (the Website Privacy Plicy ) fr this Site. This Website Privacy Plicy describes the types f infrmatin we may cllect frm yu r that yu may prvide when yu visit this Site and ur practices fr cllecting, using, maintaining, prtecting and disclsing that infrmatin. We have created this Website Privacy Plicy in rder t infrm yu f ur firm cmmitment t safeguarding the privacy and security f infrmatin yu prvide. Please read this Website Privacy Plicy carefully befre using this Site. We will treat any infrmatin we cllect frm yu thrugh this Site in accrdance with this Website Privacy Plicy. By accessing r using this Site, yu cnsent t all actins taken by us with respect t yur infrmatin in cmpliance with this Website Privacy Plicy. If yu are unwilling t accept the terms and cnditins f this Website Privacy Plicy, yu must nt access r use this Site. This Website Privacy Plicy may change frm time t time. Yur cntinued use f this Site after we make changes is deemed t be acceptance f thse changes, s please check this Website Privacy Plicy peridically fr updates. 1. APPLICATION OF THIS POLICY This Website Privacy Plicy applies nly t infrmatin cllected thrugh this Site, including in , text and ther electrnic messages between yu and this Site. This Website Privacy Plicy des nt apply t infrmatin cllected ffline r thrugh any ther means, including any ther website perated by us r any third party. In additin, this Website Privacy Plicy des nt apply t, and shuld nt be cnfused with yur health care prvider s Ntice f Privacy Practices which applies t its use and disclsure f certain Prtected Health Infrmatin (as that term is defined in its Ntice f Privacy Practices), that yu may submit via this Site. This Website Privacy Plicy and the Terms f Use are gverned by United States law, and we make n representatin that this Site is apprpriate r available fr use in lcatins utside f the United States. 2. THIS SITE DOES NOT PROVIDE MEDICAL ADVICE THE CONTENTS OF THIS SITE (SUCH AS TEXT, GRAPHICS, IMAGES, INFORMATION OBTAINED BY US FROM THIRD PARTY
2 LICENSORS AND OTHER MATERIAL CONTAINED ON THIS SITE) IS MADE AVAILABLE TO YOU FOR INFORMATIONAL PURPOSES ONLY. THIS SITE AND THE CONTENT APPEARING ON THIS SITE ARE NOT SUBSTITUTES FOR PROFESSIONAL MEDICAL ADVICE, DIAGNOSIS OR TREATMENT. ALWAYS SEEK THE ADVICE OF YOUR PHYSICIAN OR OTHER QUALIFIED HEALTH CARE PROVIDER WITH ANY QUESTIONS YOU MAY HAVE REGARDING A MEDICAL CONDITION. NEVER DISREGARD MEDICAL ADVICE OR DELAY IN SEEKING IT BECAUSE OF SOMETHING YOU HAVE READ ON THIS SITE. IN AN EMERGENCY, CALL 911 OR YOUR LOCAL EMERGENCY ASSISTANCE NUMBER. IN NO EVENT WILL WE BE LIABLE FOR ANY DECISION MADE OR ACTION TAKEN IN RELIANCE UPON THE INFORMATION PROVIDED THROUGH THIS SITE. 3. INFORMATION WE COLLECT We cllect several different types f infrmatin frm and abut users f this Site, including: infrmatin that is abut yu but des nt identify yu individually ( Annymus Infrmatin ); and infrmatin by which yu may be persnally identified and is prvided by yu t us in certain areas f ur Site ( Persnally Identifiable Infrmatin ). We cllect this infrmatin: directly frm yu when yu prvide it t us; autmatically as yu navigate thrugh this Site (infrmatin cllected autmatically may include usage details, IP addresses and infrmatin cllected thrugh ckies, web beacns and ther tracking technlgies); and frm third parties such as, fr example, ur business partners and affiliates. 4. ANONYMOUS INFORMATION As yu navigate thrugh and interact with ur Site, we autmatically cllect certain Annymus Infrmatin abut yur equipment, brwsing actins and patterns, including details f yur visits t ur Site, including traffic data, lcatin data, and the resurces that yu access and use n this Site, infrmatin abut yur cmputer and internet cnnectin, including yur IP address (a 2
