Privacy Policy

Welcome to the web site(s) (the “Site” or “Sites”) or mobile apps (the “Apps”) of Theramie Incorporated (“Company”, “we”, “us” and/or “our”). This Site is operated by Theramie Incorporated and has been created to provide information about our Company and our physician support services, mobile applications and related products and services (together with the Sites and/or the Apps, the “Services”) to our Service visitors and users (“you”, “your”). This Privacy Policy sets forth the Company’s policy with respect to information, including personally identifiable data (“Personal Data”) and other information that is collected from visitors to the Site and users of the Services. The Services are intended for use by physicians and other health care providers only.

What This Policy Covers:
This Privacy Policy covers our collection, use and disclosure of information about identifiable individuals and information which can be used to identify an individual (“Personal Data”). Personal Data does not include “aggregate” information which we aggregate from information (including Personal Data) you provide to us. Personal Data may be collected about our customers, prospective customers, visitors to the Website, and end users of the Services. You can choose not to provide us with certain information, but by doing so, you may not be able to take advantage of many of the features and functionality of our Services.

The Services are intended for use by health care providers (“Customers”). Our Customers are responsible for maintaining their own privacy policies governing the collection, use and disclosure of Personal Data and for obtaining the necessary authorizations and consents before any Personal Data are made available to us for use in accordance with this Privacy Policy.

You understand and agree that the Company and its authorized business partners, affiliates, subsidiaries or agents may collect, maintain, and process information provided by you, on and through the Services. You represent and warrant that you have permission to share any information you elect to provide to Theramie, you consent to such information being shared with third parties as described in this Privacy Policy, and that such information is accurate, current, non-misleading, and consistent and relevant for the purpose for which you are providing information.

Information We Collect:

When you interact with us through the Services, we may collect Personal Data about you and your patients, and other information from you, as further described below:

Practice Users: The Company makes its Website and the Services available to medical practices for a variety of uses described in our Terms of Use. In order to provide the Services to our medical practice clients (“Practice Users”), the Company collects certain Personal Data such as contact and registration information from the Practice User employee signing up on behalf of the Practice User. The Company collects and uses Practice User information the same way we collect and use Personal Data.

Prospective Customers: We collect names, email addresses and other business contact information about individuals who we consider to be prospective Customers and business partners (“Prospects”). The Company uses third-party service providers in order to collect, store and process Personal Data about Prospects. We use these third-party service providers to identify Prospects and locate contact information to contact Prospects about our Services.

Personal Data That You Provide Through the Services:

We collect Personal Data from you when you voluntarily provide such information, such as when you contact us with inquiries, respond to one of our surveys, register for access to the Services or use certain Services. Wherever the Company collects Personal Data we make an effort to provide a link to this Privacy Policy. Once you create an account with us and sign in to our services, you are not anonymous to us.

As you visit or browse the Website or use the App, we collect information about the device and browser you use, your network connection, your IP address, and information about the cookies installed on your device. This information is logged to help diagnose technical problems for analytics and for quality control purposes.

By voluntarily providing us with Personal Data, you are consenting to our use of it in accordance with this Privacy Policy. If you provide Personal Data to the Services, you acknowledge and agree that such Personal Data may be transferred from your current location to the offices and servers of the Company and the authorized third parties referred to herein located in the United States.

Other Information:

Non-Identifiable Data:

When you interact with the Company through the Services, we receive and store certain personally non-identifiable information. Such information, which is collected passively using various technologies, cannot presently be used to specifically identify you. The Company may store such information itself or such information may be included in databases owned and maintained by Company affiliates, agents or service providers. The Services may use such information and pool it with other information to track, for example, the total number of visitors to our Site or App downloads, the number of visitors to each page of our Site, and the domain names of our visitors’ Internet service providers. It is important to note that no Personal Data is available or used in this process.

Cookies: In operating the Services, we may use a technology called "cookies." A cookie is a piece of information that the computer that hosts our Services gives to your browser when you access the Services. Our cookies help provide additional functionality to the Services and help us analyze Services usage more accurately. For instance, our Site may set a cookie on your browser that allows you to access the Services without needing to remember and then enter a password more than once during a visit to the Site. In all cases in which we use cookies, we will not collect Personal Data except with your permission. On most web browsers, you will find a “help” section on the toolbar. Please refer to this section for information on how to receive notification when you are receiving a new cookie and how to turn cookies off. We recommend that you leave cookies turned on because they allow you to take advantage of some of the Service features.

Log Files: Like many internet and mobile services, we may automatically gather certain information about our Services traffic and store it in log files. This information includes mobile device identifiers, browser type, IP address, mobile or internet service provider, referring/exit pages, operating system, date/time stamp, and clickstream data. We use this information, which does not identify individual users, to analyze trends, to administer the Services, to track users’ movements around the Services, and to gather demographic information about our user base.

We also store in our log files information identifying users who have accessed data that we process and store about patients, and any changes they make to such data. We use this information to comply with legal obligations relating to such data and to keep a record of such changes. We may also use it to improve our Services. We may link this automatically collected data to Personal Data. Device identifiers may be tied to Personal Data to troubleshoot access issues.

