Welcome to Protera Health services that are provided through a variety of different channels, including online at proterahealth.com (the “Website”), via one or more applications (the “Application”), or through telehealth delivery (collectively the “Service”). The Service is owned by Protera Health, Inc. and its subsidiaries or affiliates involved in providing and supporting the Service (collectively, “We”, “Us”, “Our” or “Protera Health”). Please read these terms and conditions carefully before using the Service. If you are accepting these terms and conditions for another person, such as a parent or guardian of a minor or incapacitated adult, you agree to these terms and conditions on behalf of that person, and all references to “You” refer to that person.
By accessing or using the Service, you agree to be bound by these terms and conditions (this “Agreement”). Protera Health has the right to accept or reject any applicant for Services, in its sole and complete discretion.
1. Scope of Service This Agreement applies only to your use of the Service.
The Service provides a variety of content, products, and services, which may include, as applicable, the Protera Health application, data analysis, participant access to his/her personal health account, personalized health education, access to other mobile and web-based technologies.
Protera Health, Inc. does not provide clinical services, is independent from healthcare providers who will be providing any services to you and is not responsible for such healthcare providers’ acts, omissions, or for any content of the communications made by them. Protera Health does not engage in the practice of medicine, physical therapy, or provide any other healthcare or clinical services. Features and specifications of products or services described or depicted as part of the Service are subject to change at any time without prior notice.
As a condition to use of the Service, you agree that you will not use the Service in a manner inconsistent with (i) this Agreement, or (ii) any and all applicable laws and regulations.
Any content accessed through the Service is for informational purposes only, and is not intended to cover all possible uses, directions, precautions, drug interactions, or adverse effects. The Service should not be used during a medical emergency or for the diagnosis or treatment of any medical condition. Please consult your doctor or other qualified health care provider if you have any questions about a medical condition, or before taking any drug, changing your diet, or commencing or discontinuing any course of treatment. Do not ignore or delay obtaining professional medical advice because of information accessed through the Service.
Reference to any product, recording, event, process, publication, service, or offering of any third party by name, trade name, trademark, service mark, company name, or otherwise, does not constitute or imply the endorsement or recommendation of such by Protera Health. Call 911 or your doctor for all medical emergencies. PROTERA HEALTH IS NOT RESPONSIBLE OR LIABLE FOR ANY MEDICAL ADVICE, COURSE OF TREATMENT, DIAGNOSIS OR ANY OTHER INFORMATION, SERVICES OR PRODUCTS THAT YOU MAY OBTAIN THROUGH THE SERVICE.
2. Your Account and your Use of the Protera Health Service You must provide accurate and complete information any time you initially register or continue to use the Service. It is your responsibility to provide Us with true, accurate, and complete email address, contact, and other information related to your account(s), and to maintain and promptly update any changes in this information. You are responsible for maintaining the confidentiality and security of your password and account credentials, and you are fully responsible for all activities that occur under your password or account. You agree to (a) immediately notify Protera Health of any unauthorized use of your password or account, and (b) ensure that you properly exit from your account at the end of each session. Protera Health shall not be liable for any loss or damage arising from your failure to comply with any of these terms and conditions.
The following actions are expressly prohibited in relation to your user name and password used to obtain the Service:
If you have forgotten your user name or password, the Service will use an email address previously provided by you to send your user name or temporary password. You understand that any other individuals using the same email address will be able to gain access to your Service account information.
Your use of the Service and any content accessed through the Service must comply with all applicable laws, regulations, and ordinances, including any laws regarding the export of data or software. You must be at least 18 years old to register and use the Service, or you must be the legal guardian for someone under age 18 whose data is accessed through the Service. You may not interfere with or disrupt the proper operation of the Protera Health Service.
If you use Protera Health’s mobile services to enter and maintain your personal information, you understand that you are responsible for safeguarding and securing your mobile device and the associated credentials (such as user identifiers and passwords). If you leave your mobile device unattended, or if it is lost or stolen, you understand that your personal information may be accessible to others. By providing your phone number to Protera Health, you expressly consent to Protera Health calling or texting you at this phone number - in person or through an automated system.