3 unique string f numbers that is autmatically assigned t yur cmputer by yur Internet Service Prvider), perating system and brwser type. The Annymus Infrmatin we cllect autmatically is statistical data and des nt identify any individual. It helps us t administer and imprve ur Site and t deliver a better and mre persnalized service by enabling us t estimate ur audience size and usage patterns, stre infrmatin abut yur preferences, allwing us t custmize ur Site accrding t yur individual interests, speed up yur searches and recgnize yu when yu return t ur Site. We d nt cllect Persnally Identifiable Infrmatin autmatically, but we may tie this infrmatin t persnal infrmatin abut yu that we cllect frm ther surces r yu prvide t us. We prvide this Site fr use nly by persns lcated in the United States. The technlgies we use fr the autmatic cllectin f Annymus Infrmatin may include: Ckies (r brwser ckies). As is the case with many websites, ur Site uses a technlgy called ckies which are small data files that are dwnladed nt yur cmputer. The use f ckies is standard n the Internet, and is required fr us t tailr yur visits t ur Site t yur individual preferences. We may als cntract with third party service prviders wh assign ckies t cnduct site tracking fr us. These cmpanies use ckies slely t prvide us with aggregate data abut Site traffic. Flash Ckies. Certain features f ur Site may use lcally stred bjects (r Flash ckies) t cllect and stre infrmatin abut yur preferences and navigatin t, frm and n ur Site. Flash ckies are nt managed by the same brwser settings as are used fr brwser ckies. Fr infrmatin abut managing yur privacy and security settings fr Flash ckies, see Tracking Technlgies and Advertising fund in Sectin 7 f this Website Privacy Plicy belw. Web Beacns. Pages f ur Website and ur s may cntain small electrnic files knwn as web beacns (als referred t as clear gifs, pixel tags and single-pixel gifs) that permit the Cmpany, fr example, t cunt users wh have visited thse pages r pened an and fr ther related website statistics (fr example, recrding the ppularity f certain website cntent and verifying system and server integrity). 5. PERSONALLY IDENTIFIABLE INFORMATION We cllect Persnally Identifiable Infrmatin directly frm yu when yu prvide it t us r when we receive it frm third parties, such as ur business partners and affiliates. The Persnally Identifiable Infrmatin we cllect n r thrugh ur Site may include: Crrespndence and Frm Infrmatin. By registering t use this Site, yu will be prviding yur address and authrizing us t maintain and use it, initially, t transmit nn-secure messages t yu indicating that a secure message frm yur health care prvider is available fr yu t retrieve frm the 3
4 Patient Prtal. We may als use yur address as part f ur authenticatin prcess t verify yur identity. This Site als may include links r frms that can be used t cntact us in cnnectin with yur use f the Site. We may put infrmatin frm s n file, but d nt currently share, sell, license r transmit this infrmatin with r t third parties withut express authrizatin frm yu. T withdraw yur registratin, r t unsubscribe, please cntact yur health care prvider whse cntact infrmatin may be fund n the Patient Prtal. Newsletters and Other Cmmunicatins. We may, frm time t time, ffer patient visitrs t this Site the pprtunity t sign up t receive newsletters r ther cmmunicatins frm this Site, at their wn request. In rder t sign up fr these cmmunicatins, we ask fr cntact infrmatin, such as name and address. We als may ffer the pprtunity fr yu t receive mailings frm ur business partners r affiliates that we think may be f interest t yu. We d nt currently share, sell, license r transmit this infrmatin t unaffiliated third parties unless permitted by law r with express authrizatin frm yu. Yu can unsubscribe frm these cmmunicatins at any time thrugh the unsubscribe link in each cmmunicatin, cntacting us via at supprt@acumenmd.cm r by cntacting us in writing at the address prvided belw. User Cntributins and Submissins. This Site may cntain message bards, chat rms, persnal web pages r prfiles, frums, secure messaging, bulletin bards r ther interactive features (cllectively, Interactive Features ) that allw users t uplad, pst, submit, publish, display r transmit cntent r materials t ther users f this Site r ther persns (cllectively, User Cntributins and Submissins ) n r thrugh this Site. Yur User Cntributins and Submissins are psted n this Site and transmitted t thers at yur wn risk. Please be aware that n security measures are perfect r impenetrable and that we cannt cntrl the actins f ther users f this Site with whm yu may chse t share yur User Cntributins and Submissins. Therefre, we cannt and d nt guarantee that yur User Cntributins and Submissins will nt be viewed by unauthrized persns. 6. HOW WE USE INFORMATION YOU PROVIDE The infrmatin yu share with us may be used as nted in this Website Privacy Plicy, including, fr example: Annymus Infrmatin: Annymus Infrmatin is used internally fr Site administratin, trubleshting and t help imprve the quality f this Site and its design. We may share such aggregated, nn-persnally identifiable infrmatin, such as demgraphics, withut restrictin, including with existing and prspective third party business partners, researchers and advertisers. We never cnnect Annymus Infrmatin with Persnally Identifiable Infrmatin. 4