We may use third-party tracking services that use log files, cookies, and possibly other techniques to track non-Personal Data about visitors to the Services in the aggregate. These services capture usage and volume statistics as well as geographical location data to compile usage reports and maps for optimization and troubleshooting purposes.

Aggregated Personal Data:

In an ongoing effort to better understand and serve the users of the Services, the Company often conducts research on its customer demographics, interests and behavior based on the Personal Data and other information provided to us. This research may be compiled and analyzed on an aggregate basis, and the Company may share this aggregate data with its affiliates, agents and business partners. This aggregate information does not identify you personally. The Company may also disclose aggregated user statistics in order to describe our services to current and prospective business partners, and to other third parties for other lawful purposes.

Our Use of Your Personal Data and Other Information:

The Company uses the Personal Data you provide in a manner that is consistent with this Privacy Policy. If you provide Personal Data for a certain reason, we may use the Personal Data in connection with the reason for which it was provided. For instance, if you contact us by email, we will use the Personal Data you provide to answer your question or resolve your problem. Also, if you provide Personal Data in order to obtain access to the Services, we will use your Personal Data to provide you with access to such services and to monitor your use of such services. The Company and its subsidiaries and affiliates (the “Related Companies”) may also use your Personal Data and other personally non-identifiable information collected through the Services to help us improve the content and functionality of the Services, to better understand our users and to improve the Services. Specifically, the Company uses Personal Data to:

* Authenticate access to the Account and provide access to the Services;

* Provide, operate, maintain and improve the Services;

* Send technical notices, updates, security alerts and support and administrative messages;

* Provide and deliver the Services and features you request, process and complete transactions, and send you related information, including confirmations and invoices;

* Respond to comments, questions, and requests and provide customer service and support;

* Communicate with you about services, features, surveys, newsletters, offers, promotions and events, and provide other news or information about us and our select partners;

* Investigate and prevent fraudulent transactions, unauthorized access to the Services, and other illegal activities;

* Personalize and improve the Services, and provide content, features, and/or advertisements that match your interests and preferences or otherwise customize your experience on the Services;

* Monitor and analyze trends, usage, and activities in connection with the Services and for marketing or advertising purposes; and

* For other purposes about which we will notify you and seek your consent, or which may be reflected in our services agreement with you.

The Company and its affiliates may use this information to contact you in the future to tell you about services we believe will be of interest to you. If we do so, each marketing communication we send you will contain instructions permitting you to “opt-out” of receiving future marketing communications. In addition, if at any time you wish not to receive any future marketing communications or you wish to have your name deleted from our mailing lists, please contact us as indicated below.

If the Company intends on using any Personal Data in any manner that is not consistent with this Privacy Policy, you will be informed of such anticipated use prior to or at the time at which the Personal Data is collected.

Online Tracking:

At this time, this Service does not support Do-Not-Track signals.

Our Disclosure of Your Personal Data and Other Information:

The Company is not in the business of selling your information. We consider this information to be a vital part of our relationship with you. There are, however, certain circumstances in which we may share your Personal Data with certain third parties without further notice to you, as set forth below:

Processing of Medical Practice Data:

As a service provider to our Practice Users we collect and analyze data related to our medical practice customers on their behalf. In this role, the Company is processing data upon instruction from such Customer, consistent with our service agreement and Business Associate Agreement with such Customer.

Some of the Personal Data received by the Company in connection with the Services may be provided by health care providers that are subject to laws and regulations, such as rules issued under the Health Insurance Portability and Accountability Act of 1996 (HIPAA) and Health Information Technology for Economic and Clinical Health Act of 2009 (HITECH), that govern providers’ use and disclosure of certain individually identifiable health-related Personal Data (“Protected Health Information”). When we receive Protected Health Information, we may do so as a “Business Associate” of our health care provider customers under an agreement that, among other things, prohibits us from using or disclosing the Protected Health Information in ways that are not permissible by the health care provider itself, and requires us to implement certain measures to safeguard the confidentiality, integrity, and availability of the Protected Health Information. When we act as a Business Associate, we may be subject to certain laws and regulations, including certain HIPAA rules that govern our use and disclosure of Protected Health Information and that may be more restrictive than otherwise provided in this Privacy Policy.

Service Providers and Business Partners: We may from time to time employ third parties to perform tasks on our behalf and we may need to share Personal Data with them to provide certain services. Unless we tell you differently, such third parties do not have any right to use the Personal Data we share with them beyond what is necessary for them to provide the tasks and services on our behalf. We currently engage third party companies and individuals employed by us to facilitate our Services, including the provision of maintenance services, database management, Web analytics and general improvement of the Services, and businesses who engage our Services (to the extent provided for above).

Business Transfers:

As we develop our business, we might sell or buy businesses or assets. In the event of a corporate sale, merger, reorganization, dissolution or similar event, Personal Data may be part of the transferred assets.

