InfoMC Privacy Policy Notice

Effective Date: May 2020
Who does this policy affect?

This Privacy Policy applies to all visitors (“you,” or “your”) to, and users of, InfoMC, Inc.’s (“InfoMC,” “our,” “us,” or “we”) websites (“website”) and InfoMC services (collectively, “InfoMC products and services”).

By using our website, you agree to this Privacy Policy.
Why did we create this policy?

We collect information from and about users of InfoMC products and services. This Privacy Policy defines the types of information we may collect from you or that you may provide, and our practices for collecting, using, keeping, protecting, and sharing that information.

NOTE REGARDING PATIENT AND HEALTH INFORMATION

INFOMC PROVIDES PRODUCTS AND SERVICES TO EMPLOYEE ASSISTANCE PROGRAMS, ACCOUNTABLE CARE ORGANIZATIONS, INSURERS AND OTHER HEALTHCARE PROVIDERS (“COVERED ENTITIES”) WHICH MAY PROVIDE YOU WITH ACCESS TO THE INFOMC PRODUCTS AND SERVICES, OR MAY USE THE INFOMC PRODUCTS AND SERVICES INTERNALLY. TO THE EXTENT THAT YOU HAVE A RELATIONSHIP WITH A COVERED ENTITY, THE COVERED ENTITY’S INTERNAL USE MAY INVOLVE THE CREATIONS AND STORAGE OF PATIENT INFORMATION ABOUT YOU, INCLUDING PROTECTED HEALTH INFORMATION (“PHI”) WHICH MAY BE VIEWABLE BY INFOMC AND THE COVERED ENTITY. PLEASE NOTE THAT IF YOU ARE A PATIENT AND HAVE NOT CREATED AN ACCOUNT TO DIRECTLY USE THE INFOMC PRODUCTS AND SERVICES ON YOUR OWN BEHALF, THE COLLECTION, STORAGE AND USAGE OF YOUR PATIENT INFORMATION IS GOVERNED BY YOUR AGREEMENT WITH THE COVERED ENTITY AND IS NOT GOVERNED BY THE TERMS OF THIS PRIVACY POLICY. THIS PRIVACY POLICY IS ONLY INTENDED TO GOVERN INFOMC’S RELATIONSHIP WITH ITS DIRECT USERS.

The information we collect about you includes information about your health such as your medical history, age, health conditions you have, and laboratory test results (“Protected Health Information” or “PHI”). It also includes personal information such as your name, phone number, and home address (“Personally Identifiable Information” or “PII”). Please read the complete definitions of PHI and PII in the Terms and Definitions section at the end of this document.

It’s up to you to read and understand this policy.

Please read this Privacy Policy carefully to understand our policies and practices about your information and how we will treat it. If you do not agree with our Privacy Policy, you can choose not to use InfoMC products and services. By using our website, you agree to our Privacy Policy.

What kinds of data and information do we collect, and how do we collect it?

When you use InfoMC products and services, we may collect and use or share your PHI and PII, but only to the extent minimally necessary and in line with this Privacy Policy. You accept that we may collect this PHI and PII from you directly, or from third parties that share your PHI or PII with InfoMC. It is fully your choice whether to give PHI and PII through InfoMC products and services. If you choose not to give PHI or PII we need, you may not be able to use some features of InfoMC products and services.

Protected Health Information (PHI)

As used in this Privacy Policy, “Protected Health Information” means information related to your physical or mental health, such as:

  • Your medical history, family history, medical diagnosis, health background, and current health status
  • Age, gender, sexual behavior and sexual orientation
  • Demographic information, including race, ethnicity, marital status, salary, education, political, religious, and trade union information
  • Information related to the diagnosis and treatment of health conditions, over-the-counter and prescription medications, laboratory test results, and payments for treatment and health insurance information
  • Other information under an applicable law such as HIPAA or an equal State law covering the use or sharing of PHI and as defined by HIPAA
Personally Identifiable Information (PII)

As used in this Privacy Policy, “Personally Identifiable Information (PII)” means any information that may be used to identify you, such as your:

  • First and last name, age, and gender
  • Postal address, email address, telephone number, and other contact information
  • Certain health information
  • Other personally identifiable information under any law that applies, such as HIPAA or an equivalent State law covering the use or sharing of health information
Technical information

We may collect and use technical data (data from your device hardware or software) and related information (“Technical Information”), including but not limited to:

