Terms of service for patients

Last Updated: May 25, 2022

ClinicApp LLC (“ClinicApp” or “we” or “us”) owns and operates a web-based platform at ClinicApp (the “Platform”) that allows patients (“Patient Clients”) and industry clients (“Industry Clients”), such as pharmaceutical companies or medical devices companies, to connect with medical doctors (“Doctors”) for consultation via the Platform. This Privacy Policy explains the kinds of information we may collect about the visitors to our Platform, Patient Clients and Industry Clients (collectively, “Users”), and why, and how we handle that information. Your access and use of the Platform, any part thereof, or anything associated therewith, any products or services provided through the Platform or otherwise by ClinicApp and its suppliers and licensors, and any affiliated website, software or application owned or operated by ClinicApp (collectively, the “Services”) are subject to this Privacy Policy unless specifically stated otherwise. By visiting or using the Platform, you agree to this Privacy Policy and the Terms of Service located at Privacy Policy for Doctors & Privacy Policy for Patients which are incorporated into this Policy by this reference.

This Privacy Policy describes the following:

  1. Purposes for Data Collection;
  2. Types of Data We Collect;
  3. How we Use the Data;
  4. Storage and Retention of Data;
  5. With Whom We Share Data;
  6. Your Rights, Choices and Disclosures;
  7. Users Outside the United States;
  8. Links to Other Sites;
  9. Privacy Policy Changes; and
  10. Questions and Contact Information.

By accessing or using the Services, you are automatically accepting and acknowledging the most recent version of this Privacy Policy. If we make any changes to our Privacy Policy, we will post the revised Privacy Policy and update the “Last updated” date of the Privacy Policy.

We do not knowingly collect information from users of our Platform under the age of 18 and/or their internet usage, and such persons are not authorized to use the Services. If we obtain actual knowledge that a user is under 18, we will take steps to remove that user’s personal information from our databases. By accessing or using the Services, you represent that you are at least 18 years old. You also represent, by accessing or using the Services, that you are of legal age to enter into legal agreements.

If you are using the Services on behalf of an individual other than yourself or an entity, you represent that you are authorized by such individual or entity to act on such individual’s or entity’s behalf and that such individual or entity acknowledges the practices and policies outlined in this Privacy Policy.

If you are a Platform visitor, we collect information to personalize your experience (your information helps us to better respond to your individual needs), to improve our Platform and to provide Services or information that you request.

If you are a Patient Client or Industry Client, ClinicApp collects information to register you as a User, facilitate your interactions with the Doctors on the Platform, process payments for the Services that you utilize and administer your account.

  1. Types of Data We Collect
  • We collect information that you provide to us voluntarily.

When you set up an account with ClinicApp, you are creating a direct customer relationship with ClinicApp that enables you to access and/or utilize the various functions of the Platform and the Services as a User. As part of that relationship, you provide information to ClinicApp, including but not limited to, your name, email address, physical address, phone number, payment card information and certain transactional information, that we do not consider to be “protected health information” or “medical information”.

However, in using certain components of the Services, you may also provide certain health or medical information that may be protected under applicable laws. ClinicApp is not a “covered entity” under the Health Insurance Portability and Accountability Act of 1996, Public Law 104-191, and its related regulations and amendments from time to time (collectively, ” HIPAA”). The Doctors may or may not be a “covered entity” or “business associate” under HIPAA depending on thetype of client the User is and the scope of consultation, and ClinicApp may in some cases be a “business associate” of a Doctor. It is important to note that HIPAA does not necessarily apply to an entity or person simply because there is health information involved, and HIPAA may not apply to your transactions or communications with ClinicApp or the Doctors. To the extent ClinicApp is deemed a “business associate” however, and solely in its role as a business associate, ClinicApp, may be subjectto certain provisions of HIPAA with respect to “protected health information,” as defined under HIPAA, that you provide to ClinicApp or the Doctors (“PHI”). In addition, any medical or health information that you provide that is subject to specific protections under applicable state laws (collectively, with PHI, “Protected Information”), will be used and disclosed only in accordance with such applicable laws. However, any information that does not constitute Protected Information under applicable laws may be used or disclosed in any manner permitted under this Privacy Policy. Protected Information does not include information that has been de-identified in accordance with applicable laws.

