Effective as of June 9, 2016
I. Collection of Your Information
B. Information Collection Through the Vytalize Health Mobile Application and Website:
The Vytalize Health Services are primarily provided through the Website or an application on your mobile device, tablet computer or similar device (a “Mobile Application“). You agree that Vytalize Health may collect and use technical data and related information, including, but not limited to, technical information about your device, system and application software, and peripherals, that is gathered periodically to facilitate the provision of software updates, product support and other services to you (if any) related to such Mobile Application. When you use any of our Mobile Application, the Mobile Application may automatically collect and store some or all of the following information from your mobile device (“Mobile Device Information“), including, but not limited to: (i) your preferred language and country site (if applicable), (ii) your telephone number or other unique device identifier assigned to your mobile device , (iii) the IP address of your mobile device, (iv) the manufacturer and model of your mobile device, (v) your mobile operating system, (vi) the type of mobile Internet browsers you are using, (vii) your geolocation, (viii) information about how you interact with the Mobile Application and any of our websites to which the Mobile Application links, such as how many times you use a specific part of the Mobile Application over a given time period, the amount of time you spend using the Mobile Application, how often you use the Mobile Application, actions you take in the Mobile Application, and how you engage with the Mobile Application, and (ix) information to allow us to personalize the services and content available through the Mobile Application (all such information shall be included in the definition of “Your Information”).
C. Technologies Used to Collect Your Information: In addition to collecting Your Information from you as described above, Vytalize Health may also employ the following (and other) technologies to collect Your Information automatically:
● Web Beacons. Small graphic images or other web programming code called web beacons may be included in our web and mobile pages and messages. The web beacons are tiny graphics with a unique identifier, similar in function to cookies, and are used to track the online movements of Web users. In contrast to cookies, which are stored in a user’s computer hard drive, web beacons are embedded invisibly on Web pages and are about the size of the period at the end of this sentence. Web beacons or similar technologies help us better manage content on our Services by informing us what content is effective, count users of the Services, monitor how users navigate the Services, count how many e-mails that we send were actually opened or count how many particular articles or links were actually viewed. We do not tie the information gathered by web beacons to Your Information.
● Embedded Scripts. An embedded script is programming code that is designed to collect information about your interactions with the Services, such as the links you click on. The code is temporarily downloaded onto your Device from our web server or a third party service provider, is active only while you are connected to the Services, and is deactivated or deleted thereafter.
II. How Vytalize Health May Use and Disclose Your Information
A. Use of Your Information: Your Information is collected to provide you with a positive experience when using the Vytalize Health Services. In addition to using Your Information for the purposes described above:
● For Services. We may use or disclose Your Information to provide you with the Vytalize Health Services, and so may disclose it to, without limitation, nurses, doctors or other employees, subcontractors or agents who are involved in providing healthcare services to you as part of the Vytalize Health Services. For example, a nurse administering you an I.V. may need to know if you have diabetes.
● For Payment. We may use and disclose Your Information so that the Services we provide may be billed to and payment may be collected from you, an insurance company or a third party (if applicable). You may restrict disclosures by us of medical information to your health plan regarding services you paid for yourself in full.
● For Our Operations. We may use and disclose Your Information to facilitate our operations. For example, we may do this by monitoring which features of the Services are used most, identifying your address, telephone number and current location. We may share information about you, including Your Information, with our parent, subsidiaries and affiliates for internal and operational reasons. We may also use Your Information so that we are able to serve you the correct version of the Mobile Application, depending on your Device type, for troubleshooting and, in some cases, for marketing purposes. In addition, we may use Your Information:
To review your history of Services;
To determine if you have any restrictions on any type of Services that may be provided;
To recommend certain products and/or Services;
To provide you with information or services or process transactions that you have requested or agreed to receive, including to send you electronic newsletters, or to provide you with special offers or promotional materials on behalf of us or third parties;
To process your registration for the Services, including verifying that your information is active and valid;
To improve the Services or our services, to customize your experience with the Services, or to serve you specific content that is most relevant to you;
To enable you to participate in a variety of the Services’ features and promotions, such as online or mobile entry sweepstakes, contests or other promotions;
To contact you with regard to your use of the Services and, in our discretion, changes to the Services and/or the Services’ policies;
For internal business purposes; and
For inclusion in our data analytics.
● Appointment Reminders. We may use and disclose Your Information to contact you as a reminder that you have an appointment.
● Treatment Alternatives. We may use and disclose medical information to tell you about or recommend possible Service or care options or alternatives that may be of interest to you.
● Benefits and Services. We may use and disclose medical information to tell you about benefits or services that may be of interest to you.
