Privacy Policy

 

 

Last updated: August 23, 2021

This Privacy Policy discloses the practices of Pivotal Health, Inc., along with  its predecessors, licensors, beneficiaries, and its affiliated health care practices, and other health care practices with which Pivotal Health, Inc. may contract in the future (collectively, the “Practices”), which welcome you to download our proprietary mobile application software  (the “Pivotal Health Application”) and utilize the website and the services provided through the Pivotal Health Application (the “Services”).  For purposes of this website and the Pivotal Health Application, Pivotal Health, Inc. and the Practices are sometimes collectively referred to as “Pivotal Health,” “we,” or “us.”

Pivotal Health is committed to respecting your privacy and recognizing your need for appropriate protection and management of Personally Identifiable Information (“PII”) and Protected Health Information (“PHI”) you share with us. The purpose of this Privacy Policy is to explain the types of information Pivotal Health obtains about users of the Pivotal Health Application and/or Services, how the information is obtained, how it is used, how it is disclosed, how you can get access to this information, and the choices you have regarding our use of, and your ability to review and correct, the information. By using the Pivotal Health Application and/or the Services, you are accepting and consenting to the use of your information as described in this policy. We will not accept any PII or PHI from you prior to providing you with this Privacy Policy. Please review this Policy carefully.

This Privacy Policy specifically applies to how Pivotal Health collects, uses, and discloses the information you provide or that we obtain with your consent as a result of your use of the Pivotal Health Application or your enrollment as a registered user with Pivotal Health.  

Information That You Give Us

When you create an account on the Pivotal Health Application or enroll as a Pivotal Health registered user (“Enroll”), or login to the Pivotal Health Application or Pivotal Health website to create a profile, comment on articles, or complete surveys, we collect personal information that can identify you (“PII”), such as your full name, email address, mailing address, telephone number, and credit card information for payment.  In addition to PII, Pivotal Health may also collect your PHI or PHI of an individual for whom you are requesting health services. For example, when you use the Pivotal Health Application to transmit a request for health services to be provided at your specified location (a request for a “Visit”), you will need to provide additional health information about the individual for whom the visit is requested so that Pivotal Health can assess the request and determine whether or not it has an appropriate and available healthcare provider (a “Provider”) to respond to your request.  Another example of how Pivotal Health may obtain your PHI and/or PII is when you grant permission for other third parties to share your information directly with Pivotal Health. This would include, without limitation, the Pivotal Health Application’s access and synchronization of your PHI and/or PII with the Apple Health application and/or Apple Health Records.  

Ultimately, the information that Pivotal Health collects varies depending upon how you use our Services and what permissions you give to us and other third parties that also collect your PII and/or PHI. We will not use any PHI for any other purpose without your explicit authorization, or unless otherwise permitted or required by law. You may revoke, in writing, any such authorization at any time, except to the extent we have taken action in reliance thereon.

PHI and/or PII Obtained from Apple Clinical Health Records API or through synchronization with the Apple Health application: Pivotal Health does not use data obtained through Apple Clinical Health Records API or through synchronization with the Apple Health application for advertising, marketing, or other use-based data mining purposes. Pivotal Health does not disclose any data obtained through Apple Clinical Health Records API or through synchronization with the Apple Health application to any third-party for advertising, marketing, or other use-based data mining purposes.

WE DO NOT KNOWINGLY ENROLL OR COLLECT INFORMATION DIRECTLY FROM CHILDREN UNDER THE AGE OF EIGHTEEN.

Please keep in mind that certain features on the Pivotal Health Application or website may give you an opportunity to interact with us and others. These may include forums, message boards, chats, creating community profiles, and rating, tagging and commenting on articles. When you use these features you should be aware that any information you submit, including your name, location, health issues, and email address, may be publicly available to others. We do not protect the privacy of and are not responsible for your disclosure of any information through these interactive features, including, but not limited to information that you might post related to a minor.