The Doctors’ Notices of Privacy Practices will describe how they use and disclose Protected Information. By accessing or using any part of the Services, you are acknowledging receipt of the Notice of Privacy Practices from your Doctor(s).

By accessing or using any part of the Services, you are agreeing that even if HIPAA does apply to ClinicApp or the Doctors, any information that you submit to the Services is not considered Protected Information and will only be subject to our Privacy Policy and any applicable laws that govern the privacy and security of such information.

ClinicApp collects the information that you provide to us when you request information about our Services, utilize our Services, sign up to receive newsletters, advisories, announcements and invitations, contact us by email and register for an account. We may request the following information:

  1. Name and contact information (address, phone and email)
  2. Registration information (i.e., username and password)
  3. Payment card information
  4. Demographic information (i.e., age and gender)
  5. Primary care physicians and other specialists
  6. Medical history (including hospitalizations, cardiovascular history surgical history, immunizations and vaccinations)
  7. Medications
  8. Medical imaging reports
  9. Lifestyle questionnaire

ClinicApp provides tools in the Platform for you to upload documents, such as imaging, reports, lab results, etc.

We may utilize your mobile phone number to provide notifications and invitations via text messages.

  • The Service also captures some information about you automatically.

We utilize background local storage and session storage technologies (“Cookies”) which are downloaded or stored on your computer or other device and can betiedto information about your use of the Services (including certain third party services and features offered as part of our Services). Examples of information of this type are your IP address, the browser you are using, the operating system you are using, the pages on the website that you visit and details of your transaction activity, such as the amount, date and time for each transaction. When we use Cookies, we may use “session” Cookies that last until you close your browser or “persistent” cookies that last until you or your browser delete them. You may change your browser setting to decline the use of Cookies.

Our Services use Google Analytics, which uses cookies to identify the frequency of use of certain areas of our website and to identify preferences. For more information regarding how Google collects,          uses,     and        shares   your                                  information please visit http://www.google.com/policies/privacy/partners/. You can deactivate Google Analytics using a browser add-on if you do not wish the analysis to take place. You can download the add-on here: https://tools.google.com/dlpage/gaoptout?hl=en.

We operate social media pages on third party networks and have social media icons on our Services. When you visit or link to our social media pages, data is processed both by us and the applicable social media provider. Social media providers are unaffiliated with us, and we are not responsible for the content or privacy practices of social media providers. Social media providers have their own terms of use and privacy policies, and we encourage you to review those policies whenever you visit their websites or interact with their platforms.

We use the personal data we collect to provide or enhance the Services you request, including connecting you to Doctors, respond to your inquiries, perform our contractual obligations, provide updates and other important information related to your activity on and with the Services, inform you of new services or changes in the Services, administer the Services, collect payments for the Services, enter into contracts for services, to fulfill legal obligations we have to governmental authorities or other third parties, and for other legitimate business purposes.

  1. Storage and Retention of Data

The data we collect under this Privacy Policy will be stored on our servers and other systems using a variety of technologies to encrypt and secure your information to prevent access by unauthorized parties. While we believe and intend that our information security practices reflect good practice, there is no such thing as perfect information security. As such, though our systems will be secured using industry standard or leading methods, given that frequently it is the acquisition of user credentials and devices that are the cause of security breaches, users assume the risk of security breaches and all consequences resulting from them. Please always be sure to safeguard your devices and credentials.

We retain the personal data we collect for so long as reasonably necessary to fulfill the purposes for which the data was collected,                                                     to perform our contractual and legal obligations and pursuant to

applicable data retention policies. Notwithstanding the generality of the foregoing, we store email addresses until the user requests to be unsubscribed.

