Healthcare On Demand, Inc. and Ortho On Demand, P.C. (collectively "Ortho Care On Demand", "we", "us", or "our") know that you, our users, care about how your personal information is used and shared, and are committed to respecting your privacy and recognizing your need for appropriate protection and management of the information you share with us.
Ortho Care On Demand operates the website located at www.orthocareondemand.com and other related websites or applications with links to this Terms of Use (collectively, the "Website"). The Website allows any individual who utilizes the Website to obtain limited non- emergency or urgent orthopedic services from on-call orthopedists ("Orthopedists" or "Orthopedic Groups") at a suitable medical office (the "Services"). This Privacy Policy sets forth the practices of Ortho Care On Demand concerning information obtained by and through your use of the Website and information provided to the Orthopedic Groups in connection with the Services. The purpose of this Privacy Policy is to explain the types of information Ortho Care On Demand obtains about users of our Website, how the information is obtained, how it is used, how it is disclosed, how you can get access to this information, and the choices you have regarding our use of, and your ability to review and correct, the information. By using the Website and/or the Services, you are accepting and consenting to the use of your information as described in this policy. Ortho Care On Demand will not accept any Personally Identifiable Information ("PII") or Health Information from you prior to providing you with this Privacy Policy. Please review this Policy carefully.
This Privacy Policy applies only to Ortho Care On Demand's Website and Services and becomes effective as soon as you use the Website. Any medical services rendered by any independent Orthopedist are subject to that particular Orthopedist's or associated Orthopedic Group's own privacy standards or policies.
1. Definitions.
To "Enroll" is to register for the Website or subscribe to our Services. "You" or a "user" refers to any individual who utilizes the Website or Enrolls with Ortho Care On Demand. "Personally Identifiable Information" or "PII" means information about you that is personally identifiable to you, such as your name, mailing address, email address, telephone number, or credit card information. PII may also include personally identifiable health or medical information "Health Information" or "PHI". "Orthopedic Group" means an independent medical practice contracting with Ortho Care On Demand to provide medical services to users and also includes Ortho Care Demand, P.C. when it provides Services. An "Initial Exam" means an orthopedic assessment of a User's condition, x-rays (if necessary), primary interventions and any other medical services, treatment or care necessary to stabilize the User's injury.
2. Personally Identifiable Information We Collect From You.
When you Enroll, we collect PII from you, including Health Information provided when you make a request to be connected with an Orthopedic Group, which may provide an Initial Exam. We also collect PII when you create a profile, comment on articles, or complete surveys.
The information that we collect varies depending upon how you use the Website. It may include your name, age, email address, username, password, and other registration information when you Enroll. You will also need to provide us with Health Information that a physician will need to determine whether he/she is willing to provide medical services to you. This may include information or records relating to your medical or health history, health status and laboratory testing results, diagnostic images, and other health related information. That information will be associated with your profile.
Any PHI that you provide through the Website briefly describing your symptoms (or those of any minor for whom you request Services) will be sent to an independent Orthopedic Group and Orthopedist, if available, to be used for treatment for the Initial Exam, and other health care operations. Ortho Care On Demand will transmit any Health Information describing your symptoms (or that of any minor for whom you are requesting Services) to any independent Orthopedic Group in a secured electronic transaction. Ortho Care On Demand may also collect PHI from such Orthopedist or Orthopedic Group regarding the type of Services sought or treatment required. Ortho Care On Demand will not use any PHI for any other purpose other than treatment, payment or healthcare operations without your written authorization, unless authorized or required by law. You may revoke, in writing, any such authorization at any time, except to the extent Ortho Care On Demand has taken action in reliance thereon. Healthcare On Demand, Inc. will not have any independent access to an independent Orthopedic Group's detailed health record, if any, created as a result of an Initial Exam.
3. Publicly Accessible Information.
Please keep in mind that the Website includes certain features which provide an opportunity for you to interact with us and others. These may include publicly accessible forums, message boards, and comments on articles. You should be aware that any information you submit, including your name, location, health issues, and email address, may be publicly available to others. We do not protect the privacy of and are not responsible for your disclosure of any information through these interactive features, including, but not limited to information that you might post related to a minor. Also, whenever you voluntarily disclose anyone's personal information on publicly-viewable web pages, that information can be collected and used by others. For example, if you post your email address, you may receive unsolicited messages. We cannot control who reads your posting or what other users may do with the information that you voluntarily post, so we encourage you to exercise discretion and caution with respect to information you choose to disclose through these interactive features. When an individual chooses to post information that will be publicly disclosed, he or she is responsible for all legal consequences. We are not responsible under any data protection laws for-information that you voluntarily post on a site that can be accessed by others.
4. Compliance With Privacy Laws.
Healthcare on Demand, Inc. is not a "covered entity" under the Health Insurance Portability and Accountability Act of 1996 ("HIPAA"), but may be a business associate under HIPAA to each Orthopedic Group, each of which may be a covered entity. In accordance with our commitment to maintaining the highest standards of privacy and security, our privacy practices have been developed in a manner consistent with the principles of HIPAA.
