bing track

Privacy Policy

Effective Date: June 21, 2017

Modernizing Medicine, Inc. and its subsidiaries and affiliated companies, including gMed Inc. (“Modernizing Medicine” “we” or “us”), collect information from you when you visit and interact with the websites (“Sites”), mobile applications (“Apps”) and other online services (including our cloud-based electronic health records services and patient portals), in each case that we own and/or operate and that link to this Privacy Policy (collectively, the “Services”).

This Privacy Policy explains what information we collect, why we collect it, how we use it, and your choices related to your information. With respect to Protected Health Information and other information provided to us through our EHR Services and Patient Portals, we have entered into agreements with our health care provider customers (“Provider Customers”) that govern our use of the information (the “Customer Agreements”). These terms supplement the Customer Agreements with Provider Customers. However, to the extent that this Privacy Policy conflicts with any applicable Customer Agreement, the Customer Agreement will control. If you are a patient using a Patient Portal and have questions about treatment of your health-related information, you should check with your health care provider.

This Privacy Policy is incorporated into and made a part of the Terms of Use. Please review our Terms of Use because they govern your use of the Services and limit our liability to you. By using our Services, you agree that we may treat your information in the ways we describe in this Privacy Policy. If you do not agree with any term of this Privacy Policy or the Terms of Use, you must refrain from using our Services.

Please use the following links to jump to the different sections of this Privacy Policy:

What Information We Collect How We Collect Your Information How We Use Your Information Data Collection Technologies How We Share Your Information Special Terms Applicable to Modmed Store Your Choices; Interest-Based Ads Your California Rights Children’s Information Links to Other Sites How We Protect Your Information Note To International Visitors Changes To This Privacy Policy Contacting Us

WHAT INFORMATION WE COLLECT

When you access and use the Services, we may collect the following types of information from you:

  • Personal Information” is information that can be used to identify, contact or locate you. Examples of Personal Information include your name, address, email address, telephone number, employer, medical specialty and profession.
  • Protected Health Information” is personally identifiable health information that is protected by the Health Insurance Portability and Accountability Act of 1996 and its implementing regulations (“HIPAA”). As stated above, if you are a patient using a Patient Portal and have questions about treatment of your health-related information, you should check with your health care provider.
  • Location Information” is a subset of Personal Information that can be used to locate the device you use to access the Services. Location Information may include: (i) the location of the device derived from GPS or WiFi use; (ii) the IP address of the device or internet service used to access the Services, and (iii) other information made available by a user or others that indicates the current or prior location of the user. If you do not want us to collect Location Information from your device, please disable the location setting(s) on your device or delete the Apps. Please note that disabling the location setting may affect certain features of the Services and the Apps.
  • Usage Data” is information that we automatically collect about your use of the Services and your device. This type of information does not usually, by itself, uniquely identify an individual, and may include your IP address, web browser and operating system, device model and manufacturer, and your activity on the Services.

HOW WE COLLECT YOUR INFORMATION

When you use our Services, we collect the information you provide to us when you, for example:

  • Register with our Services
  • Request a demo or support
  • Contact us with inquiries and comments
  • Complete and submit forms offered on the Services
  • Apply for employment
  • Register for webinars or events
  • Shop from the ModMed Store
  • Access or use the Patient Portal
  • Enable the location services on your device.

We may also obtain information about you from other sources, including commercially available sources such as data aggregators, public databases and other third parties. For example, if you are on a third party website and you opt in to receive information from us, that website will forward your contact information to us so we may contact you as requested. We may combine this information with the information we collect from you to help us tailor our communications and improve our Services.

HOW WE USE YOUR INFORMATION

We may use your information in the following ways:

  • Provide you the Services and fulfill your requests. We may use your information to register you, administer your account, and provide you the information, products and services that you request. For example, we provide demos of our Services when you request them, respond to your questions when you contact us, assist with any problems you report about out Services and pass your information to third party suppliers when you shop from the ModMed Store.
  • Provide EHR Services to our Provider Customers. If you are a patient of a Provider Customer, we use your information in connection with provision of EHR Services to the Provider Customer.
  • Communicate with you. We may contact you to share information and promotional materials that we think might be of interest to you. You may unsubscribe from receiving marketing emails from us by emailing us at subscriptions@modmed.com or using the unsubscribe link included in the marketing email.
  • 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 our Services. Your information helps us improve the content and functionality of our Services. For example, we may use our users’ demographics, interests, and behaviors to create new features and content.

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 information as Personal Information in accordance with this Privacy Policy. We also may also anonymize your information or aggregate your information with other users of the Services (“Aggregate Information”). This Aggregate Information is not Personal Information, because it cannot be used to identify you, and may be used by us for any lawful purpose.

In addition to those purposes listed above, we may use your information for any other purpose disclosed to you at the time of collection.

DATA COLLECTION TECHNOLOGIES

We use cookies, pixel tags, log files, and other technologies (collectively, “Data Collection Technologies”) to help us provide the Services, tailor our content and enhance your online experience. Our Data Collection Technologies include:

  • Cookies. A cookie is a small file placed on your computer’s hard drive that collects and stores information about your equipment, preferences and browsing patterns. We use cookies to analyze web page traffic, usage patterns, and to tailor our Services to your individual interests. For more information about cookies, visit allaboutcookies.org.
  • 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 to record a user’s actions. We use web beacons to count users who have visited those pages, verify system and server integrity and for similar statistical measures.
  • Google Analytics. We use Google Analytics to helps us understand how users engage with our Services. Google Analytics uses cookies to track your interactions with our Services, then collects that information and reports it to us, without identifying individual users. This information helps us improve our Services so that we can better serve users like you. For more information on Google Analytics, visit support.google.com/analytics.