  • Technical information about devices you may receive such as manufacturer, service provider, IP address, operating system, browser type, and mobile number
  • System and application software and peripherals
  • Your interactions with InfoMC products and services, including automatically recording the dates and times of visits to InfoMC products and services, traffic data, and your search queries
We may gather Technical Information to:
  • Help software updates and product support
  • Improve InfoMC products and services
  • Measure the number of our users and how they use InfoMC products and services
  • Store information about your preferences, allowing us to customize our products and services to your interests
  • Speed up your searches and recognize when you return to our website and use InfoMC products and services

We may also automatically receive and record information on our server logs from your browser or mobile device, which could include your IP address, cookie information, browser information, and the pages you visit/request. InfoMC does not consider nor intend Technical Information to constitute PHI or PII. InfoMC may use Technical Information in any way it believes is proper and lawful.

The Privacy Policy applies to the following ways we collect data and information:
  • On our website
  • Through email, text, video, and voice communications between you and us and/or our partners
  • Through offline community activities and communications
  • From physicians, hospitals, clinics, schools, and any other organizations or groups that you give permission to share information with InfoMC
  • Through any or all of InfoMC’s products and services
Why does InfoMC need to collect my data and information?

InfoMC products and services exist to simplify your healthcare experience and help our business partners (health plans, direct service providers, and community partners) find qualifying participants. InfoMC’s exclusive software platform may connect to nationwide networks of community organizations and digital solutions for chronic disease prevention programs such as the Centers for Disease Controls’ National Diabetes Prevention Program, with technology that manages service referrals, reimbursements and payments; collects data; and simplifies enrollment while supporting greater participant engagement and choice.

To support this, we need to ensure that each user who gives Information (as defined below), clearly allows it to be used or shared. Your agreement to the terms of this Privacy Policy allows InfoMC to use or share your Information, whether we get it directly from you or, if applicable, from third parties you name.

How do we use your data and information?
We use your data and information:
  • To help give InfoMC products and services to you and on your behalf
  • To give you information, products, or services that you request from us
  • To contact you about our own and third-party products and services that may interest you
  • To give you notices and communications found suitable by us or your physician
  • To fulfill any other purpose that you may give the Information
  • To carry out our duties from any contracts we have entered related to you
  • To let you know about changes to the InfoMC Privacy Policy and InfoMC products and services
  • To allow you to join in interactive or educational features on our website
  • To obey any court order, law, or legal process, including responding to any government or regulatory request
  • If we believe sharing Information is needed to protect InfoMC’s rights, privacy, security, property, and access to information
  • In any other way we may define when you give Information
  • For any other purpose with your lawful consent
We collect and share only the data we need

Except as described in this Privacy Policy, PHI, PII, Technical information, Location-Based information, and Behavior Tracking information (collectively, “Information”) that you give or that we collect from third parties, will be kept private and used or shared only to the extent minimally necessary to support InfoMC products and services.

At all times, we will only use or share your PHI and PII to the extent minimally necessary for the intended use or disclosure. InfoMC maintains a “minimum necessary” policy that PHI and PII shouldn’t be used or shared when it is not necessary to satisfy a certain purpose or carry out a function. For more information you can read the full definition of “minimum necessary” in the Terms and Definitions section at the end of this document.

What are you agreeing to in this policy?

By using our website and/or the InfoMC products and services, you agree to our Privacy Policy.

When we have your consent, you accept that we may collect this PHI from you directly or from third parties that you may allow to share PHI with InfoMC. We may ask you or those third parties to give PHI about you that will allow us to enhance how we serve your needs and your use of InfoMC products and services. It is fully your choice whether you give PHI through InfoMC products and services. If you choose not to give the PHI we need, you may not be able to use some parts of InfoMC products and services.

You also give InfoMC a lasting, non-exclusive, transferable, sub-licensable, royalty-free license to use your Information and other data we collect to develop, create, and extract statistics and other information, and to use this information and de-identified data known as “blind data”.

Any blind data InfoMC collects or creates will be owned solely by InfoMC. This data may be used for any lawful business purpose without your consent if this data is not PHI or PII and doesn’t identify you as the source of such data.

What control do you have over your data and information?
Accessing and correcting your PHI and PII
  • You can review and, subject to applicable laws, change your PHI and PII by accessing InfoMC products and services using your user name and password.

