mymediport Privacy Policy
Effective Date: June 19,2019

mymediport (MMP) respects your privacy and is committed to protecting it. Please read this Privacy Policy carefully to understand our privacy policies, and how we collect, use and disclose information about you that we receive from you and from others. Capitalized terms used in this Privacy Policy have the meanings set forth within this policy and in the Definitions section at the end of the policy.
This Privacy Policy, together with the mymediport Terms of Use & End-User License Agreement (“Terms and Conditions”), describe our practices in connection with information that we collect through software applications (including mobile applications) and websites (including the website currently located at www.mymediport.com and www.mymediport.io) that we operate and that contain or link to this Privacy Policy (such applications and websites are collectively referred to as the “Applications”). Some of our users of the Applications- such as healthcare providers – are subject to laws and regulations governing the use and disclosure of health information they create or receive, including the Health Insurance Portability and Accountability Act of 1996, as amended from time to time, together with the regulations adopted thereunder (HIPAA). When MMP stores, processes or transmits “individually identifiable health information” (as defined by HIPAA) on behalf of a healthcare provider who has entered into a Business Associate Agreement, MMP does so as its “business associate” (as also defined by HIPAA). Under this agreement, we cannot use or disclose individually identifiable health information in a way that the provider itself may not.
By downloading, accessing or using the Applications, or providing information to us in connection with the Applications, you agree to the terms and conditions of this Privacy Policy and, in particular, you consent to the processing of your information in the manner described below.
This Privacy Policy does not address the privacy practices of any third party. We are not responsible for the privacy practices of any third parties, including those to whom we disclose Personal Data in accordance with this Privacy Policy or to whom you submit Personal Data having accessed such third-party application or website via the Applications. We do not endorse any applications or websites which may be linked via the Applications. We may collect and process Personal Data, Non-Personal Data and Health Information (as defined below) in connection with the Applications.
I. PERSONAL INFORMATION WE MAY COLLECT AND HOW WE MAY USE OR DISCLOSE IT
1. “Personal Identifiable Information” or (PII) is information that alone or in conjunction with other information identifies you. This includes your name, social security number, date of birth, or government-issued identification number. It also includes your mother’s maiden name, unique biometric data – such as fingerprint, voiceprint and retina or iris image—and a unique electronic identification number, address or routing code.
We do not share your PII with third parties. We are not liable for the security and privacy of any information that you choose to share, print or email from our application. Your personal data is retained as long as your account is active. You may close your account or the account of a minor if you are a parent or legal guardian by sending an email to [email protected] with the login email address. We will contact you to verify your identity and subsequently close the account and delete all of the personal data associated with the account.
2. “Health Information” includes data that relates to your physical or mental health history or conditions, to treatment you have received for those conditions, or to payments for those conditions.
For example, we may collect information regarding medications you are taking or otherwise relating to your health, such as details of allergies, conditions, blood pressure, sleeping patterns, and so on.
3. “Personal Data” is data that identifies you, generally. We may collect the following Personal Data from you:
• Screen Name (i.e., the name you choose to identify yourself when using the Applications; if you choose to use your first and/or last name, we will collect that information);
• ZIP Code;
• Gender; and
• Health Information
We may use Personal Data:
• To send you information regarding the Applications.
• To send you details about changes to our Terms and Conditions and to this Privacy Policy and other policies.
• To send to you targeted marketing communications using your Health Information, that may be of interest to you. You can choose to opt-out from receiving such targeted marketing communications.
• To personalize your experience on the Applications by presenting products and offers tailored to you, unless you opt out from learning about such products and offers.
• To respond to your inquiries/requests.
• For our internal business purposes, such as for data analysis, to identify usage trends, to enhance the Applications and for audits.
• To permit you to send communications to your contacts through the Applications (by providing us with third party contact details you agree that you have that person’s consent to share these details).
• To provide services related to your medical and other healthcare appointments e.g. to send you appointment reminders; to communicate with you and your healthcare providers regarding your appointments; and to facilitate payments for the products and services they provide to you.
• As we believe is necessary or appropriate: (a) as required or permitted under applicable law; (b) to respond to requests from public or government authorities; (c) to enforce our Terms and Conditions; and (d) to protect our rights, privacy, safety or property, or that of our affiliates, you or others.