● Contractors and Agents. In certain cases, we will provide Your Information to contractors, agents and other parties who need the information in order to perform a service for us, such as providing you with Services, obtaining payment for Services, or carrying out business operations. Another example is that we may share Your Information with an insurance company, law firm or risk management organization in order to obtain professional advice about how to manage risk and legal liability, including insurance or legal claims. However, you should know that, in these situations, we require third parties to provide us with assurances that they will safeguard Your Information.
● Use of Your Information for Service Related Information. We will send you service-related announcements on those occasions when it is necessary to do so. For instance, if our Services are temporarily suspended for maintenance, we might send you an email. Generally, you may not opt-out of these communications, which are not promotional in nature. If you do not wish to receive them, you have the option to deactivate your account.
III. Disclosure of Information to Other Third Parties
● Disclosure of Non Personally Identifiable Information: Vytalize Health may share non-personally identifiable (or “de-identified”) information, such as aggregated user statistics and log data, with third parties for industry analysis, demographic profiling, to deliver targeted advertising about other products or services, or for other business purposes.
● Agreeing to Receive Information from Third Parties: You may be presented with an opportunity to receive information and/or marketing offers directly from third parties. For example, we may use Your Information to enable us to send you advertisements from our advertisers for their target audiences. Even though we do not disclose your Personal Information to our advertisers for these purposes without your consent, if you click on or otherwise interact with an advertisement, the advertiser may assume that you meet its target criteria. We do not share Your Information with third parties for those third parties’ direct marketing purposes to you, unless you consent to such sharing at the time you provide Your Information. If you agree to have Your Information shared, Your Information will be disclosed to such third parties and all information you disclose will be subject to the privacy policies and practices of such third parties. We are not responsible for the privacy policies and practices of such third parties and, therefore, you should review the privacy policies and practices of such third parties before agreeing to receive such information from them. If you later decide that you no longer want to receive communications from a third party, you will need to contact that third party directly.
● Administrative and Legal Reasons for Disclosure of Information: We cooperate with government and law enforcement officials and private parties to enforce and comply with the law. Thus, we may access, use, preserve, transfer and disclose Your Information, including disclosure to third parties such as government or law enforcement officials or private parties as we reasonably determine is necessary and appropriate:
To satisfy any applicable law, regulation, subpoenas, governmental requests or legal process, court order, warrant, summons or similar process (We may release Your Information to authorized federal officials for intelligence, counterintelligence, and other national security activities authorized by law);
To defend lawsuits and disputes arising from or relating to the Agreement;
To protect and/or defend the Agreementor other policies applicable to any online and mobile Services, including investigation of potential violations thereof;
To protect the safety, rights, property or security of the Company, our Services, our customers, or any third party;
To protect the safety of the public for any reason;
To identify or locate a suspect, fugitive, material witness, or missing person;
To detect, prevent or otherwise address fraud, security or technical issues;
To prevent or stop activity we consider to be, or to pose a risk of being, an illegal, unethical, criminal or legally actionable activity; and
We may use IP addresses or other device identifiers to identify users, and may do so in cooperation with third parties such as copyright owners, internet service providers, wireless service providers and/or law enforcement agencies, including disclosing such information to third parties, all in our discretion. Such disclosures may be carried out without notice to you.
● Reasons for Disclosure of Your Information: We also reserve the right to disclose and transfer all of Your Information:
To public health reporting and other governmental healthcare oversight activities. Your health information may be disclosed to public health agencies as required by law. For example, we are required to report certain communicable diseases to the state’s public health department, as well as certain suspected abuse situations. Should we report suspected elder or dependent adult abuse or domestic violence, we will inform you or your personal representative promptly unless, in our best professional judgment, we believe the notification would place you at risk of serious harm or would require informing a personal representative we believe is responsible for the abuse or harm.
In connection with a merger, consolidation, restructuring, the sale of all or substantially all of our ownership interests and/or assets, or other structural change, including, during the course of any due diligence process;
To comply with any court order, law or legal process, including to respond to any government or regulatory request; and
If we believe disclosure is necessary or appropriate to protect the rights, property, or safety of Vytalize Health, our customers or others. This includes exchanging information with other companies and organizations for the purposes of fraud protection and credit risk reduction.
IV. Data Security.
● Security Measures. We have implemented measures designed to secure your personal information from accidental loss and from unauthorized access, use, alteration and disclosure. The safety and security of your information also depends on you. Where we have given you (or where you have chosen) a password for access to certain parts of our Website or Mobile Application, you are responsible for keeping this password confidential. We ask you not to share your password with anyone. Vytalize Health urges that you to be careful about giving out information in public areas of the Website or the Mobile Application, such as blogs and message boards. The information you share in public areas may be viewed by third parties.