We may not be able to carry out a request to change PHI and PII if we believe the change would violate any law or legal requirement or cause the information to be incorrect.

Choices you can make about how we may use or disclose your Information

We try to give you choices about your PHI and PII. We have created methods to give you control over your information. You can set your browser to refuse all or some browser cookies (described below), or alert you when cookies are being sent. If you disable or refuse cookies, please note that some parts of InfoMC products and services may not work.

We may use your PHI and PII to contact you about our own and third-party products and services that may interest you. The technologies we use for this automatic data collection may include:

  • Cookies (or browser cookies). A cookie is a small file placed on the hard drive of your computer. You may refuse to accept browser cookies by changing the settings on your browser (such as Safari, Internet Explorer, Firefox, and Chrome). However, by doing this, you may be unable to access certain parts of InfoMC products and services. Unless you have changed your browser settings to refuse cookies, our system will issue cookies when you direct your browser to our website.
  • Flash Cookies. A Flash cookie is similar to a browser cookie, but a program uses it instead of the browser. Certain features of our website may use Flash cookies to collect and store information about your preferences and navigation to, from, and on our website. Flash cookies are not managed by the same browser settings that are used for browser cookies.
We do not respond to Do Not Track signals in web browser software

Some web browsers (including Safari, Internet Explorer, Firefox, and Chrome) include a “Do Not Track” (“DNT”) or similar feature that signals to digital services that a visitor does not want to have any online activity tracked. This can block the digital service from collecting certain Information about the browser’s user. Not all browsers offer a DNT choice, and there isn’t a standard yet for DNT signals. For these reasons, we, and many other digital service operators, don’t respond to DNT signals.

Keeping your data and information secure
How we secure your information

We have applied commercially reasonable administrative, technical, and physical safeguards designed to protect your Information from illegal access, use or sharing. All Information you provide to us is stored with an approved cloud services provider. These safeguards include, without limitation, encrypting all PHI and PII; however please be aware that no transmission of information via the Internet can be completely secure. Although we do our best to protect your Information, we cannot guarantee the security of your Information transmitted to our website or the InfoMC products and services. Any transmission of Information is at your own risk. We are not responsible for circumvention of any privacy settings or security measures contained on the website or the InfoMC products and services.

What you can do to help secure your information

The safety and security of your Information also depends upon you. Where we have given you (or where you have selected) a user name and password to access InfoMC products and services, you are responsible for keeping this information private. It is in your best interest to not share your user name or password with anyone.

Please keep in mind that whenever you willingly share Information on message boards or other public forums and features, or through email or group messaging, that Information can be collected and used by others who you may or may not have given consent. By posting Information online that is publicly accessible, you may receive unwanted messages from other parties or reveal your location. We are not responsible for the security or privacy of any Information you choose to send outside the scope of InfoMC products and services.

Where is your data and information stored?

Information collected from you may be stored and processed in the United States or any other country in which InfoMC or its affiliates, subsidiaries, agents or contractors are located. If you are accessing InfoMC products or services from the European Union, or other regions with laws governing data collection and use, please note that you are agreeing to the transfer of your data to the United States, and processing globally. By giving your Information, you consent to any transfer and processing following this Privacy Policy.

Who is not covered by this policy?
Children under the age of 13

InfoMC neither designed nor intended its products and services to be accessed by children under the age of 13. No one under age 13 may provide any information to or through InfoMC products and services. If you are under age 13, do not give any information through InfoMC products and services. We do not intentionally collect Information directly from children under the age of 13 for InfoMC products or services.

We also do not collect any PHI from anyone under 18 unless clearly authorized under Federal and equivalent State law. No one under age 18 may give any health-related information through InfoMC products and services unless InfoMC confirms that sharing would follow applicable Federal or State laws.

If we learn we have collected or received PII or PHI from a child under age 13, we will delete that Information and take other appropriate measures.

Third-Party Products, Services and Technologies

We may provide links to third-party websites within InfoMC products and services. Such links may appear as a specific domain name or URL. Please be aware that other websites and services, including the websites of third parties that you connect with through InfoMC products and services, may collect PII about you. This Privacy Policy does not cover the information practices of those third-party websites, services, or applications and InfoMC cannot control and is not responsible for the information collection practices of any such websites, services or applications. We encourage you to carefully review the privacy policies, and any other legal notices on such websites before using or giving Information to them.