  1. With Whom We Share Data

We may disclose your information to third parties in connection with the provision of our Services or as otherwise permitted or required by law. For example, we may disclose your information as follows:

  • We share your personal data with the Doctors who provide Services on the Platform. We share your personal data with third parties who perform services on our behalf, including without limitation: (i) our third-party and service providers and professional advisors that provide services to enable usto provide and administer the Services, such as the hosting of the Services, data analysis, IT services and infrastructure, customer service, e-mail delivery, and other similar services; (ii) our vendors that provide services to enable us to run our business and administrative operations, such as legal and financial advisory services, auditing services, analytics and similar services; (iii) our vendors that provide services to enable us to promote and advertise the Services and the products and/or services offered via the Services, as well as comply with contact removal requests or requirements; and (iv) vendors as we believe necessary or appropriate to comply with applicable laws.
  • We may share your data with a third party in the event of any reorganization, merger, sale, joint venture, assignment, transfer, liquidation or other disposition of all or any portion of our business, assets or stock with such third party.
  • We may information we have about you (including your identity) if we determine that such disclosure is necessary in connection with any investigation or complaint regarding your use of the Services, or to identify, contact or bring legal action against someone who may be causing injury to or interference with (either intentionally or unintentionally) our rights or property, or the rights or property of visitors to or users of the Services. ClinicApp reserves the right at all times to disclose any information that we deem necessary to comply with any applicable law, regulation, legal process or governmental request. We also may disclose your information when we determine that applicable law requires or permits such disclosure, including exchanging information with other companies and organizations for fraud protection purposes.
  • We may de-identify your information and disclose such de-identified information for any purpose not prohibited by applicable law.
  • We may obtain your written consent from time to time in electronic form by using online agreements or other acknowledgements on the Services, including for any other contemplated uses of your personal data not addressed in this Privacy Policy. Please read all online agreements carefully before accepting them.
  1. Your Rights, Choices and Disclosures

We are committed to facilitate the exercise of your rights granted by the laws of your jurisdiction, which may include the right to request the correction, modification or deletion of your personal information and the right to opt out of the sale of your personal information (as applicable). We will do our bestto honor your requests subject to any legal and contractual obligations. If you would like to make a request, contact us at hello@clinicapp.com or make changes to any user information connected to your account profile.

You may opt out of receiving electronic marketing communications from us by clicking on the “unsubscribe” link on the communication. Some non-marketing communications may not be subject to a general opt-out, such as disclosures to comply with legal requirements, software updates and other support-related information.

Subject to local law, you may have additional rights underthe laws of your jurisdiction regarding your personal data, such as the right to complain to your local data protection authority.

You may be able to disable cookies through your browser settings, but if you delete or disable cookies certain features may not work properly.

California “Shine the Light” Information-Sharing Disclosure: California residents may request a list of all third parties with respect to which we have disclosed any information about you for direct marketing purposes and the categories of information disclosed. If you are a California resident and want such a list, please send us a written request by email to hello@clinicapp.com with “California Shine The Light Rights” in the subject line.

Do Not Track Disclosure: We do not respond to Do Not Track browser settings.

California Consumer Privacy Act. ClinicApp is not a “business” subject to the California Consumer Privacy Act.

  1. Users Outside the United States

The Services are controlled and operated from the United States. If you are an individual from the European Union, Canada or any other jurisdiction with laws or regulations governing personal data collection, use, and disclosure that differ from United States laws, please be advised that we may store the information we collect in the United States which is not deemed an “adequate jurisdiction” by the European regulatory authorities.

The Services may contain links to other websites for your convenience or information. These websites may be operated by companies unaffiliated with ClinicApp, and we are not responsible for the content or privacy practices of those websites. Linked websites may have their own terms of use and privacy policies, and we encourage you to review those policies whenever you visit the websites.

  1. Privacy Policy Changes

We may update this Privacy Policy from time to time and without prior notice to you to reflect changes in our information practices, and any such amendments shall applyto information already collected and to be collected. Your continued use of the Services after any changes to our Privacy Policy indicates your agreement with the terms of the revised Privacy Policy. Please review this Privacy Policy periodically and especially before you provide personal data to us. If we make material changes to this Privacy Policy, we will notify you here, by email or by means of a notice on our home page. The date of the last update of the Privacy Policy is indicated at the top of this Privacy Policy.

  1. Questions and Contact Information

Please contact us if you have any questions about our Privacy Policy by emailing us at hello@clinicapp.com or sending correspondence to 52 Tuscan Way, Suite 202, #265, Saint Augustine, FL 32092.

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