Last Updated: July 1, 2023
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- WHAT INFORMATION WE COLLECT
- HOW WE COLLECT YOUR INFORMATION
- HOW WE USE YOUR INFORMATION
- DATA COLLECTION TECHNOLOGIES
- HOW WE SHARE YOUR INFORMATION
- YOUR CHOICES; INTEREST-BASED ADS
- BIOMETRIC DATA
- CALIFORNIA AND COLORADO RESIDENTS
- CHILDREN’S INFORMATION
- LINKS TO OTHER SITES
- PROTECTION OF YOUR INFORMATION
- NOTE TO INTERNATIONAL VISITORS
- CONTACTING US
- At ModMed, our mission is to transform how healthcare information is created, consumed, and utilized to increase practice efficiency and improve patient outcomes. As such, privacy is very important to us and we strive to be transparent in our collection and use of your information.
- When we use terms like “ModMed”, “we”, “our”, or “us”, we are talking about Modernizing Medicine, Inc. and its affiliates (including Modernizing Medicine Gastroenterology, Inc., Modernizing Medicine Billing Services, LLC, Modernizing Medicine Data Services, Inc., Modernizing Medicine Podiatry Systems, Inc., Exscribe, Inc., and Modernizing Medicine Retail Solutions, Inc.). Also, when we talk about the “Services”, we are talking about all of our products and services, such as our websites (“Sites”), mobile applications (“Apps”), cloud-based or licensed on-premise electronic health records systems, including our Electronic Medical Assistant® or EMA® and gGastro® systems and associated systems such as practice management systems (collectively, “Systems”), our reminder and other text messages services, self-service user portals, patient portals, etc.
WHAT INFORMATION WE COLLECT
When you access and use the Services, we may collect the following types of information from you:
- “Location Information” is a type of Personal Information that can be used to locate the device you use to access the Services. Location Information includes (i) the location of the device derived from GPS or Wi-Fi use, (ii) the IP address of the device or internet service used to access the Services, and (iii) any other information you or others make available that indicates your current or prior location.
- “Usage Data” is information that we automatically collect about your use of the Services and your device, such as your IP address; your device’s MAC address, web browser, operating system, device model and manufacturer; performance issues; or your activity on the Services. Usage Data is generally not Personal Information, but may be in some instances.
- “Protected Health Information” is individually identifiable health information that is protected by the Health Insurance Portability and Accountability Act of 1996 and its implementing regulations (“HIPAA”). See the definition of Personal Information above for more information on the treatment of Protected Health Information.
HOW WE COLLECT YOUR INFORMATION
- We collect the information you give to us, such as when you:
- Contact us (e.g., to request a demo or support),
- Register with, apply for, access, or use the Services, including when you submit information on the Services,
- Visit our offices,
- Apply for employment, or
- Register for or attend webinars, conferences, or other events.
- We automatically collect some information when you use the Services, such as Usage Data and when you enable the location services on your device when using the Services. With your consent, we may also collect information from certain native applications on your device (such as your device’s camera and photo album) to facilitate your use of certain features of the Services. If you do not want us to collect Location Information from your device, please disable the location setting(s) on your device or, if you are using an App, delete the App. Please note that disabling the location setting on your device may affect certain features of the Services.
- We may also obtain information about you from other sources, including the Internet and other publicly-available sources and databases, data aggregators, marketing companies, and other third parties. For example, if you are on a third-party website and request information from us, that website will send us your contact information. We may combine this information with the information you give us to help us tailor our communications or improve the Services.
- You are not required to provide us with any Personal Information that we request from you. However, failure to provide such information may limit what we are able to do for you. For example, refusing to provide your email address may prevent us from providing you with important information about our Services.