3. Text Message and Short Code Terms By opting in you are agreeing to receive informational messages. You can cancel the SMS service at any time. Just email care@proterahealth.com and ask to stop receiving messages. After this, you will no longer receive SMS messages from Us. If you want to join again, contact us at care@proterahealth.com. If you are experiencing issues with the messaging program you can contact Protera Health for help directly at care@proterahealth.com. Carriers are not liable for delayed or undelivered messages. As always, message and data rates may apply for any messages sent to you from Us and to Us from you. If you have any questions about your text plan or data plan, it is best to contact your wireless provider. If you have any questions regarding privacy, please read our Privacy Policy.
4. Use of your Information / Privacy Policy If you create, transmit, or display information while using the Protera Health Service, you may provide only information that you own or have the right to use. Protera Health will only use information you provide as permitted by the Privacy Policy, HIPAA Notice, and applicable law. The purpose of Our Privacy Policy is to identify the information We collect online, the steps We take to protect it and your choices regarding how that information is used. In addition, when Protera Health is acting as a Covered Entity or Business Associate under the Health Insurance Portability and Accountability Act (“HIPAA”), Our Notice of Privacy Practices applies to those services.
5. Intellectual Property The Service is owned by Protera Health. We grant to you, for your personal purposes only, a nonexclusive, limited and revocable right to access and use the Service during the term of this Agreement, so long as you comply with the terms of this Agreement. You agree not to use the Service for any other purpose, including commercial purposes, such as co-branding, framing, linking, or reselling any portion of the Service without Our prior written consent.
All materials available through the Service may be accessed, downloaded, or printed for the user’s own personal, noncommercial purpose and solely within the scope allowable by this Agreement. No other use of these materials is allowed without express written permission of Protera Health.
Any unauthorized use of the words or images from the Service may violate copyright laws, trademark laws, the laws of privacy and publicity, and civil and criminal statutes. The Service includes material that is derived in whole or in part from materials that are copyrighted, including the content, format and layout of the Service. The copyrights are owned by Protera Health, or for licensed content, the content providers.
None of the names, trademarks, service marks and logos of Protera Health appearing on the Service may be used in any advertising or publicity, or otherwise to indicate Protera Health’s sponsorship of or affiliation with any product or service without express written permission of Protera Health. Nothing contained within the Service should be construed as granting, by implication, estoppel, waiver, or otherwise, any license or right of use to any trademark displayed on or through the Service without the written permission of Protera Health or the third-party owner of the trademark, if any. The Service may contain other proprietary notices and copyright information, the terms of which must be observed and followed by you.
You understand and agree that any and all comments, suggestions, ideas or feedback (collectively, “Feedback”) you provide Us about the Service or any Protera Health products or offerings, including how to improve them, is or becomes the exclusive property of Protera Health, including any associated rights to such Feedback, and Protera Health may freely use, copy, make, sell, reproduce or modify Feedback in any manner without consent, obligation or compensation to you.
6. Right to Change Terms and Conditions Protera Health may, at any time and from time to time, amend this Agreement. Any changes to this Agreement will be effective immediately upon posting of the changed terms and conditions on the Service or our Website. You agree to periodically review these terms and conditions, and your continued use of the Service following any such change constitutes your agreement to follow and be bound by this Agreement as amended.
7. Browser Access and Internet Services You are responsible for obtaining, installing, maintaining and operating all software, hardware or other equipment (collectively, “Systems”) necessary for you to access and use the Service. This responsibility includes, without limitation, your utilizing up to date web-browsers and strong encryption, antivirus, anti-spyware, and internet security software. You are additionally responsible for obtaining internet services via the internet service provider of your choice, for any and all fees imposed by such internet service provider and any associated communications service provider charges. You acknowledge that there are certain security, corruption, transmission error, and access availability risks associated with using open networks such as the internet, and you hereby expressly assume such risks. You acknowledge that you are responsible for the data security of the Systems used to access the Service, and for the transmission and receipt of information using such Systems. You acknowledge that you have requested access to the Service for your convenience, have made your own independent assessment of the adequacy of your internet and Systems, and that you are satisfied with that assessment. We are not responsible for any errors or problems that arise from the malfunction or failure of the internet or your System.
