This policy applies to information we collect:
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 firstname.lastname@example.org.
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 email@example.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:
Text Messages. You may opt out of receiving text messages from us at anytime by contacting us at firstname.lastname@example.org.
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.
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
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.
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.
Last updated September 30, 2022
Questions? Contact Us
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.
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:
We can use and share your health information with healthcare professionals to treat you.
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.
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.
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.
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.
As a user of Protera Health’s services, you have rights with respect to your health information:
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