HOW WE USE YOUR INFORMATION
- We may use your information for the following purposes:
- Provide You the Services and Fulfill Your Requests. We may use your information to verify your identity, register you, underwrite you as part of your application for payment processing services, administer your account, consider you for employment, or provide you the information, products, and services that you request. For example, we provide demos of the Services when you request them, respond to your questions when you contact us, assist with problems you report about the Services, or, if you visit one of our locations, we collect your name and other identifying information for purposes of security and visitor management.
- Provide Services to Our Providers. If you are a patient of a Provider, we use your information when providing the Services to the Provider.
- Communicate with You. We may use your information to try to identify if you may be interested in any of the Services or our business partners’ products and services. If we think something may interest you, we may send you information and promotional materials. You may unsubscribe from receiving marketing emails from us by or using the unsubscribe link included in marketing emails or emailing us at firstname.lastname@example.org.
- Enhance Your Experience. We use your information to personalize and enhance your experience when you use the Services, such as tailoring content and advertising and remembering your preferences.
- Improve the Services. Your information helps us improve the content and functionality of the Services. For example, we may (i) use our users’ demographics, interests, or behaviors to create new features and content, (ii) recreate or replay a user session to improve the user experience and to support the Services, or (iii) use your information if there is a Service performance issue.
- In the Event of a Business Transaction: If we are exploring or go through a business transition or financial transaction, such as a merger, acquisition, divestiture, restructuring, reorganization, dissolution, bankruptcy, securities offering, or sale of all or a portion of our assets, we may use your information in connection with exploring or concluding such transaction.
- For Legal Purposes: We will use your information when we think it is necessary to investigate or prevent actual or expected fraud, criminal activity, injury or damage to us or others; when otherwise required by law, regulation, subpoena, court order, warrant or similar legal process; or if necessary to assert or protect our rights or assets.
- We may link Usage Data to the Personal Information we have collected about you. If we link this Usage Data to your Personal Information, we will treat such linked Usage Data as Personal Information.
- We may also de-identify your information or aggregate your information with other users of the Services (“De-Identified Information”). This De-Identified Information is not Personal Information because it cannot be used to identify you, and may be used by us for any lawful purpose.
- Additionally, we may use your information for any other reason we tell you (i) when we collect it, (ii) in a Transaction Document, or (iii) in an authorization or consent.
DATA COLLECTION TECHNOLOGIES
- Web Beacons. A web beacon (also referred to as clear gif, pixel tag or single-pixel gif) is a transparent graphic image used in tandem with cookies that enables us, our vendors, and our other business partners to record a user’s actions. We use web beacons to count and track users who have visited those pages, verify system and server integrity, for advertising, and for other statistical measures.
- User Experience and Support Products. We use third-party products that track and recreate or replay user experiences using the Services. We use these products to improve the Services and to provide support for the Services.
- You can set your Internet browser settings to stop accepting new cookies, to receive notice when you receive a new cookie, to disable existing cookies, or to omit images (which will disable any pixel tags that may be included in them). Note that the opt-out will apply only to the browser that you are using when you elect to opt out of cookies. Please note, without cookies or pixel tags, you may not be able to take full advantage of all features of the Services.
- Some web browsers incorporate a “Do Not Track” feature (“DNT”) that signals to the websites that you visit that you do not want to have your online activity tracked. Many websites and applications, including the Services, do not respond to web browser DNT signals. For more information about DNT signals, please visit allaboutdnt.com.
HOW WE SHARE YOUR INFORMATION
- We may share your information (i) for the reasons we tell (a) you when we collect it, (b) in a Transaction Document, or (c) in an authorization or consent, or (ii) in the following ways:
- At Your Direction: We may share your information with third parties when you direct us to. For example, if you request that we share your information with one of our business partners to take advantage of a feature that partner offers, we will share your information with that business partner.
- Internally: We may share your information internally (e.g., with our affiliates) in order to provide you the Services, to provide the Services to the Providers, to offer you or the Providers other Services, and to improve our Services or develop new ones.