8. Links to Other Sites The Service may contain third-party-owned content (e.g., articles, data feeds, abstracts, etc.) and may also include hypertext links to third-party-owned websites. We provide such third-party content and links as a courtesy to our users. We have no control over any third-party owned web sites or content referenced, accessed by or available through the Service and, therefore, we do not endorse, sponsor, recommend or otherwise accept any responsibility for such third party web sites or content or for the availability of such web sites. IN PARTICULAR, WE DO NOT ACCEPT AND EXPRESSLY DISCLAIM ANY LIABILITY ARISING OUT OF ANY ALLEGATION THAT ANY THIRD-PARTY OWNED CONTENT (WHETHER PUBLISHED ON THE SERVICE, OR ANY OTHER, WEB SITE) INFRINGES THE INTELLECTUAL PROPERTY RIGHTS OF ANY PERSON OR ANY LIABILITY ARISING OUT OF ANY INFORMATION OR OPINION CONTAINED ON SUCH THIRD-PARTY WEB SITE OR CONTENT. If you link to third-party sites from Protera Health, you should consult the policy statements of each site you visit.
9. Disclaimer of Warranty; Limitation of Liability By using the Service, you agree and represent to Protera Health that you have the power and legal authority to accept and agree to these Terms and Conditions on behalf of yourself or as a legal guardian of someone else, and that you own all of the legal rights to the information you provide and grant the rights and licenses granted herein; and all information that you provide to Protera Health or its employees and/or affiliates is accurate, complete, and true when provided.
THE SERVICE IS PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED. PROTERA HEALTH AND ITS SUPPLIERS DISCLAIM ALL EXPRESS AND IMPLIED WARRANTIES WITH REGARD TO THE INFORMATION, SERVICES AND MATERIALS CONTAINED ON THE SERVICE, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND/OR NON-INFRINGEMENT. YOUR USE OF THE SERVICE IS AT YOUR OWN RISK. ACCESS TO THE SERVICE MAY BE INTERRUPTED AND INFORMATION, SERVICES AND MATERIALS MAY NOT BE ERROR-FREE. NONE OF PROTERA HEALTH, ITS SUPPLIERS OR ANYONE ELSE INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE SERVICE OR THE INFORMATION, SERVICES, AND MATERIALS CONTAINED THEREIN ASSUMES ANY LIABILITY OR RESPONSIBILITY FOR THE ACCURACY, COMPLETENESS, OR USEFULNESS OF ANY INFORMATION, SERVICES, AND MATERIALS PROVIDED ON THE SERVICE; THEY ALSO SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, CONSEQUENTIAL, OR PUNITIVE DAMAGES ARISING OUT OF YOUR USE OF, OR INABILITY TO USE, THE SERVICE FOR ANY REASON. YOU ACKNOWLEDGE AND AGREE THAT THE LIMITATIONS SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THIS AGREEMENT AND THE SERVICE WOULD NOT BE PROVIDED TO YOU ABSENT SUCH LIMITATIONS. PLEASE NOTE THAT SOME JURISDICTIONS MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.
10. Indemnification You agree to indemnify, defend, and hold harmless Protera Health and its suppliers and their respective affiliates, employees, officers, directors, agents, and representatives of each from any third-party liability, loss, claim, suit, damage, and expense (including reasonable attorneys' fees and expenses) related to (i) your violation of this Agreement; (ii) your misuse of the Service, including any features, functionality, tools, content or promotions available through the Service; (iii) your posting of material to the Service; (iv) your misrepresentation, gross negligence or willful misconduct; and (v) your breach of federal, state, local, or other applicable laws or regulations.
11. Applicable Law The Service is offered solely in the United States and may be accessed solely from the United States. You agree that the statutes and laws of the State of Delaware, without regard to any principles of conflicts of law, will apply to any and all matters relating to the use of the Service. Any dispute between Protera Health and you related to this Agreement shall be resolved exclusively in and by the state and federal courts of the State of Delaware.