5 Persnally Identifiable Infrmatin: We may disclse Persnally Identifiable Infrmatin that we cllect r that yu prvide as described in this Website Privacy Plicy. In all cases, hwever, we will nly use r disclse yur Persnally Identifiable Infrmatin as permitted by law and ur agreements with yu, including the Terms f Use. Persnally Identifiable Infrmatin cllected by us r prvided t us thrugh this Site may be disclsed and used by us and ur subsidiaries and affiliates as fllws: t ur subsidiaries and affiliates; fr purpses including administratin f this Site (e.g., t facilitate the cllectin and flw f infrmatin that permits yu t access the Patient Prtal and exchange secure messages with yur health care prvider); t ntify yu abut changes t ur Site r any prducts r services we ffer r prvide thugh it; t allw yu t participate in the Patient Prtal, Interactive Features n ur Site, and cmmunicatins with yu; t cntractrs, service prviders and ther third parties we use t supprt ur business and wh are bund by cntractual bligatins t keep Persnally Identifiable Infrmatin cnfidential and secure and use it nly fr the purpses fr which we disclse it t them; t a buyer r ther successr in the event f a merger, divestiture, restructuring, rerganizatin, disslutin r ther sale r transfer f sme r all f assets f us r ur subsidiaries r affiliates, whether as a ging cncern r as part f bankruptcy, liquidatin r similar prceeding, in which Persnally Identifiable Infrmatin abut ur Site users is amng the assets transferred; t fulfill the purpses fr which yu prvide it (e.g. primarily t facilitate yur access t the Patient Prtal and the exchange f secure messages with yur health care prvider); fr any ther legally permissible purpse disclsed by us when yu prvide the infrmatin; r with yur cnsent. We may als disclse Persnally Identifiable Infrmatin if we are required t d s by law r we in gd faith believe that such actin is necessary t (a) cmply with any curt rder, law r legal prcess, including t respnd t any gvernment r regulatry request; (b) prtect and defend ur rights and prperty; (c) prtect against misuse r unauthrized use f this Site; r (d) prtect the persnal safety r prperty f ur users r the public. Please nte that we may nt prvide yu with ntice prir t disclsure in such cases. 5
6 We may als disclse yur Persnally Identifiable Infrmatin t enfrce r apply ur Terms f Use and ther agreements, including fr billing and cllectin purpses 7. ADVERTISEMENTS AND OPTING OUT We supprt the right f ur visitrs t chse. We strive t prvide yu with chices regarding the persnal infrmatin yu prvide t us. We have created mechanisms t prvide yu with the fllwing cntrl ver yur infrmatin: Tracking Technlgies and Advertising. Users can pt ut f ckies at any time. Yu can als set yur brwser t refuse all r sme brwser ckies, r t alert yu when ckies are being sent. The Netwrk Advertising Initiative prvides instructins and infrmatin n hw t pt ut f cmmunicatins: Users can use their brwser settings t decide whether t turn n and ff ckies n this Site. T learn hw yu can manage yur Flash ckie settings, visit the Flash player settings page n Adbe s website. If yu disable r refuse ckies, please nte that sme parts f this Site may then be inaccessible r nt functin prperly. Research and Analytics. We may use Ggle Analytics t better understand hw visitrs interact with ur Site. This service prvides Annymus Infrmatin including but nt limited t data n where visitrs came frm, what actins they tk n ur Site, and where visitrs went when they left this Site. We may use this infrmatin t imprve yur experience when visiting ur Site. Please click here: t learn mre abut this service and hw t pt ut f data cllectin by Ggle Analytics. We may als wrk with ther business partners t cnduct research surveys in rder t imprve the user experience n ur site. We encurage yu read the privacy statements f these business partners t learn abut their data practices. 8. ACCESS AND CORRECTION Yu have a right t knw abut the Persnally Identifiable Infrmatin that we hld abut yu and gathered thrugh this Site, including the right t crrect, amend r delete the infrmatin that we have n file if it is incrrect. If yu wish t exercise these rights please cntact yur health care prvider whse cntact infrmatin may be fund n the Patient Prtal. If yu delete yur User Cntributins and Submissins frm this Site, cpies f yur User Cntributins and Submissins may remain viewable in cached and archived pages, r might have been cpied r stred by ther Site users. Prper access and use f infrmatin prvided n this Site, including User Cntributins and Submissins, is gverned by ur terms f use 6