Furthermore, this policy is intended to comply with the Confidentiality of Medical Information Act ("CMIA"), Patient Access to Health Records ("PAHRA") and the California Online Privacy Protection Act of 2003 ("CalOPPA").
5. Children under age 18.
WE DO NOT KNOWINGLY ENROLL OR COLLECT INFORMATION DIRECTLY FROM CHILDREN UNDER THE AGE OF EIGHTEEN.
6. Other Information We Collect.
As you use the Website, certain information may be passively collected, including:
Site Activity Information.
We may keep track of some of the actions you take on the Website, such as the content of searches you perform on the Website.
Non-Personally Identifiable Information.
We may also collect Non-Personally Identifiable Information that is not Health Information in the form of statistics and information regarding the Website user's statistics and metrics obtained from third party devices. Additionally, we may request optional information as part of your profile so that you can fully enjoy the features and functions of the Website, such as your weight, height, and gender.
Cookies.
Our Website may use cookies and other technologies to collect information. Cookies are small bits of information that our websites place on the hard drive of your computer. We may use cookies to facilitate your login processes; allow you to personalize and store your settings; collect usage information; determine our total audience size and traffic; and help us improve our sites by measuring which areas are of greatest interest to users. We presently do not honor "Do Not Track" requests across all part of the Website.
Access Device and Browser Information.
When you access the Website from a computer or other device, we may collect anonymous information from that device, such as your Internet protocol address, browser type, connection speed and access times (collectively, "Anonymous Information").
Web Beacons.
We may also use web beacons (invisible images often referred to as pixel tags or clear GIFs) in order to recognize users and assess traffic patterns, and we may include web beacons and cookies in our email messages in order to count how many e-mail messages have been opened.
Mobile Device Information.
Your use of the Website may also include collection of information from your mobile device. For example, the Website may request your permission to collect location data and/or may request access to multimedia (photos or videos) stored on your mobile device. Such data is not required for participation in activities through the Website, and you have the option of declining collection of geolocation data. Multimedia will only be collected from your device if you affirmatively select it to upload to the application (i.e. you choose an image or video to store within the Website).
7. How We Use Your Information
Subject to this Ortho Care On Demand Privacy Policy, the Terms of Use, and applicable terms and conditions of third-party applications, all data transmitted through the Website is owned by Ortho Care On Demand; provided, however, that Health Information that you provide for the purpose of scheduling an Initial Exam with an independent Orthopedic Group will be solely owned by the Orthopedic Group. To the extent Ortho Care On Demand is precluded from owning data transmitted through the Website, you grant Ortho Care On Demand a perpetual, worldwide, royalty-free license to use such data (with the exception of Health Information) to the extent necessary to enable use of the Website and Services. Generally, we may use information in the following ways:
- To provide you with the Services.
- To fulfill any other purpose for which you provide us Personal Information.
- To communicate with an independent Orthopedic Group and Orthopedist.
- To send you information about your relationship or transactions with us.
- To notify you about our products, services, and special offers, except that Ortho Care On Demand will not use Health Information for marketing purposes without your prior written consent for yourself or your minor child.
- To otherwise contact you with information that we believe will be of interest to you.
- To enhance or develop features, products and services.
- To provide advertisers and other third parties with de-identified aggregate information about Website users and Website usage patterns.
- To allow other select companies to send you promotional materials about their products and services, provided that no personally identifiable Health Information will be used for this purpose without your prior written consent.
We use non-Personally Identifiable Information for purposes such as measuring the number of users of various features of the Website, making the Website more useful to users and delivering targeted advertising and non-advertising content. We may also use Non-Personally Identifiable Information (for example, statistics regarding use and metrics) for research purposes, for marketing and promotional purposes, and to develop new learning tools and solutions and we may share such information with third parties, including researchers and/or advertisers, on an aggregate and anonymous basis.
You acknowledge that unless you request in writing otherwise, Ortho Care On Demand, in its sole discretion, has the right but not the obligation to store any information, whether Personally Identifiable Information or otherwise, perpetually, to the extent permitted by law. If you wish for any information about you to be removed from our database, please contact us through the contact information provided below in the "How to Contact Us" section of this Privacy Policy. We will not use your Health Information for any purpose other than to provide you with the Services and/or customer support services you request from us, except as described above or as permitted by law.
8. How We May Disclose Your Information.
Except as otherwise described in this Privacy Policy, or if we inform you otherwise at the time of data collection and receive your consent where required, we will not sell, trade, or share your information with third parties. We may share your Personal Information as follows:
With Orthopedic Groups and Orthopedists:
We may share the PII that you provide when you Enroll with the independent Orthopedic Group and Orthopedist who provide the Services. The physician may contact you via telephone prior to accepting your request, to ensure that that they are equipped to handle your medical case. The physician's treatment of your information is subject to the physician and Orthopedic Group's own policies and procedures. Any Health Information that we collect from you will be kept private and secure, as required by law.