12. Modification and Termination of the Protera Health Service You may terminate your use of the Service at any time by not using the Service anymore. Protera Health reserves the right to terminate accounts for any reason it deems appropriate including, but not limited to, a belief that your conduct or your use of the Service violates applicable laws or is harmful to the interests of Protera Health, its clients or any other users, your abusive, harassing, threatening or otherwise inappropriate behavior, or illegal or inappropriate conduct, such as falsifying information to receive our Service. Protera Health also may place limits on, modify, suspend, or terminate the Service generally, as it deems appropriate or in response to a legal or regulatory change, and may suspend or terminate your use of the Service if you fail to comply with this Agreement. This suspension or termination may delete your information, files, and other previously available content. If Protera Health terminates the Service or your use of the Protera Health Service, this Agreement will also terminate, but Sections 2, 4, 5, 8, 9, 10, 11, 12, and 13 shall continue to be effective after this Agreement is terminated.
13. General Legal Terms If you have not signed a separate written agreement with Protera Health related to the Service, this Agreement, along with the related Privacy Policy, is the entire agreement between you and Protera Health related to the Service, replacing any prior agreements. If there is any conflict between this Agreement and a signed written agreement between you and Protera Health related to the Service, this Agreement will control. If any provision of this Agreement is determined to be invalid, illegal, or unenforceable, the remaining provisions of the Agreement remain in full force, provided that the essential terms and conditions of this Agreement remain valid, binding and enforceable and the economic and legal substance of the transactions contemplated by the Agreement are materially preserved. You may not assign, transfer, or delegate any of your rights or obligations under these Terms and Conditions, without Our prior written consent. Protera Health may assign, transfer, or delegate Our rights and obligations under these Terms and Conditions, in whole or in part, in Our sole discretion. The United States export control laws regulate the export and re-export of technology originating in the United States. This includes the electronic transmission of information and software to foreign countries and to certain foreign nationals. You agree to abide by these laws and their regulations. Nothing in this agreement creates an agency, partnership, or joint venture. Failure to enforce any provision will not constitute a waiver of that provision.
14. Contact Information Protera Health is headquartered in Bloomfield Hills, Michigan in the United States of America.
Protera Health, Inc. 43313 Woodward Ave #1174, Bloomfield Hills, MI 48302
Email: care@proterahealth.com
Last updated on September 30, 2022
Your privacy is important to us. Protera Health (“we,” “us,” and “our”) respects the privacy of every customer and we are committed to protecting your privacy. This Protera Health’s Privacy Policy (“Privacy Policy”) sets forth and describes the practices and policies that we will follow with respect to the privacy of the information of users of this site and our patient assessment and engagement services (collectively, the “Services”). “You”, “your”, or similar terms refer to you as a user or customer of the Services.
This policy applies to information we collect:
As used in this Privacy Policy, the terms “using”, “processing”, and “analyzing” information may include, amongst other things, subjecting such information to analysis, using cookies or web beacons, and managing information in a number of ways, including but not limited to: collection, storing, evaluating/analyzing, modifying, deleting, using, combining, and/or disclosing.
Some of the individually identifiable information we collect may constitute protected health information (“PHI”) under the Health Insurance Portability and Accountability Act of 1996 (“HIPAA”), as amended from time to time. PHI is subject to special protections under HIPAA. For more information about your rights under HIPAA, please refer to guidance provided by the U.S. Department of Health & Human Services. To the extent other state or local privacy and data protection laws apply to your data, we will comply with those requirements as well. Should you have any questions about this policy or our practices, please send an email us at care@proterahealth.com.
Telephone Consumer Protection Act
Protera Health may provide you with notices, including those related to your enrollment or use of the Services, including but not limited to by email, telephone call, SMS, MMS, text message, or other reasonable means now known or hereinafter developed. Protera Health will provide notice and request consent to receiving text messages at the point of collection for mobile phone numbers. By providing Protera Health with your telephone number, this gives Protera Health consent to send you text messages regarding your Services, or for other non-telemarketing purposes, made by an automatic telephone dialing system.