● Security Disclaimer. Unfortunately, the transmission of information via the internet is not completely secure. Although we do our best to protect your personal information, we cannot guarantee the security of your personal information transmitted. Any transmission of personal information is at your own risk. We are not responsible for circumvention of any privacy settings or security measures contained on the Website or in the Mobile Application.
V. Your Rights.
A. You may have certain rights under various state and federal privacy standards. These include:
● Right to Request Restrictions. The right to request restrictions on the use and disclosure of your protected Health Information by a written request specifying what information you want to limit, and what limitations on our use or disclosure of that information you wish to have imposed. If you do not want us to share Your Information with third parties, you can opt-out by emailing us at firstname.lastname@example.org or writing to us at the address set forth below. In your request, you must tell us what (1) what information you want to limit, (2) whether you want to limit our use, disclosure or both; and (3) to whom you want the limits to apply. We may not be required to agree to the restriction that you requested due to limitations contained in applicable laws and we will notify you of our decision to reject your request. If we reject your request, you have the option of deactivating your account;
● Alternative Communication Means. The right to receive communications from us concerning your condition and treatment through reasonable, confidential alternative means selected by you, for example via electronic mail. To request alternative communication means, you must send us an email at email@example.com and the request must specify how or where you wish to be contacted. We may not be able to accommodate your request, in which case you may deactivate your account;
● Right to Inspect a Copy. The right to inspect and copy your Health Information. To access your Health Information, you must submit a written request detailing what information you want access to, whether you want to inspect it or get a copy of it, and if you want a copy, your preferred form and format. We will provide copies in your requested form and format if it is readily producible, or we will provide you with an alternative format you find acceptable. We will charge a reasonable fee which covers our costs for labor, supplies, postage, and if requested and agreed to in advance, the cost of preparing an explanation or summary, as allowed by applicable law. We may deny your request under limited circumstances;
● Right to Amend. The right to amend or submit corrections to your Health Information by submitting a written request including the reasons you believe the information is incorrect or incomplete. We are not required to change your Health Information and will provide you with information regarding our denial of such requested amendment. If we deny your request, you may submit a written statement of your disagreement with that decision, and we may, in turn, prepare a written rebuttal;
● Right to an Accounting. The right to receive an accounting of how and to whom your protected Health Information has been disclosed; provided, however, we are not required to provide to you with an accounting of disclosures made for the purposes of treatment, payment, health care operations, information provided directly to you, information provided pursuant to your written authorization, and certain government functions; and
● Printed Copy. The right to receive a printed copy of this notice.
VI. Information From Children. The Website, Mobile Application and Services are not intended or designed to attract children under the age of 18. We do not collect personally identifiable data from any person that we know to be under the age 18. If we learn that a user under the age of 18 is publicly posting or sharing personally identifiable information in or through the Website or the Mobile Application, then we will use commercially reasonable measures to block that user from using the Website and Mobile Application.
VIII. Use of or Access to the Services, Mobile Application or Website Outside the United States. If you are located anywhere outside of the United States, please be aware that information we collect, including, Personal Information, will be transferred to, processed and stored in the United States. The data protection laws in the United States may differ from those of the country in which you are located, and your Personal Information may be subject to access requests from governments, courts, or law enforcement in the United States according to laws of the United States. By using the Services, the Website or the Mobile Application or providing us with any information, you consent to this transfer, processing and storage of your information in the United States.
X. Your Information After Cancelling Account. You are responsible for maintaining the accuracy of the information you submit to Vytalize Health, such as your contact information provided as part of account registration. If Your Information changes, or if you no longer desire to use the Vytalize Health Services, you may correct, delete inaccuracies, or amend information by making the change on our member information page, through the Mobile Application, or by contacting us via email at firstname.lastname@example.org. We will make good faith efforts to make requested changes in our then-active databases as soon as reasonably practicable. Vytalize Health will retain Your Information for as long as your account with the Services is active and as needed to provide you Services. Even after your account is terminated, we will retain your Personal Information as needed to comply with our legal and regulatory obligations, resolve disputes, conclude any activities related to cancellation of an account (such as addressing chargebacks from your credit card companies), investigate or prevent fraud and other inappropriate activity, to enforce the Agreement, and for other business reasons. After a period of time, your data may be anonymized and aggregated, and then may be held by us as long as necessary for us to provide our Services effectively, but our use of the anonymized data will be solely for analytic purposes.
XII. Complaints. If you believe your privacy rights have been violated, immediately contact Vytalize Health at email@example.com. All complaints must be submitted in writing. You will not be penalized for filing a complaint.
CONTACTING Vytalize Health:
PHONE: 1-844-VYTALIZ (898-2549)
ADDRESS: 221 River Street | 9th Floor | Hoboken, NJ 07030
Copyright © 2016 Vytaliz LLC. All Rights Reserved.