Privacy policy

NEXHEALTH, INC.
Updated: November 28th, 2016

Service

NexHealth, Inc. ("Nex") develops, operates and distributes certain software applications (Apps), which include web apps, hosted applications and applications for mobile devices. The Apps, together with the services for communications, coordination and management by patients and healthcare professionals regarding medical conditions, and the data collection, storage, analysis and reporting tools, functions and services, that are provided via the Apps, are collectively referred to as the Service. The following policy explains how Nex collects, uses and disseminates information obtained from or about you as a user of the Service. Capitalized terms used herein without definition will have the same meanings as defined in the Terms of Service applicable to the Service, which are available at www.nexhealth.com

Information Collected

When you visit the Nex website or otherwise access the Service, web servers collect general information about your visit (such as, for example, traffic data like time, date and the address of the website from which you entered the Site), which is stored as anonymous, aggregate data. Nex also collects more specific information about you and your use of the Service (such as, for example, demographic data, profile data and frequency or duration of use). Collecting such data (collectively, Traffic Data) may entail the use of software programs, web beacons, pixel tags, cookies, IP addresses or other numeric codes used to identify a computer. The Service may be accessed: by visiting the Nex website directly; or by using an App that is downloaded from Nex (or a Channel Partner), which then communicates with Nex’s web servers. Regardless of how you access the Service, to ensure the integrity of the Service, you must complete an account registration process and provide Nex with current, complete and accurate information, as more specifically required by then current registration procedures and operational prompts. If some or all of your registration information has already been provided to Nex by the Clinical Partner, then you will need to review and confirm, complete or correct your information. By way of illustration and not limitation, you may be required to provide the following information in order to establish your account and register for and use the Service: name, address, telephone number, e-mail address, date of birth, username, password and certain preferences and permissions. Whenever you interact with the Service, a variety of technologies are employed to automatically or passively collect Service Data. The term Service Data means all data and information that are provided by you during registration and subsequent use of the Service (including messaging related to Healthcare Services), and all other data and information about you that are otherwise discerned or collected by Nex based on your access and use of the Service. For clarity, Service Data includes, but is not limited to: PII; PHI; browser or device type; operating system; time of day; identification of Site or App page views; use of particular Service features (such as, for example, report requests or viewing or responding to queries from Clinicians); geographic location. At no time will an App access, collect or store any of the personal contacts or photographs or any other information stored on your device without your permission.

Children

Nex will not collect personally identifiable information from any person who is actually known to us to be under the age of 13. If we become aware that a person under 13 has provided personally identifiable information, Nex will take steps to remove such information and terminate that individual’s account, access and use of the Service.

Use of Information

Except as set forth below, at no time will any of your Personal Data be shared with any third party by Nex. Your IP address is not linked to personally identifiable information, but is used to gather broad demographic data and to monitor statistics to improve the Service. Nex uses Traffic Data to help diagnose problems with its web servers, to administer the Service and to analyze user trends and behaviors. Nex will share Traffic Data with certain third parties for the purposes of technical and customer support. Nex collects, stores, processes and analyzes Service Data and produces Analytics. The term Analytics means user profiles and statistics, metrics, abstractions and other analyses that are based on or derived from your use of the Service and Service Data, which are developed in the aggregate with other data, results and measurements or in a manner that does not disclose the identity of any Patient, Clinician or Clinical Partner or any specific Service Data (except in aggregated or de- identified form). Nex will use your Service Data and exploit Analytics in the manner and for the purposes described in the Terms of Service, including without limitation: to use Service Data to communicate with you and your Patients, Clinician(s) and Clinical Partner (as the case may be); to include, copy, disclose, distribute, transmit and display Service Data in communications between a Patient and his or her Clinician (and vice versa) that have been properly initiated via the Service; to access, record, collect, copy, store, process, analyze and use Service Data to provide the Service (including with regard to the use of PHI in messaging between a Patient and his or her Clinician); to develop, improve, extend and test the Service (and underlying technology platforms); to design, develop and produce Analytics; to market and promote Nex and the Service using Analytics; and to disclose, distribute and transmit Service Data and/or Analytics to Clinical Partners.

IP Addresses, Cookies and Local Storage

Nex uses your IP address to help diagnose problems with its web servers and administer the Service. Your IP address is used to help identify you and to gather demographic information. IP addresses are also used to provide an audit trail regarding use of the Service. Cookies are pieces of information that a website transfers to your computer's hard disk for record-keeping purposes. Cookies in and of themselves do not personally identify users, although they do identify a user's computer. At this time, the Service does not utilize cookies. However, Nex does use the local storage on your device to track whether or not you are logged in and to store session-specific preferences. We do not save any other information about you in local storage.