You understand that you may receive email as part of using the Services, and your email server may not guarantee encryption. If your email provider does not encrypt email, you accept the risk that some PHI could be acquired by someone else.
You understand that you may receive text messages (SMS) as part of using the Services, such as a reminder to complete a questionnaire. Cell phone providers do not guarantee encryption of SMS messages that are stored on your behalf. By using the Services you accept the risk that some PHI could be intercepted by someone else targeting your SMS communications or seen by individuals who have access to your mobile device.
Types of Information Collected
Protera Health collects the following types of information about our website users: automatically collected information and personal information.
Automatically collected information may include the name of the domain used to access the internet; an internet protocol (IP) address, which can reveal geographic information; the date and time of a website visit; URLS of pages visited on Protera Health’s website; if present and available, the internet address of the website visited before; and characteristics of devices (such as operating system, web browser, and screen resolution).
Personal information includes but is not limited to identifying information such as your name, e-mail address or other contact information, associated claims codes and your enrollment in a group health plan. Protera Health collects other personal information about you through the Services including when you voluntarily provide it to us. In connection with your use of the Services, we may also collect or access medical records from your past, current, and future health care providers. This may include information about your existing or past diagnoses, previous treatments, general health, laboratory or pathology test results and reports, social histories, family medical history, and records about phone calls or emails related to your health or test results. If you choose to go through our screening process and/or register for the Services we ask you to provide personal information, including but not limited to: your name, address, telephone number and/or email address, height, weight, and health information in connection with the use of our products or services. We also collect information that will allow you to establish a username and password. You may choose not to provide us with certain information, but that may result in our inability to provide you access to the Services.
How to Review and Change Your Personal Information
If you create a Protera Health account, you may review your personal information by visiting the Protera Health application and accessing the “Settings menu.” To change or remove any information, please contact us through the application, or at care@proterahealth.com.
How We Use and Disclose Information That We Collect Online
By using the Services you consent to and authorize Protera Health and its affiliates to disclose your eligibility for and participation in the Services among themselves and to others. In particular, these entities may be able to access a range of information about you, such as your first and last name, picture, and participation in Protera Health’s program.
How we use the information we collect depends in part on which Services you use, how you use them, and any preferences you have communicated to us. Below are the purposes for which we use the information we collect about you.
To provide and secure the Services and personalize your experience: We use information about you to provide the Services to you, including to:
To protect our legitimate business interests and legal rights, such as to:
Understand and improve our Services:
Advertising: With your consent as required by applicable law, we use information about how you have interacted with our corporate website (proterahealth.com) to target and serve personalized online ads to you.
With your consent: We may use information about you in other ways or for other purposes, where you have given us consent to do so for a specific purpose not listed above.
De-identified and Aggregated Information: We may use personal information and other information about you to create de-identified and/or aggregated information, such as de-identified demographic information, location information, information about the device from which you access the Services, or other data sets we may create. In some cases, we use aggregated, de-identified clinical data to provide our customers with insight into how their employees are using our Services.
(b) Disclosure of Personal Information to Third Parties
We will not disclose any personal information about any of our users to any unaffiliated third-party (excluding our vendors or contractors to whom we may provide such information for the limited purpose of providing services to us and who are obligated to keep the information confidential), unless: (1) you have authorized us to do so; (2) we are legally required to do so, for example, in response to a subpoena, court order or other legal process, and/or (3) it is necessary to protect our property rights related to this website. We also may share aggregate, non-personal information about website usage with unaffiliated third parties, or via scientific research papers regarding our Services. This aggregate information does not contain any identified personal information about our users.
Your Providers. If your care provider is connected to our services, , your Provider will have access to the personal information that you have provided through your completed intake form and initial assessment. If you switch Providers, we may disclose your personal information to your new Provider to facilitate a consistent care experience.