Also, whenever you voluntarily disclose anyone’s personal information on publicly viewable web pages, that information can be collected and used by others. For example, if you post your email address, you may receive unsolicited messages. We cannot control who reads your posting or what other users may do with the information that you voluntarily post, so we encourage you to exercise discretion and caution with respect to information you choose to disclose through these interactive features. When an individual chooses to post information that will be publicly disclosed, he or she is responsible for all legal consequences. We are not responsible under any data protection laws for information that you voluntarily post on a site that can be accessed by others.

If you believe that we have violated your privacy rights, you should contact us at the mailing address or e-mail address provided below. You may also file a complaint with the government. See http://oag.ca.gov/contact/consumer-complaint-against-business-or-company for more information.

Other Information We Collect

Cookies. Our Pivotal Health Application or website may use cookies and other technologies to collect information. Cookies are small bits of information that our websites place on the hard drive of your computer. We may use cookies to facilitate your login processes; allow you to personalize and store your settings; collect usage information; determine our total audience size and traffic; and help us improve our sites by measuring which areas are of greatest interest to users.

Tracking and/or Analytics Services. We may use mobile application tracking and/or analytics services. These services may record unique mobile gestures such as tap, double tap, zoom, pinch, scroll, swipe and tilt but do not collect personally identifiable information that you do not voluntarily enter in the Pivotal Health Application. These services do not track your browsing habits across mobile applications that do not use the same services. We are using the information collected by these services to understand user behavior and optimize site performance.

Web Beacons. We may also use web beacons (invisible images often referred to as pixel tags or clear GIFs) to recognize users and assess traffic patterns, and we may include web beacons and cookies in our email messages to count how many e-mail messages have been opened.

Non-Personally Identifiable Information. We also collect Non-Personally Identifiable Information that is not health information in the form of statistics and information regarding the Pivotal Health Application user’s statistics and metrics obtained from third party devices (for example, steps, distance, calories burned, GPS coordinates, bat speed, hand speed, swing time, etc.), which may be combined with personal information you submit through the Pivotal Health Application and/or Services so that you can fully enjoy the benefits of the Pivotal Health Application’s tracking, monitoring, and diagnostic tools. We may also request the following optional information as part of your profile so that you can fully enjoy the features and functions of our Services: your weight, height, and gender.

Mobile Device Information. Your use of the Pivotal Health Application may also include collection of information from your mobile device. For example, the Pivotal Health Application may request your permission to collect location data and/or may request access to multimedia (photos or videos) stored on your mobile device. You have the option of declining collection of geolocation data, but this may limit your ability to participate in certain activities through the Pivotal Health Application. If you do not wish for your location data to be shared with Pivotal Health, please respond accordingly when prompted on your mobile device, or visit your mobile device settings. Multimedia will only be collected from your device if you affirmatively select it to upload to the application (i.e. you choose an image or video to store within the Pivotal Health Application). Multimedia will not be shared with other Pivotal Health Application users (with the exception of your profile photo, to the extent such feature is offered, which will appear in your user profile).

How We Use Your Information

Subject to this Privacy Policy, the Terms of Service, and applicable terms and conditions of third-party applications, all data transmitted through the Pivotal Health Application or website is owned by Pivotal Health. To the extent Pivotal Health is precluded from owning data transmitted through the Pivotal Health Application, you grant Pivotal Health a perpetual, worldwide, royalty-free license to use such data (with the exception of PHI) to the extent necessary to enable use of the Pivotal Health Application, the website, and Services. Generally, we may use information in the following ways:

  • For the purposes for which you specifically provided it including, without limitation, to enable us to process your registration, provide the Services or other requests.
  • To transmit a request for a Visit per your request.
  • To send you information about your relationship or transactions with us.
  • To notify you about our products, services, and special offers, except that we will not use PHI for marketing purposes without your prior written consent for yourself or your minor child.
  • To otherwise contact you with information that we believe will be of interest to you.
  • To enhance or develop features, products and services. To allow us to personalize the content that you and others see on the Pivotal Health Application.
  • To provide advertisers and other third parties with aggregate information about Pivotal Health Application users and Pivotal Health Application usage patterns.
  • To allow other select companies to send you promotional materials about their products and services, provided that no PHI will be used for this purpose without your prior written consent.