We may disclose your Personal Data:
• To healthcare professionals, as you direct, to assist them to provide healthcare services to you.
• To identify you to contacts to whom you send messages through the Applications.
• In the event of any reorganization, merger, sale or other disposition of all or any portion of our business, assets or stock (including in connection with any bankruptcy or similar proceeding), to relevant third parties.
• As we believe is necessary or appropriate: (a) as required or permitted under applicable law; (b) to respond to requests from public or government authorities; (c) to enforce our Terms and Conditions; and (d) to protect our rights, privacy, safety or property, or that of our affiliates, you or others.
In addition, it may be possible for you to disclose Personal Data through the Applications on message boards, forums, profile pages and blogs. Please note that any information and materials that you post or disclose through these services may be publicly available. We recommend that you consider carefully whether you wish to share your Health Information or any other Personal Data when you use the Applications.
We will notify you by email and by posting on our website at http://www.mymediport.com prior to making our app inoperable in the event that our application is banned by the distributor, the government, or recalled by us.
II. NON-PERSONAL INFORMATION WE MAY COLLECT AND HOW WE MAY USE OR DISCLOSE IT
4. “Non-Personal Data” is data that does not reveal your identity, for example:
• Server log files;
• Information collected through cookies and other technologies;
• Demographic information;
• Health Information and other Personal Data that has been de-identified and can no longer identify you; and
• Browser information.
We may collect Non-Personal Data in a number of ways, for example:
• Through the device you use to access the Applications: e.g. your operating system name and version, device manufacturer, device model and identifier etc. We may use this data to analyze how the Applications are being used.
• Using cookies: Cookies are small text files which are placed on the device on which you are using the Applications. We use cookies to better serve you with more tailored information and facilitate your ongoing access to and use of the Applications, as well as for online tracking purposes. You can disable cookies via your browser settings, however, this may mean that some of the features of the Applications are no longer available to you. To learn more about cookies, please visit http://www.allaboutcookies.org/.
• Through server log files: An Internet Protocol address (“IP Address”) is a numerical label assigned to the device that you are using by your Internet Service Provider. Your IP Address is identified and logged in our server log files whenever you use the Applications, along with the time of the use. We use IP Addresses for purposes such as helping to calculate usage levels of the Applications.
• Using web beacons: Web beacons may be used in connection with the Applications to track the actions of users, and to measure the success of our marketing campaigns.
• From you: We may collect information from you which you volunteer e.g. your location. Unless combined with Personal Data, this information does not personally identify you.
• Location data: We may establish the physical location of your device, for example, using satellite, cell phone tower or WiFi signals. We may use your device’s physical location to provide you with location-based services and content tailored to you. We may also share your device’s physical location, combined with information about what advertisements you viewed and other information we collect, with our marketing partners to enable them to provide you with more personalized content. You may deny us establishing the physical location of your device, however, if you choose to do so, we and/or our marketing partners may not be able to provide you with personalized services and content.
We may use and disclose Non-Personal Data for any purpose. In some instances, we may combine Non-Personal Data with Health Information (with the PII removed) or other Personal Data, such as gender such geographic location. If we combine any Personal Data with Health Information or other Non-Personal Data, the combined information will be treated by us as Personal Data and anonymized prior to sharing with any third-party.
III. HEALTH INFORMATION WE MAY COLLECT AND HOW WE MAY USE IT
5. We treat Health Information as Personal Data, subject to some special rules, that are described above under the heading “Personal Information We May Collect and How We May Use or Disclose It”.
IV. INFORMATION STORAGE, SHARING AND SECURITY
The Personal Data, Health Information and Non-Personal Data we collect from you is stored in the United States. It may be processed by our employees or by one of our carefully selected, third-party service providers. By using the Applications, you agree to this.
We take all reasonable steps to ensure that your Personal Data and Non-Personal Data is processed securely.
You can share, download and print your Personal Information to and from the Applications. You have the ability to authorize healthcare providers to pull your Personal Information, including PII, from the Applications for inclusion in your electronic medical record for that provider.
Please note that MMP cannot control and is not responsible for the privacy and security of your Personal Information, including PII, once it has left MMP in accordance with your requests and directives when using the Applications. We cannot retrieve that information after you’ve shared it; and we cannot control or restrict the use of Personal Information, including PII, by other organizations if you have chosen to share your information with them.