Your Privacy Choices and Rights
Your Privacy Choices. You have a number of choices you can make regarding your personal information, including as follows:
Email Communications. If you receive an unwanted email from us, you can use the unsubscribe link found at the bottom of the email to opt out of receiving future emails. Note that you will continue to receive transaction-related emails regarding products or Services you have requested. We may also send you certain non-promotional communications regarding us and the Services, and you will not be able to opt out of those communications (e.g., communications regarding the Services or updates to our Terms or this Privacy Policy).
Text Messages. You may opt out of receiving text messages from us at anytime by contacting us at care@proterahealth.com.
Your Privacy Rights. In accordance with applicable law, you may have the right to:
Access Personal Information about you, including: (i) confirming whether we are processing your personal information; (ii) obtaining access to or receiving a copy of your personal information; and (iii) receiving an electronic copy of personal information that you have provided to us, or (iv) asking us to send that information to another company (the “right of data portability”);
Request Correction of your personal information where it is inaccurate or incomplete. In some cases, we may provide self-service tools that enable you to update your personal information;
Request Deletion of your personal information;
Request Restriction of or Object to our processing of your personal information; and
Withdraw your Consent to our processing of your personal information.
You may submit requests regarding your personal information by contacting us as described below. If you have such rights and your request complies with applicable legal requirements, we will give effect to your rights and respond within any mandatory timeframes as required by law.
Cookies and Web Beacons
Certain Protera Health websites, like many other commercial websites, may use standard technologies called “cookies” and “web beacons” to collect information about how our website is used. Cookies were designed to help a website operator determine that a particular user had visited the site previously and thus save and remember any preferences that may have been set. This information also allows us to statistically monitor how many people are using our website and for what purpose. We may also make use of “persistent” or “memory based” cookies, which remain on your computer’s hard drive until you delete them. You have the ability to modify your browser to either accept all cookies, notify you when a cookie is sent, or reject all cookies, but it may not be possible to utilize our Services if you reject all cookies.
Web beacons are small pieces of code (also called pixels) that are embedded on the pages of websites and that can report your visit or use to a third party. We use web beacons to collect automatic information about our visitors but not personal information. Protera may use these tools for the purposes of web analytics, marketing, and error management. You may modify your browser to prevent web beacons from collecting automatic information about you.
The information we collect through Automated Technologies may or may not contain Personal Information about you. This information helps us to improve our website or Services by enabling us to do things like estimate our audience size and usage patterns; store information about your preferences to customize our website according to your individual interests; speed up your searches; recognize you when you return; and to support the other activities described in this Privacy Policy, such as Advertising.
How We Protect Information Online
We exercise great care to protect your personal information through various administrative, technical and physical safeguards. This includes, among other things, using industry standard techniques such as firewalls, encryption, and intrusion detection for information stored on our systems. However, while we strive to protect your personal information, we cannot ensure or warrant the security of any information you transmit to us or receive from us while that information is in transit. This is especially true for information you transmit to us via email since we have no way of protecting that information until it reaches us since email does not have the security features that are built into our websites.
In addition, we limit our employees’ and contractors’ access to personal information. Only those employees and contractors with a business reason to know have access to this information, and then may only access or use the minimum necessary for the task at hand. We educate our employees about the importance of maintaining confidentiality of user information.
We also periodically review our security arrangements and safeguards.
International Data Transfer
By using the Services, your personal information will be stored within the United States, where privacy rules differ and may be less stringent than those of the country in which you reside
Children
The Protera Health websites and Services are not designed to be used by or intended to attract children under the age of 13. Individuals who we actually know are under the age of 13 will not be permitted to use the Protera Health websites and Services and we will not collect their personal information. If you are a parent or guardian and you are aware that your child who is under the age of 13 has provided us with identifiable personal data, please contact us. If we become aware that we have inadvertently collected data from children under the age of 13 without verification of parental consent, we will timely remove that information from our servers to the extent permissible by law.
Links to Other Websites
We want to provide website visitors valuable information, services, and products. Featured programs and other Protera Health website content may link our users to third-party websites. Protera Health does not control and is not responsible for privacy or security practices of any third party websites.