Do Not Track Policy

Currently, Nex will not share Personal Data with any third party for purposes that are not related to the Service or its arrangements with applicable Clinical Partners. Nex may, however, disclose Personal Data if (a) reasonably necessary for Nex (or its service providers) to operate the Service, including processing your queries, responses and other messages, (b) to communicate with Patients, Clinicians and Clinical Partners, (c) otherwise permitted under the Privacy Policy or elsewhere in the Terms of Service, (d) Nex reasonably believes that such action is necessary to conform or comply with any legal, regulatory, law enforcement or similar requirement or investigation, to protect or defend the rights or property of Nex or any third party or to enforce the Terms of Service or (e) otherwise authorized by you.

HIPAA

In operating the Service, and as it relates to PHI, Nex endeavors to comply in all material respects with Health Insurance Portability and Accountability Act of 1996 (“HIPAA”). Pursuant to HIPAA, medical facilities or professionals from whom Nex receives information about patients may be Covered Entities (as defined under HIPAA), and we may serve as their Business Associate (as defined under HIPAA). As a result, some of the information we collect may constitute PHI (as defined in HIPAA).

Business Transfers

Nex may transfer Traffic Data, Service Data (including Personal Data) and Analytics to any successor to all or substantially all of its business or assets that concerns the Service. In the event of any such transfer, the successor will have all of the rights and be subject to all of the obligations of this Privacy Policy, including, without limitation, the right to modify or replace this Privacy Policy, as provided herein.

Security

Information collected by Nex is stored in operating environments that are secured using commercially available tools and procedures, and which are not made generally available to the public. Unfortunately, no data transmission over the Internet and/or wireless networks can be guaranteed to be 100% secure. As a result, Nex cannot unequivocally guarantee the security of any information you provide, and you do so at your own risk. Once Nex receives your information, it will make reasonable efforts to ensure its security on Nex's systems.

Connections

You may be able to obtain an App, access the Service and/or communicate with the Service from, and you may be able to link or communicate from the Service to, applications, devices, distribution platforms and websites owned and operated by Channel Partners and Clinical Partners. These other applications, devices, platforms and websites are not operated or controlled by Nex. Additional or different terms and conditions (including without limitation, privacy and security practices) apply when you access and use such other applications, devices, platforms and websites, which are not the responsibility of Nex.

Termination

If you terminate your registration and account for the Service, or if your registration or account is terminated for any reason by Nex, then Nex will remove your Service Data from the Service; provided, Nex may retain and use your Service Data in the manner described herein, but only in aggregated or de-identified form.

Non-US Users

YOU EXPRESSLY CONSENT TO THE TRANSMISSION, COLLECTION, STORAGE, PROCESSING AND USE OF THE ANALYTICS AND YOUR PERSONAL DATA IN ACCORDANCE WITH THIS PRIVACY POLICY. YOUR PERSONAL DATA MAY BE COLLECTED, STORED, PROCESSED, USED AND TRANSMITTED WITHIN, FROM AND TO THE COUNTRY WHERE IT WAS COLLECTED AND THE UNITED STATES. UNITED STATES LAWS REGARDING THE USE OF PERSONAL DATA MAY BE LESS STRINGENT THAN THE LAWS IN YOUR COUNTRY

Updates

Nex reserves the right, at its sole discretion, to update, modify or replace this Privacy Policy, in whole or in part, at any time. Nex will use reasonable efforts to notify you of any material change in advance of the effective date of any change. Change notices may be communicated by postings at the Site, via the Apps, e-mail or otherwise. In any case, you should periodically check this Privacy Policy for changes. Continued access or use of the Service following any change to this Privacy Policy constitutes your acceptance of those changes. The Privacy Policy may not otherwise be amended, as they apply to you, except by a written agreement executed by you and Nex. Information collected by the Service is subject to the Privacy Policy in effect at the time of use. You may correct or otherwise change your registration data by contacting Nex, as provided below.

Contact

If you have any questions regarding the Terms of Service or your dealings with the Service, please visit www.nexhealth.com or contact us at:

NexHealth, Inc.
333 Bush St.
Suite 2000
San Francisco, CA 94104
contact@nexhealth.com