We use non-Personally Identifiable Information for purposes such as measuring the number of users of various features of the Pivotal Health Application, making the Pivotal Health Application more useful to users and delivering targeted advertising and non-advertising content. We may also use Non-Personally Identifiable Information (for example, statistics regarding use and metrics) for research purposes, for marketing and promotional purposes, and to develop new learning tools and solutions and we may share such information with third parties, including researchers and/or advertisers, on an aggregate and anonymous basis. We use IP addresses to analyze trends, administer the Pivotal Health Application, track a visitor’s movement, and gather demographic information for aggregate, non-personally identifiable use.

You acknowledge that unless you request in writing otherwise, we, in our sole discretion, have the right but not the obligation to store any information, whether PII or otherwise, perpetually, to the extent permitted by law. If you wish for any information about you to be removed from our database, please contact us through the contact information provided below in the “How to Contact Us” section of this Privacy Policy.

Sharing Your Information

Except as otherwise described in this Privacy Policy, or if we inform you otherwise at the time of data collection and receive your consent where required, we will not sell, trade, or share your information with third parties.

We may share your information as follows:

  • With Affiliates: We may share your information with affiliated companies and businesses, provided that your PHI will not be shared for any marketing purposes without your prior written consent, in accordance with applicable law.
  • With Service Providers: We may use other companies to perform services including, without limitation, facilitating some aspects of our Pivotal Health Application such as processing credit card transactions sending emails, fulfilling purchase requests, and data analysis on our behalf. These other companies may be supplied with or have access to your information solely for the purpose of providing these services to you on our behalf. Such service providers shall be bound by appropriate confidentiality and security obligations, which may include, as applicable, business associate contract obligations.
  • With Business Partners: When you make purchases or engage in promotions offered through our Pivotal Health Application, we may share PII, but not your PHI, with the businesses with which we partner to offer you those products, services, and promotions. When you accept a particular business partner’s offer, you authorize us to provide your information to that business partner.

Special Circumstances:

We also may disclose your information:

  • In response to a subpoena or similar investigative demand, a court order, or other request from a law enforcement or government agency where required by applicable law.
  • When disclosure is required or allowed by law in connection with efforts to investigate, prevent, or take other action regarding illegal activity, suspected fraud or other wrongdoing; to protect and defend the rights, property or safety of Pivotal Health, our users, our employees, or others; to comply with applicable law or cooperate with law enforcement; or to enforce the Pivotal Health Application’s terms and conditions or other agreements or policies.
  • In connection with a corporate transaction, such as the sale of all or a portion of our business, a divestiture, merger, consolidation, or asset sale, or in the event of bankruptcy, as required or allowed by law.

SPECIAL NOTICE FOR USERS OF THE APPLICATION: IF YOU ELECT TO MAKE YOUR PROFILE (OR THAT OF A MINOR OR FAMILY MEMBER) VIEWABLE BY PROVIDERS, ALL INFORMATION THAT YOU INCLUDE IN THAT PROFILE MAY BE VIEWED BY PROVIDERS. YOU SHOULD NOT ENTER ANY INFORMATION IN THE PROFILE THAT YOU (OR ANOTHER PERSON) WISH TO REMAIN CONFIDENTIAL. A PROVIDER WILL NOT BE ABLE TO CONTACT YOU EXCEPT THROUGH THE PERSONAL CONTACT INFORMATION YOU PROVIDE THROUGH THE APPLICATION.

Confidentiality of Health Information

Pivotal Health, Inc is subject to laws and regulations governing the use and disclosure of health information they create or receive. Included among them is the Health Insurance Portability and Accountability Act of 1996 (“HIPAA”), the Health Information Technology for Economic and Clinical Health of 2009 (“HITECH”), and the regulations adopted thereunder, and applicable state laws. Pivotal Health, Inc. is also required to, among other things, apply reasonable and appropriate measures to safeguard the confidentiality, integrity, and availability of individually identifiable health information we store. 

How to Access or Update Your Information

You have the ability to review and update your personal information by visiting the account management section on the Pivotal Health Application. You can also review and update your personal information by contacting us at the email address provided below in the “How to contact us” section of this Privacy Policy.