With Subsidiaries and Affiliates:
We may share your PII with affiliated companies and businesses, provided that your Health Information will not be shared for any marketing purposes without your prior written consent.
With Contractors and Service Providers:
We may use other companies to perform services including, without limitation, facilitating some aspects of our Website such as processing credit card transactions sending emails, and fulfilling purchase requests. These other companies may be supplied with or have access to your PII or PHI, solely for the purpose of providing these services to you on our behalf. Such service providers shall be bound by appropriate confidentiality and security obligations, which may include, as applicable, business associate contract obligations.
With Business Partners:
When you make purchases or engage in promotions offered through our Website, we may share PII, but not your Health Information with the businesses with which we partner to offer you those products, services, and promotions. When you accept a particular business partner's offer, you authorize us to provide your information to that business partner.
With other Service Providers:
We occasionally will share, on an anonymous basis, information and data on Website users with third party providers who provide targeted services, such as advertising or data analysis on our behalf. This sharing of information does NOT include any PII or PHI.
Special Circumstances:
We also may disclose your PII:
- In response to a subpoena or similar investigative demand, a court order, or other request from a law enforcement or government agency where required by applicable law.
- When disclosure is required or authorized by law in connection with efforts to investigate, prevent, or take other action regarding illegal activity, suspected fraud or other wrongdoing; to protect and defend the rights, property or safety of our company, our users, our employees, or others; to comply with applicable law or cooperate with law enforcement; or to enforce our Website's terms and conditions or other agreements or policies.
- In connection with a corporate transaction, such as the sale of all or a portion of our business, a divestiture, merger, consolidation, or asset sale, or in the event of bankruptcy, as required or allowed by law.
9. How to Access or Update Your Information.
You have the ability to review and update your personal information, including PHI that Ortho Care On Demand may handle for you through the Website. You can also review and update your personal information or medical information by contacting us at the email address provided below in the "How to contact us" section of this Privacy Policy.
10. How We Keep Your Information Secure.
We use commercially reasonable administrative, technical, and physical measures to safeguard PII and PHI in our possession against loss, theft and unauthorized use, disclosure or modification. We follow generally accepted industry standards to protect the information submitted to us, both during transmission and once we receive it. However, please be aware that no data transmission over the Internet or data storage facility can be guaranteed to be perfectly secure. Therefore, while we strive to make all reasonable efforts to use commercially acceptable means to protect your personal information, we cannot guarantee its absolute security. In the unlikely event of a data breach, you will be notified as soon as reasonably possible, in accordance with applicable law. Furthermore, we are not responsible for any breach of security or for any actions of any third parties that receive the information, including without limitation any breach of security or for any actions of an Orthopedic Group or Orthopedist.
11. Changes To Our Privacy Policy.
This Privacy Policy may be revised from time to time. Any revisions that change the way we collect or use your PII or PHI will be posted in this Privacy Policy and the effective date will be noted at the end of the Privacy Policy. You should review it periodically so that you are up to date on our most current policies and practices. Continued use of the Website following notice of such changes will indicate your acknowledgement of such changes and agreement to be bound by the terms and conditions of such changes.
12. Children's Online Privacy Protection Act.
We support and comply with the Children's Online Privacy Protection Act (COPPA) and we do not knowingly collect information from children under the age of 18, nor do we share such information with third parties. Children under the age of 18 may not use the Website. If you seek Services for a minor, you will be responsible for providing information related to the minor and for paying for Services requested for the minor.
13. Information You Provide To Third Parties.
This Privacy Policy applies only to information we collect through the Website and in email, text, and other electronic communications sent through or in connection with the Website. Our Website may contain links to websites or applications operated and maintained by third-parties, over which we have no control. Privacy policies for these third-party sites and applications may be different from our Privacy Policy. You access these third-party sites and applications at your own risk. You should always read the privacy policy of a linked site or applications before disclosing any personal information on such site and/or through such applications. Ortho Care On Demand is not responsible for information you submit to third-parties.
14. How to Contact Us.
If you have any questions, comments or concerns about our Privacy Policy, you may
contact us at support@orthocareondemand.com or by
writing a letter to:
Ortho Care On Demand, P.C., 11710 Wilshire Blvd, Los Angeles, CA 90025.
15. Violations.
If you believe that Ortho Care On Demand has violated your privacy rights, you should contact us at the mailing address or e-mail address provided above. If you believe that an independent Orthopedic Group or physician has violated your privacy rights regarding medical information, you should contact the Orthopedic Group directly. You may also file a complaint with the government. See http://oag.ca.gov/contact/consumer-complaint-against-business-or-company for more information.
16. Effective Date.
This Privacy Policy is effective as of March 1st, 2017.
Last updated on February 19th, 2018.