Do Not Track
Do Not Track is an optional setting that enables you to express your preferences regarding the collection of information about your online activities over time and across third-party websites. Your browser sends Do Not Track signals to the websites you visit expressing your preference not to be tracked. However, because there is no industry-standard approach to responding to Do Not Track signals, we do not process or respond to Do Not Track signals.
California Residents
If you are a California resident, California law provides you with additional rights regarding our collection, use, and disclosure of your personal information under the California Consumer Privacy Act or “CCPA” (Cal. Civ. Code § 1798.100 et seq.), Shine the Light law (Cal. Civ. Code § 1798.83), and Do Not Track law (Cal. Bus. & Prof. Code BPC § 22575). Please note that the CCPA does not govern medical information or PHI that is collected by a covered entity or business associate that is governed by HIPAA.
Consent to Privacy Policy
Please read this Privacy Policy carefully to understand our policies and practices regarding your Personal Information and how we will treat it, including the collection, use and disclosure of your Personal Information. By accessing or using our website and Services, you agree to this Privacy Policy. This Privacy Policy may change from time to time. Your continued use of our Website after we make changes is deemed to be acceptance of those changes, so please check the policy periodically for updates.
This Website Privacy Policy is written in the English language. We do not guarantee the accuracy of any translated versions of this Privacy Policy. To the extent that any translated versions of this Privacy Policy conflict with the English language version, the English language version of this Privacy Policy controls.
Last updated September 30, 2022
Questions? Contact Us
If you have questions or concerns about our Privacy Policy and privacy practices or the use of your information please contact us at care@proterahealth.com.
ALTERNATIVE CALIFORNIA LANGUAGE:
Supplemental Notice For California Residents
This Supplemental California Privacy Notice only applies to our processing of personal information about California individuals.
Do Not Track. We currently do not support the Do Not Track (“DNT”) browser setting or respond to DNT signals. DNTis a preference you can set in your browser to let the websites you visit know that you do not want them collecting certain information about you. For more details about DNT, including how to enable or disable this preference, visit https://termsfeed.com/do-not-track.
Submitting Requests to Know and Delete Personal Information. The CCPA gives California residents rights to request: (i) specific pieces of personal information we have collected about them; and (ii) the deletion of personal information that we collected from them. You may submit a verifiable consumer request to us for disclosure or deletion of personal information by clicking here or emailing us at the contact details above. We will process such requests in accordance with applicable laws.
Verification. To protect your and others’ privacy, we will take steps to verify your identity before fulfilling your request. When you make a request, we will ask you to provide sufficient information that allows us to reasonably verify you are the person about whom we collected personal information or an authorized representative. We verify consumer requests by matching personal information that you provide with information in our possession, in order to confirm your identity. Any additional information you provide will be used only to verify your identity and not for any other purpose.
“Sales” of Personal Information under the CCPA. For purposes of the CCPA, Protera does not “sell” personal information, nor do we have actual knowledge of any “sale” of personal information of minors under 16 years of age.
Non-Discrimination. California residents have the right not to receive discriminatory treatment by us for the exercise of their rights conferred by the CCPA.
Authorized Agent. Only you, or someone legally authorized to act on your behalf, may make a verifiable consumer request related to your personal information. You may designate an authorized agent to make requests on your behalf. You must provide an authorized agent written permission to submit a request on your behalf, and we may require that you verify your identity directly with us. Alternatively, an authorized agent that has been provided power of attorney under Probate Code sections 4000-4465 may submit a request on your behalf. To designate an authorized agent, please contact us as described below.
Accessibility. This Privacy Policy uses industry-standard technologies and was developed in line with the World Wide Web Consortium’s Web Content Accessibility Guidelines, version 2.1. If you wish to print this policy, please do so from your web browser or by saving the page as a PDF.
Protera Health Notice of Privacy Practices
THIS NOTICE DESCRIBES HOW MEDICAL INFORMATION ABOUT YOU MAY BE USED AND DISCLOSED AND HOW YOU CAN GET ACCESS TO THIS INFORMATION. PLEASE REVIEW IT CAREFULLY.