The Applications data is encrypted and is stored on a HIPAA compliant data storage platform. If the User chooses to transfer Personal Information to a mobile device’s e-mail program, messaging app or any such communications app, the Applications will not encrypt the e-mail, messaging app or any such communications app.
MMP is not responsible for the protection of the data you chose to share. Your Personal and Health information, including PII, may be accessed by an unauthorized party if the your smartphone or tablet or other device is lost or stolen and/or you have chosen a weak password for the Applications or the devices or if the you choose to use the Applications to e-mail Personal and Health information, including PII, and the e-mail is intercepted or misdirected. You enter your Personal and Health Information, including PII, into the Apps at your own risk and should take appropriate steps to maintain the security of your information, such as by choosing a password that is not easily guessed.
MMP may share your information in response to a legal process, such as a search warrant, court order or subpoena or when we have a good faith belief that the law requires us to do so.
V. ADVERTISERS AND MARKETING
Third parties may display advertisements on the Applications. These third parties may also place a cookie on your device in the course of you viewing their advertisements. If you would like more information about this practice, please visit www.mymediport.com.
We will not share your identifiable Health Information with advertisers or other third parties. We will use anonymized data which may include your Health Information (with the identifying information removed) and generic markers such as gender and geographic location to get targeted marketing offers. We will use this information for marketing purposes unless you have opted-out from receiving marketing communications. You may opt-out at any time by sending us an e-mail at [email protected]
Data gathered from the Apple’s HealthKit or Apple’s CareKit API will not be used for advertising or other use-based data mining other than improving health.
VI. MISCELLANEOUS
6. JURISDICTION
This Privacy Policy, and our collection and subsequent processing of your Personal Data is governed by U.S. law (not by the laws of any country, territory or jurisdiction other than the United States).
We do not represent or warrant that the Applications, or any functionality or feature thereof are appropriate or available for use in any particular jurisdiction. Those who choose to access or use the Applications do so on their own initiative and at their own risk. You are responsible for complying with all local laws, rules and regulations.
By using the Applications and submitting any Health Information or other Personal Data, users from outside the United States acknowledge that the Applications are subject to U.S. law and consent to the transfer of Health Information or other Personal Data to the United States, which may provide a different level of data security than in their country of residence. You hereby waive any claims that may arise under your own national laws, other than US law.
7. GENERAL
The Applications are not directed to individuals under the age of Eighteen (18). If you are under the age of 18 you are not permitted to use the Applications.
If any provision of this Privacy Policy is found to be void or unenforceable, such provision shall be severed, and all other provisions shall remain in force.
We may change this Privacy Policy at any time. Please take a look at the “Effective Date” at the top of this page to see when this Privacy Policy was last revised. Any changes to this Privacy Policy will become effective when we make the revised Privacy Policy available through the Applications. Your use of the Applications or the submission of any information in connection with the Applications following such changes means that you accept the revised Privacy Policy.
California Civil Code Section 1798.83 permits our customers who are California residents to request certain information regarding the disclosure of Personal Data to third parties for direct marketing purposes. To make such a request, please write to us at [email protected]
If you have any questions in relation to this Privacy Policy please contact mymediport at [email protected]
VII. DEFINITIONS
Applications – software applications (including mobile applications) and websites (including the website currently located at www.mymediport.com) that we operate and that contain or link to this Privacy Policy.
Health Information includes data that relates to your physical or mental health history or conditions, to treatment you have received for those conditions, or to payments for those conditions.
Non-Personal Data is data that does not reveal your identity, for example:
• Server log files;
• Information collected through cookies and other technologies;
• Demographic information;
• Health Information and other Personal Data that has been de-identified and can no longer identify you; and
• Browser information.
Personal Data is data that identifies you. We may collect the following Personal Data from you:
• Screen Name (i.e., the name you choose to identify yourself when using the Applications; if you choose to use your first and/or last name, we will collect that information);
• ZIP Code;
• Gender; and
• Health Information
Personal Identifiable Information or (PII) is information that alone or in conjunction with other information identifies you. This includes your name, social security number, date of birth, or government-issued identification number. It also includes your mother’s maiden name, unique biometric data – such as fingerprint, voiceprint and retina or iris image—and a unique electronic identification number, address or routing code.