- With Our Customers: We may share your information with our customers when we provide the Services. For example, if you are a patient using the Services, we will provide your information to your Providers. If you post information to our “user forums” available on our Sites, any information you provide may be read, collected, and used by other customers or third parties that have access to the forum.
- With Our Service Providers or Contractors: We may share your information with our service providers or contractors (including third-party hosting providers) that we use to provide the Services or that provide services to us, such as for online account access, email marketing, advertising, promotions, newsletters, notices and other communications, or that assist us in monitoring, improving, and hosting the Services. Such service providers or contractors may contact you regarding their products and services.
- With Business Partners: We may share your information with our business partners in order to offer or provide you with the Services or our business partners’ products and services, to identify if you may be interested in any of the Services or our business partners’ products and services, or to improve or develop new Services or business partners’ products or services. Our business partners may contact you regarding their products or services.
- In the Event of a Business Transaction: If we are exploring or go through a business transition or financial transaction, such as a merger, acquisition, divestiture, restructuring, reorganization, dissolution, bankruptcy, securities offering, or sale of all or a portion of our assets, we may disclose your information to a party or parties in connection with exploring or concluding such transaction.
- For Legal Purposes: We will disclose your information when we think it is necessary to investigate or prevent actual or expected fraud, criminal activity, injury or damage to us or others; when otherwise required by law, regulation, subpoena, court order, warrant or similar legal process; or if necessary to assert or protect our rights or assets.
- We may share De-Identified Information in all legally permissible ways.
YOUR CHOICES; INTEREST-BASED ADS
- We encourage you to communicate your preferences to us about how we use your information.
- You may opt-out of receiving marketing communications from us by following the instructions included in such a communication or by emailing us at email@example.com. Please allow us ten (10) business days from when the request was received to complete the removal. If you opt out, we may still send you non-marketing communications, such as those about your account or our ongoing business relationship.
- We may use third-party service providers to serve advertisements on our behalf across the Internet. These advertising service providers may collect (through the use of Data Collection Technologies) information about your visits to and interactions with the Services. In addition to the information about your visits to our Site, our service providers may also use the information about your visits to other websites to target advertisements for products and services available from us. If you would like more information about this practice and to know your choices for not having this information used by third-party service providers, please visit the Network Advertising Initiative’s website here.
- Some features of our Apps may require access to certain native applications on your mobile device, such as the camera and photo storage applications (e.g., to take and upload photos and videos). If you decide to use these features, we will ask you for your consent prior to accessing the applications and collecting information. Note that you can revoke your consent at any time by changing the settings on your device.
- Depending on your device settings, we may send promotional and non-promotional push notifications or alerts to your mobile device. You can deactivate these messages at any time by changing the notification settings on your mobile device or within our Apps.
- Residents of certain states, such as California and Colorado, may have additional Personal Information rights and choices, as further described in the U.S. State Privacy Law Supplemental Notice.
- If you are a medical provider and use your device microphone to record your voice in connection with the Systems, such as using the Speech-to-Text Module in EMA®, your recording and voiceprint may be collected by ModMed’s dictation service provider or other third parties as described in the Transaction Documents. Your voiceprint may be used to transcribe text for a patient’s medical record, to improve the dictation feature, or for other purposes described in the Transaction Documents and the Services.
CALIFORNIA AND COLORADO RESIDENTS
LINKS TO OTHER SITES
PROTECTION OF YOUR INFORMATION
The security of Personal Information is important to us. We use reasonable safeguards aimed to protect against unauthorized use, disclosure, alteration or destruction of the Personal Information we collect and maintain. Although we strive to protect your Personal Information, we can’t guarantee the security of any information you transmit to or from the Services or that unauthorized use, disclosure, alteration, or destruction or some other data breach will not occur. Please keep in mind, however, that no data transmitted over the Internet is 100% secure and any information disclosed online can potentially be collected and used by parties other than the intended recipient.
NOTE TO INTERNATIONAL VISITORS