7 9. SECURITY This Site incrprates safeguards designed t prtect the security, integrity and privacy f the Persnally Identifiable Infrmatin we have cllected. We have put in place reasnable precautins t prtect infrmatin frm lss, misuse and alteratin, including Secure Scket Layer (SSL) technlgy. While n a secure page, the lck icn n the bttm f Web brwsers such as Micrsft Internet Explrer and Mzilla Firefx becmes lcked, as ppsed t unlcked, r pen, when yu are just surfing. The safety and security f yur infrmatin als depends n yu. Where we have given yu (r where yu have chsen) a passwrd fr access t certain parts f ur Site, yu are respnsible fr keeping this passwrd cnfidential. We ask yu nt t share yur passwrd with anyne. We urge yu t be careful abut giving ut infrmatin in public areas f this Site like message bards. The infrmatin yu share in public areas may be viewed by any user f this Site. Unfrtunately, the transmissin f infrmatin via the Internet is nt cmpletely secure. When yu receive an ntificatin frm us t yur persnal address indicating that yu have a secure message available n the Patient Prtal f this Site, that ntificatin is nt encrypted and is nt secure. Yu will nt be able t respnd t that ntificatin thrugh yur . The ntificatin will direct yu t the Patient Prtal at this Site in rder fr yu t lg in and retrieve the secure message awaiting yu there. Once yu lg int the Patient Prtal n this Site, the message that yu access and retrieve n the Patient Prtal (as ppsed t n yur persnal ) is encrypted and secure. Again, it is imprtant t keep in mind that when yu are lgged int the Patient Prtal and are sending r receiving messages t r frm yur health care prvider thrugh the Patient Prtal, thse messages are encrypted and secure; hwever, messages t r frm yur persnal are nt secure. Althugh we d ur best t prtect yur persnal infrmatin, and have implemented technlgy t encrypt and secure messages frm yur health care prvider thrugh n this Site, we cannt guarantee the security f yur persnal infrmatin transmitted t ur Site. Any ther transmissin f persnal infrmatin is at yur wn risk. We are nt respnsible fr circumventin f any privacy settings r security measures cntained n this Site. While we strive t prtect yur persnal infrmatin, we cannt ensure r warrant the security f any Persnally Identifiable Infrmatin yu transmit t us r thrugh this Site. Once we receive yur transmissin, we will use reasnable effrts t ensure its security n ur internal systems. Depending n the nature f the inquiry, yur cmmunicatin may be discarded r archived. Please nte that yur , like mst, if nt all, nn-encrypted Internet cmmunicatins, may be accessed and viewed by ther Internet users, withut yur knwledge and permissin, while in transit t us. Fr that reasn, t prtect yur privacy, please d nt use t cmmunicate infrmatin t us that yu cnsider sensitive r cnfidential. If yu wish, yu may cntact us instead via telephne at the numbers prvided thrughut ur Site r at the address belw. 7
8 10. EXTERNAL LINKS This Site may prvide links t varius websites that we d nt cntrl. When yu click n ne f these links, yu will be transferred ut f ur Site and cnnected t the website f the rganizatin that yu selected. We are nt respnsible fr the nature, quality r accuracy f the cntent r pinins expressed n such websites, and such websites are nt investigated, mnitred r checked fr quality, accuracy r cmpleteness by us. Inclusin f any linked website n this Site des nt imply r express an apprval r endrsement f the linked website by us, r f any f the cntent, pinins, prducts r services prvided n these websites. Even if an affiliatin exists between ur Site and a third-party website, we exercise n cntrl ver linked sites. Each f these linked sites maintains its wn independent privacy and data cllectin plicies and prcedures. While we expect ur business partners and affiliates t respect the privacy f ur users, we cannt be respnsible fr the actins f third parties. If yu visit a website that is linked t r frm ur Site, we encurage yu t cnsult that website s privacy plicy befre prviding any persnal infrmatin and whenever interacting with any website. 