Physicians or other health care providers

Physicians or other health care providers, to the extent they are “Covered Entities” under HIPAA (as such term is defined in HIPAA), likely have their own privacy and security policies with respect to your PHI and PII. For more information about your rights under HIPAA, see https://www.hhs.gov/hipaa/index.html

How do we manage this policy?

All InfoMC websites will post this Privacy Policy. All users of InfoMC websites will get a prompt to review the InfoMC Website Privacy Policy and Notice. The Privacy Officer will review and update this policy at least once a year as may be necessary.

This policy may change. We will do our best to let you know if it does.

We may change this Privacy Policy from time to time, and while we will do our best to let you know of any changes, it is up to you to review this Privacy Policy over time. We consider your continued use of InfoMC products and services after we make changes as acceptance of those changes. Please check our Privacy Policy over time for updates. When we change the Privacy Policy we will also update the “Effective” date on the relevant document and may let you know directly or post a message on our website.

It is our policy to post any changes that we make to our Privacy Policy on this page and on our home page. If we make material changes to how we treat our users’ PHI or PII, we will let you know by emailing the primary email address you have provided, and/or through a notice on the home page of our website. The last revision date of our Privacy Policy is at the top of the page. It’s up to you to ensure we have an up-to-date active and deliverable email address for you, and to visit our website and this Privacy Policy for changes.

Who is in charge of this policy?

Our Privacy Officer is responsible for the development, revision, and update of this Privacy Policy.

Terms and definitions
  • Disclosure – The sharing, release, transfer, provision of access to, or divulging in any other manner of information to others outside the entity holding the information.
  • HIPAA – (United States Health Insurance Portability and Accountability Act of 1996) - two sections: HIPAA Title I deals with protecting health insurance coverage for people who lose or change jobs; HIPAA Title II includes an administrative simplification section which deals with the standardization of healthcare-related information systems. For more information, visit www.hhs.gov/ocr/privacy/.
  • HITECH Act (Health Information Technology for Economic and Clinical Health Act) – The HITECH (Health Information Technology for Economic and Clinical Health) Act of 2009 is legislation that was created to stimulate the adoption of electronic health records (EHR) and the supporting technology in the United States. The HITECH Act also expands the standards that aid in electronic exchange of health information nationally and provides incentives for covered entities that adopt Electronic Health Records (EHR).
  • Individual – shall mean the person who is the subject of the Protected Health Information or Personally Identifiable Information.
  • Information – All aspects of Protected Health Information, Personally Identifiable Information, Technical Information, Location-Based Information, and Behavior Tracking Information (collectively known as “Information”)
  • Minimum Necessary (Need to Know) – Minimum necessary , (or informally, need to know rule), is a protection of the HIPAA Privacy Rule. The InfoMC minimum necessary policy adheres to the current industry standard that PHI and PII should not be used or disclosed when it is not necessary to satisfy a particular purpose or carry out a function. The minimum necessary standard requires covered entities to evaluate their practices, and enhance safeguards as needed to limit unnecessary or inappropriate access to, and disclosure of, PHI and/or PII. When using or disclosing PHI and/or PII, or when requesting PHI and/or PII from another health care provider or health organization, InfoMC will limit the request to the minimum necessary to accomplish the intended purpose of the use, disclosure, or request. Minimum Necessary does not apply in the following circumstances:
    1. Disclosures by a health care provider for treatment (students and trainees are included as health care providers for this purpose).
    2. Uses and disclosures based upon a valid consent to use and disclose PHI and/or PII or treatment, payment and health care operations or a valid authorization to use and disclose PHI and/or PII.
    3. Disclosures made to the Secretary (or designee) of the United States Department of Health and Human Services, or any other State or Federal agency requesting disclosure under prevailing law.
    4. Uses and disclosures required by law or regulatory guidance.
    5. Uses and disclosures required by other sections of the HIPAA privacy regulations.
  • Personally Identifiable Information (PII)/ Protected Health Information (PHI)– Information that can be used on its own or with other information to identify, contact, or locate a single person, or to identify an individual in context including health information transmitted or maintained in any form or medium, including oral, written, and electronic. PHI relates to an individual’s health status or condition, furnishing health services to an individual or paying or administering health care benefits to an individual. Information is considered PII where there is a reasonable basis to believe the information can be used to identify an individual.