Related Companies:

We may also share your Personal Data with our Related Companies for purposes consistent with this Privacy Policy.

Agents, Consultants and Related Third Parties:

The Company, like many businesses, sometimes hires other companies to perform certain business-related functions. Examples of such functions include mailing information, maintaining databases and processing payments. When we employ another entity to perform a function of this nature, we only provide them with the information that they need to perform their specific function.

Legal Requirements:

The Company may disclose your Personal Data if required to do so by law or in the good faith belief that such action is necessary to (i) comply with a legal obligation, (ii) protect and defend the rights or property of the Company, (iii) act in urgent circumstances to protect the personal safety of users of the Services or the public, or (iv) protect against legal liability. The above may include exchanging information with other companies and organizations for fraud protection and spam/malware prevention.

Your Choices:

You can visit the Site without providing any Personal Data. If you choose not to provide any Personal Data, you may not be able to use certain Services. To “opt-out” of any consents previously given to us or receiving communications from us, send an e-mail to [email protected] or update your account settings. Notwithstanding this right to request to cease receiving communications from us, we retain the right to collect, maintain and process information provided by and collected about you on and through the Services, and disclose such information to comply with our reasonable business and legal obligations.

Retention:

We will keep Personal Data for as long as it remains necessary for the identified purpose or as required by law, which may extend beyond the termination of our relationship with you. We may retain certain data as necessary to prevent fraud or future abuse, or for legitimate business purposes, such as analysis of aggregated, non-personally-identifiable data, account recovery, or if required by law. Unless otherwise set forth in the applicable Terms of Use or a separate agreement with you governing the applicable Services, if you cease using such Service, we may retain or destroy, at our discretion, all Personal Data and non-personally identifiable information we collect through your use of such Service. All retained Personal Data will remain subject to the terms of this Privacy Policy (or an applicable Business Associate Agreement).

Exclusions:

This Privacy Policy does not apply to any Personal Data collected by the Company other than Personal Data collected through the Services. This Privacy Policy shall not apply to any unsolicited information you provide to the Company through the Services or through any other means. This includes, but is not limited to, information posted to any public areas of the Services, such as forums, any ideas for new products or modifications to existing products, and other unsolicited submissions (collectively, “Unsolicited Information”). All Unsolicited Information shall be deemed to be non-confidential and the Company shall be free to reproduce, use, disclose, and distribute such Unsolicited Information to others without limitation or attribution.

Children:

The Company does not knowingly collect Personal Data from children under the age of 13. If you are under the age of 13, please do not submit any Personal Data through the Services. We encourage parents and legal guardians to monitor their children’s Internet usage and to help enforce our Privacy Policy by instructing their children never to provide Personal Data on the Services without their permission. If you have reason to believe that a child under the age of 13 has provided Personal Data to the Company through the Services, please contact us, and we will endeavor to delete that information from our databases.

Links to Other Web Sites:

This Privacy Policy applies only to the Services and does not apply to the practices of companies that we do not own or control. The Services may contain links to other web sites not operated or controlled by the Company (the “Third Party Sites”). The policies and procedures we described here do not apply to the Third Party Sites. The links from the Services do not imply that the Company endorses or has reviewed the Third Party Sites. We suggest contacting those sites directly for information on their privacy policies.

Security:

The Company takes reasonable steps to protect the Personal Data provided via the Services from loss, misuse, and unauthorized access, disclosure, alteration, or destruction. However, no Internet or email transmission is ever fully secure or error free. In particular, email sent to or from the Services may not be secure. Therefore, you should take special care in deciding what information you send to us via email. Practice Users are encouraged not to email Protected Health Information to the Company unless prior arrangements have been made with the Company to ensure email is encrypted.

Other Terms and Conditions:

Your access to and use of the Services is subject to the Terms of Use at www.emotivohealth.com.

Changes to Company’s Privacy Policy:

The Services and our business may change from time to time. As a result, at times it may be necessary for the Company to make changes to this Privacy Policy. The Company reserves the right to update or modify this Privacy Policy at any time and from time to time without prior notice. Please review this policy periodically, and especially before you provide any Personal Data. This Privacy Policy was last updated on the date indicated above. Your continued use of the Services after any changes or revisions to this Privacy Policy shall indicate your agreement with the terms of such revised Privacy Policy.

Access to Information; Contacting Company:

To keep your Personal Data accurate, current, and complete, please contact us as specified below. We will take reasonable steps to update or correct Personal Data in our possession that you have previously submitted via the Services. As appropriate, any amended Personal Data will be transmitted to those parties to which we are permitted to disclose your information. Having accurate Personal Data about you enables us to give you the best possible service. In the event Personal Data relates to a Practice User’s patients, and we are providing services as a Business Associate, the terms of the Business Associate Agreement will dictate the manner in which we update, correct, or remove Personal Health Information. In the event there is a conflict between this Privacy Policy and the Business Associate Agreement, the Business Associate Agreement will control.

Please also feel free to contact us if you have any questions about the Company’s Privacy Policy or the information practices of the Services.