11. CONSENT AND MODIFICATIONS TO PRIVACY STATEMENT This Site is cntrlled, perated and administered entirely within the United States. By using this Site, yu signify yur agreement t the terms f this Website Privacy Plicy. If yu d nt agree with this Website Privacy Plicy, please d nt disclse any persnal infrmatin thrugh this Site. This Website Privacy Plicy is part f ur Terms f Use The use f this Site is gverned by ur Terms f Use and the laws f the Cmmnwealth f Massachusetts. This Website Privacy Plicy and the ntices utlined herein are nt intended t and d nt create any cntractual r ther legal rights in r n behalf f any third party. 12. SPECIAL NOTICE TO CALIFORNIA RESIDENTS Under Califrnia Civil Cde , residents f the State f Califrnia that have prvided any Persnally Identifiable Infrmatin t us have the right t request a list f all third parties t which we have disclsed Persnally Identifiable Infrmatin during the preceding year fr direct marketing purpses. Alternatively, the law prvides that if we have a privacy plicy that gives either an pt ut r pt-in chice fr use f Persnally Identifiable Infrmatin by third parties (such as advertisers r affiliated cmpanies) fr marketing purpses, we may instead prvide yu with infrmatin n hw t exercise yur disclsure chice ptins. The Cmpany qualifies fr the alternative 8
9 ptin and has established this Website Privacy Plicy that prvides yu with details n hw yu may either pt ut r pt-in t the use f yur Persnally Identifiable Infrmatin by third parties fr direct marketing purpses. If yu are a resident f the State f Califrnia and request infrmatin abut hw t exercise yur third party disclsure chices, please send a request t supprt@acumenmd.cm with a preference n hw ur respnse t yur request shuld be sent. 13. MODIFICATIONS TO WEBSITE PRIVACY POLICY We may mdify this Website Privacy Plicy at any time, at ur discretin, and mdificatins are effective upn being psted n this Site. It is ur plicy t pst any changes we make t ur privacy plicy n this page. The date n which this Website Privacy Plicy was last revised is identified at the tp f the page. Yu are respnsible fr ensuring we have an up-t-date active and deliverable address fr yu, and fr peridically visiting ur Site and this Website Privacy Plicy t check fr any changes. If we make material changes t hw we treat ur users Persnally Identifiable Infrmatin, we will ntify yu thrugh a ntice n this Site hme page r by ther reasnable means. 14. ACCOUNT REVISIONS, REVOKING AND DELETING PERSONAL INFORMATION We welcme yur questins, cmments and all feedback pertaining t yur privacy r any ther issue with regard t this Site. At any time, yu may ask us t cease any further use f yur address and direct us t delete any Persnally Identifiable Infrmatin yu have supplied. Althugh it is nt always pssible t remve r mdify such infrmatin, we will make reasnable effrts t d s. We cannt delete yur Persnally Identifiable Infrmatin except by als deleting yur user accunt. We may nt accmmdate a request t change infrmatin if we believe the change wuld vilate any law r legal requirement r cause the infrmatin t be incrrect. If yu have given us infrmatin fr ne f thse third parties we mentined abve and we have already passed it n, we may nt be able t delete r change the infrmatin. In the event that yu have given us Persnally Identifiable Infrmatin in the past and then have secnd thughts r want t update it, r if yu have any ther questins regarding this Website Privacy Plicy r this Site, yu may cntact us by sending us an stating yur request t supprt@acumenmd.cm r by cntacting us in writing at the address prvided belw: Address: Supprt Manager Acumen Physician Slutins, LLC 1550 W. McEwen Drive, Suite 500 Franklin, TN
10 Cpyright Acumen Physician Slutins, LLC. All rights reserved. Acumen and Acumen Physician Slutins and lg are trademarks f Acumen Physician Slutins, LLC r its affiliated cmpanies. All ther trademarks are the prperty f their respective wners. 10
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