LAST MODIFIED: August 2018
We have set forth this Privacy Policy to explain how FormDox (“Company”, “we”, “us”, or “our”) may collect, protect, share and use your information as part of our technology platforms, including without limitation, our company websites, web pages, mobile sites and mobile apps (the “Services”).
Your use of the Services constitutes your acceptance of this Privacy Policy and consent to the practices described herein. Company may update or revise this Privacy Policy from time to time. If we determine that the terms of this Privacy Policy should be revised, we will post the revised Agreement through our Services and update the “LAST MODIFIED” date provided above. You acknowledge the ability to access this Privacy Policy through our Services and agree to review this Privacy Policy periodically. Company will use your personal information in a manner consistent with the Privacy Policy in effect at the time you submitted the information and your continued use of the Services will mean you accept any current revised version of the Privacy Policy.
I. INFORMATION COLLECTED
You may visit and browse certain sections of the Services; in particular, the website, without providing personal information about yourself. However, viewing the website alone would limit your ability to receive certain other features, products or services from us. In order to access and use the majority of these features, products, or services, you will need to sign up for membership with FormDox as either a home health agency (“Agency”) or as a health care professional (“Caregiver”). To use the Services as an Agency or a Caregiver, a user must create an account with FormDox (a “Membership Account”). When creating a Membership Account with FormDox, depending on whether you sign-up as an Agency or Caregiver, you may be asked to submit certain personal information that can identify you (“Personally Identifiable Information,” or “PII”), such as your full name, address, telephone number, e-mail address, demographic information, bank account information, or credit card information. Additionally, you may provide information related to you or to your patients, including patients’ protected health information (“PHI”) during use of the Services. Company will use any personal information, including PII or PHI, disclosed by you only as permitted in this Privacy Policy and as allowed by law. You may revoke any authorization to use any personal information, including PII or PHI, disclosed by you at any time. Company will not have access to a patient’s detailed medical records or any PHI other than that which is provided by you.
Company and its third-party service providers may use a variety of technologies that passively or automatically collect information about how the Services are accessed and used, including your browser type, device type, operating system, application version, the pages served to you, the time you browse, preceding page views, and your use of features or applications on the Services, so that we can determine how to better tailor our content or enhance the Services.
Like many websites, we may use data files, or “cookies,” placed on a computer, mobile device, or other device that may be used to access the Services, to facilitate site navigation and to personalize your experience, including tailoring advertisements or offers likely to appeal to you, based on your interests, preferences, location, or demographic information.
If you would prefer not to accept cookies, you can change your browser settings to notify you when you receive a cookie, which lets you choose whether or not to accept it; or set your browser to automatically not accept any cookies. However, please be aware that by doing so, some features and services on our Services may not work properly. Most of the Services we offer could not be made available if location data or information is not provided. Information will be collected from your mobile device, such as data related to the location of your device. If you do not wish for your location data to be collected or if we cannot identify your location or collect location data, then you will be unable to use the app. We may terminate your use of the Services if you prevent, or attempt to prevent, identification of your location or collection of location data in connection with the Services.
II. USE AND SHARING OF INFORMATION
Company uses the personal information
we collect about you for a variety of business purposes, including:
1. Responding to your questions and requests;
2. Providing you with access to certain services and features of the Services;
3. Scheduling and providing services related to scheduling home visit appointments, such as providing a list of Caregivers that are acceptable for an Agency’s patient’s needs for a particular home visit and providing notification of Agencies’ unscheduled available home visits to relevant Caregivers:
4. Obtaining payments for appointments;
5. Facilitating connections between Agencies and Caregivers;
6. Verifying your identity;
7. Communicating with you about your account and activities on the Services;
8. Sending notice of changes to Company’s policies;
9. Sending you content, advertisements, or offers that we think may interest you;
10. Improving or developing the Services and for internal business purposes;
11. Processing applications and transactions; and
12. As necessary or appropriate (i) pursuant to applicable laws or court orders, (ii) to enforce the Terms of Use of the Services, (iii) to ensure the rights, privacy, or safety of us, our affiliates, you, or a third party, or (iv) in emergency situations to notify emergency service workers, family members, personal representatives.