How We Protect Your Information

We use commercially reasonable administrative, technical, and physical measures to safeguard your information in our possession against loss, theft and unauthorized use, disclosure or modification. We follow generally accepted industry standards to protect the information submitted to us, both during transmission and once we receive it. No method of transmission over the internet is 100% secure, however. Therefore, while we strive to make all reasonable efforts to use commercially acceptable means to protect your personal information, we cannot guarantee its absolute security. In the unlikely event of a data breach, you will be notified as soon as reasonably possible, in accordance with applicable law. Furthermore, we are not responsible for any breach of security or for any actions of any third parties that receive the information.

Certain of the administrative, technical, and physical measures in place are as follows. Pivotal Health’s infrastructure is kept in a secured data center that protects from unauthorized access to the physical servers, backups and any element used to store and/or process personal data. Only authorized personnel can access the data center. Pivotal Health systems and databases are backed up regularly to help protect the data in case of an uncontrollable catastrophe. The data center that stores Pivotal Health servers has policies and procedures in place designed to safeguard the equipment that our data is stored on. Pivotal Health regularly upgrades its system software to include the latest security features. Pivotal Health servers are protected by a firewall system, which is designed to keep unwanted traffic or access out of our computer network. Pivotal Health uses security methods to determine the identity of each registered user, so that appropriate rights and restrictions can be enforced for that user. Reliable verification of user identity is called “authentication.” All communication between Pivotal Health’s Web server, your browser and the Pivotal Health Application is encrypted with SSL (Secure Sockets Layer) to guard against network eavesdroppers. Your password is internally encrypted in Pivotal Health’s system to prevent unauthorized access to the system. Validations are built throughout the application to capture the most reliable information.

Changes To Our Privacy Policy

From time to time we may revise this Privacy Policy. If we make revisions that change the way we collect or use your information, those changes will be posted in this Privacy Policy and the effective date will be noted at the end of the Privacy Policy. Therefore, you should review it periodically so that you are up to date on our most current policies and practices. If we make material changes to our practices regarding use of your information, your information will continue to be governed by the Privacy Policy under which it was subject prior to those changes, unless you have been provided notice of, and have not objected to, the changes.

Children’s Online Privacy Protection Act

We support and comply with the Children’s Online Privacy Protection Act (COPPA) and we do not knowingly collect information from children under the age of 18, nor do we share such information with third parties. Children under the age of 18 may not use the Pivotal Health Application. If you seek a Visit for a minor, you will be responsible for providing information related to the minor and for paying for the Visit requested for the minor.

Links to Third Party Sites

Our Pivotal Health Application or website may contain links to websites or applications operated and maintained by third parties, over which we have no control. Privacy policies for these third-party sites and applications may be different from our Privacy Policy. You access these third-party sites and applications at your own risk. You should always read the privacy policy of a linked site or applications before disclosing any personal information on such site and/or through such applications. Pivotal Health is not responsible for information you submit to third parties.

Governing Law; Jurisdiction

The Site is hosted in the United States. If you are accessing the Site from outside the U.S. or any other region with laws or regulations governing personal data collection, use and disclosure that differ from the United States laws, please be advised that through your continued use of or access to the Site, which is governed by U.S. law, you are transferring personal information to the United States and you consent to that transfer.

The laws of the State of Wisconsin and applicable United States law govern all matters arising out of or relating to the Privacy Policy, including, without limitation, interpretation, construction, performance, and enforcement, without giving effect to such state’s conflicts of law principles or rules of construction concerning the drafter hereof.

Changes to This Privacy Policy

We reserve the right at our discretion to change the Privacy Policy at any time. We will post the most current version of this Privacy Policy to the privacy policy pages on the Site and the application.

If we make a material change to this Privacy Policy, we will notify by posting a notice on the Site for a reasonable period of time after such changes are made and by changing the last modified date listed below.

Changes will take effect as described in the notice. If you use or access the Site after the change takes effect, you accept the Privacy Policy as modified.

 

How to Contact Us

We welcome your questions and comments regarding this Privacy Policy. You can contact us via email at info@pivotalhealth.care or by phone at 1-888-688-4746.  

 

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