Protera Health, Inc. ("Protera Health") is committed to protecting the privacy and security of our customers' data. To that end, we operate in compliance with all applicable privacy and data protection laws including the Health Insurance Portability and Accountability Act of 1996, as amended by the Health Information Technology for Economic and Clinical Health Act of 2009 ("HITECH") and implementing regulations (“HIPAA”).
This Notice of Privacy Practices describes the practices that we will follow with respect to the privacy of the health information of users of this site and our mobile applications and related services (“Services”).
What Health Information We Collect
Protera Health takes the confidentiality of your health information seriously. In providing our Services, some of the information we collect may constitute protected health information (“PHI”) under HIPAA. PHI is personal (individually identifiable) information about you that relates to (a) your past, present or future physical or mental health or condition, (b) the provision of health care to you, or (c) your past, present, or future payment for the provision of health care, which is created, received, transmitted or maintained by Protera Health. This Notice of Privacy Practices describes how we protect the privacy of your protected health information as a user of our Services. As a provider of health services, Protera Health has certain obligations under HIPAA for maintaining the privacy and security of your PHI collected while performing our Services.
What Information We Disclose
When you use our Services, Protera Health may use and disclose your PHI for the purposes described below. These uses and disclosures do not require your prior authorization. You may revoke your authorization for us to use or share your health information at any time, except for uses or disclosures we have already made. Protera Health may use and disclose your health information for the following purposes:
Treatment:
We can use and share your health information with healthcare professionals to treat you.
Payment:
We may use and share your health information to obtain payment for our services. For example, we may disclose your PHI to your health plan to determine whether you are eligible for health benefits or to get payment for our services.
Business Associates:
From time to time, we work with other companies and individuals who help us deliver our services, known as “business associates.” These entities are required to keep any PHI confidential and store it securely. For example, we use business associates to help store the data that we collect.
De-identifiable and Aggregated Data:
We may use and disclose your PHI in a de-identified and aggregated manner to analyze our users’ experiences and help improve our services.
Research:
We can use or share your information for health research as authorized by law.
As Required by Law:
We may use or disclose your PHI if state or federal laws require it.
Public Health and Safety
We may use and disclose your PHI to prevent or minimize a serious threat to your health and safety or that of another person, or as requested by an authorized public health authority for any other public safety reason. We may also disclose PHI to those assisting in disaster relief efforts so that others can be notified about your condition, status and location.
Law Enforcement Activities
We may also provide PHI to law enforcement officials, for example, in response to a warrant, investigative demand or similar legal process, or for officials to identify or locate a suspect, fugitive, material witness, or missing person. We may also disclose PHI to appropriate agencies if we reasonably believe an individual to be a victim of abuse, neglect or domestic violence, and for any other reason required by applicable law.
Legal Proceedings
We may disclose PHI to respond to a court or administrative order, or in response to a warrant, investigation demand or other legal process.
We may also use and disclose your PHI for other purposes as permitted by HIPAA.
Note Regarding State Law
Where state law is more restrictive of disclosure than federal law, we are required to follow the more restrictive state law.
Notice Regarding Technology
We may use electronic software, services, and equipment, including without limitation email, video conferencing technology, cloud storage and servers, internet communication, cellular network, voicemail, facsimile, electronic health record, and related technology to share PHI with you or third-parties subject to the rights and restrictions contained herein. In any event, certain unencrypted storage, forwarding, communications and transfers may not be confidential. We will take measures to safeguard the data transmitted, as well as ensure its integrity against intentional or unintentional breach or corruption. However, in very rare circumstances security protocols could fail, causing a breach of privacy or PHI. In the unlikely event that happens, we will take immediate steps to stop further breach of information and promptly notify you if your information is impacted.
Your Rights
As a user of Protera Health’s services, you have rights with respect to your health information:
Our Responsibilities
Changes to the Terms of this Notice
From time to time, we may change this privacy statement, which is applicable to all PHI we maintain about you. For example, as we update and improve our services, new features may require modifications to the privacy statement. The new notice will be available on our website. Accordingly, please check back periodically.
Last updated on October 10, 2022
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