Notwithstanding the above, we will undertake to protect your personal information, and will not share it with third parties except as reasonably necessary for the above purposes. If we determine to use or share your personal information at any time in the future for other purposes, we will notify you by posting a revision of the Privacy Policy in the manner described in the second paragraph.
Please note that Caregivers or Agencies using the Services may be required to make certain personal information, including PII or PHI, viewable by others in order to use the Services. Any personal information that you (or another person) wishes to remain confidential should not be publicly displayed on the Services. Company has no ability to control the personal information that may be posted by a Caregiver or Agency, and is not responsible for the retention, use, or disclosure of any personal information by third parties that may have used the Services. Except as provided in this Privacy Policy or the Terms of Use, we will not provide any of your personal information, including any PII or PHI, to any third parties without your specific consent. Company does not disclose credit card or other personally identifiable financial information other than as necessary to complete a credit card or other financial transaction, or upon explicit permission from the applicable user. Company does not disclose PHI other than as necessary for purposes of effectuating the services in the Services.
III. HIPAA
An Agency or Caregiver may be regulated as a “covered entity” under the Health Insurance Portability and Accountability Act of 1996 as amended (“HIPAA”). When we store, process, or transmit “individually identifiable health information,” we do so as a “business associate” (as those terms are defined in HIPAA) of such Agency or Caregiver. We will therefore use appropriate and reasonable safeguards to prevent misuse or inappropriate disclosure of any such protected health information received or created on behalf of such Agency or Caregiver as covered entity. We further agree to limit the uses and disclosures of protected health information, based on the activities or services being performed by us as business associate, and subject to the other restrictions in this Policy. The parties otherwise agree to be bound by and incorporate herein the requirements set forth in Parts 160 and 164 of 45 CFR for the safeguarding of protected health information received by a business associate. The foregoing are subject to any separate or further business associate agreement (“BAA”) that Company as a “business associate” may enter into with you.
IV. CHILDREN
The Services is not directed to children under the age of 18 and Company does not knowingly collect, use or disclose PII from anyone under 18 years of age. Children under the age of 18 may not use the Services. If we become aware of any such use by a child, we will inform that child, the child’s parent, legal guardian, and/or personal representative that such use is not allowed and that we will make reasonable efforts to delete any PII or PHI collected. For the avoidance of doubt, an Agency may use the Services to schedule a home visit for a child under the age of 18 as long as the Agency is in compliance with the Terms of Use of FormDox and this Privacy Policy. Any information provided by such Agency concerning the child will be treated as PII or PHI otherwise protected by this Privacy Policy.
V. SECURITY OF YOUR INFORMATION
Company maintains reasonable safeguards to protect personal information, including PII and PHI, against loss, unauthorized use, disclosure or destruction and when transferring information for processing. Company follows accepted industry standards to protect personal information, including PII and PHI, during transmission to us and during storage by us. However, no electronic data transmission or storage of information can be guaranteed to be completely secure. Please note that we cannot ensure or warrant the security of any information that you transmit to us. Company is not liable for any breach of security or actions of third parties that result in disclosure of personal information, including PII or PHI. Company restricts authorized access to your personal information, including PII and PHI, to those persons who have a legitimate purpose to know that information to provide products or services to you and those persons you have authorized to have access to such information. Our users as agencies or caregivers would be obligated to comply with the Health Insurance Portability and Accountability Act of 1996 (“HIPAA”), as amended, with regard to the use and disclosure of protected health information; we are unaware of any user who does not, or has not undertaken to comply with HIPAA.
VI. CONTACT US
If you have any questions or concerns regarding this Privacy Policy, please send us an e–mail at info@formdox.com
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