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, and to omit images (which will disable pixel tags). Note that the opt-out will apply only to the browser that you are using when you elect to opt out of advertising cookies. Please note, without cookies or pixel tags, you may not be able to take full advantage of all features of our 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 our Services, do not currently respond to web browser DNT signals because such signals are not yet uniform. For more information about DNT signals, please visit allaboutdnt.com.

HOW WE SHARE YOUR INFORMATION

We may share your information for the reason(s) disclosed to you at the time we collect it, with your authorization or consent, as well as in the following ways:

  • At Your Direction: We will share your information with third parties if and 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.
  • With our Affiliates, Business Units and Brands: We may share your information internally among our business units, brands, and our affiliates in order to provide you our Services, to provide EHR Services to the Provider Customers and generally to improve our product and service offerings.
  • With Vendors: We may share your information with our vendors (including third party hosting providers) that provide services on our behalf, such as for online account access, email marketing, advertising, promotions, newsletters, and hosting for the Services.
  • With Business Partners and Parties to Whom We Provide Services. We may share your information with our business partners and other third parties for whom we provide services in order to provide you our Services, to provide EHR Services to the Provider Customers and generally to improve our product and service offerings.
  • In the Event of a Corporate Transaction: In the event we go through a business transition, such as a merger, acquisition, divestiture, restructuring, reorganization, dissolution, bankruptcy or sale of all or a portion of our assets, we may disclose your information to the party or parties of 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 or when otherwise required by law, regulation, subpoena, or court order, or if necessary to protect our rights.

We may share Aggregate Information about our users in all legally permissible ways.

SPECIAL TERMS APPLICABLE TO MODMED STORE

Modernizing Medicine provides a service to its Provider Customers that allows: (i) the Provider Customers to maintain a listing of over-the-counter, non-prescription products (“OTC Products”) that the Provider Customer may recommend to its patients, (ii) upon patient authorization, provision of the OTC Products and related information to our public storefront website (the “ModMed Store”), and (iii) subsequently the ability for patients to purchase those products though the Amazon.com website. Modernizing Medicine makes an OTC Product list available through the ModMed Store. When Modernizing Medicine makes the OTC Product list recommended to you by the Provider Customer available on its website, Modernizing Medicine does not include any personally identifying information about you and does not include any other information from your medical record. However, because the website that will contain your OTC Product list is not an encrypted website that requires users to log-in, other people may be able to determine certain personal information about you and link it to your OTC Product list, including the following: HTTP referrer page; browser and device type and settings, software used, browser type and operating system, IP address (which may be used to determine geographic location); language; and the time of day that you were on the Internet. Further, Amazon.com may use cookies to track your activities on its website including the OTC Product list and other pages in Amazon.com and items you may view during your browsing session. You understand and agree that third persons may (A) receive access to your OTC Product list and (B) be able to link the foregoing personal information to your OTC Product list. You understand that once your physician practice and Modernizing Medicine discloses information as contemplated in this paragraph, they cannot guarantee that Amazon.com or any other recipients will not redisclose the information to third persons, and different terms may apply to treatment of such information. You may review Amazon.com’s privacy policy on its website.

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 each communication or by emailing us at subscriptions@modmed.com.
  • You may review and request changes to the Personal Information we have collected about you by contacting us at the information included in the Contacting Us section below.

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) non-identifiable information about your visits to and interactions with our 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 networkadvertising.org. You may manage your third-party advertising preferences by clicking here.

YOUR CALIFORNIA RIGHTS

California Civil Code Section 1798.83 gives California residents the rights to request certain information regarding our disclosure of their Personal Information to third parties for those third parties’ direct marketing purposes. We may share your Personally Identifiable Information with affiliated third parties, some of which do not share the name of Modernizing Medicine, for their own direct marketing purposes. You may request information regarding the disclosure of your Personal Information to third parties for those third parties’ direct marketing purposes by sending an email to: legal@modmed.com or writing us at:

Modernizing Medicine, Inc.
3600 FAU Boulevard, Suite 202
Boca Raton, Florida 33431
Attention: General Counsel
1-866-799-2146

CHILDREN’S INFORMATION

Modernizing Medicine respects the privacy of all online users, especially children. Our Services are not intended for use by or directed to children under 18 years of age. If you are under 18 years old or otherwise have not attained the age of majority in your state of residence, you must have your parent or other legal representative’s permission to use the Services. We, do not knowingly collect information, including personal information as defined by the Children’s Online Privacy Protection Act, from children under the age of 13. If you are a parent or guardian of a child under the age of 13 and believe he or she has disclosed personal information to us, you may contact us at legal@modmed.com to request that we delete and stop use of that information. If we learn that we have received any information directly from a child under age 13 without first receiving his or her parent’s verified consent, we will use that information only to respond directly to that child (or his or her parent or legal guardian) to inform the child that he or she cannot use the Services. We will then subsequently delete that child’s information.

LINKS TO OTHER SITES

Our Services may contain links to other sites that are not owned or controlled by us. Please be aware that we are not responsible for the privacy practices or content of such other sites. We encourage you to be aware when you leave our Sites. We encourage you to review the privacy policies of each and every website that collects Personal information as the privacy policy may differ from ours.

HOW WE PROTECT 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. You should 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. As a result, while we strive to protect your information, we cannot guarantee or warrant the security of any information you transmit to or from our Services.

NOTE TO INTERNATIONAL VISITORS

The Services are intended for use in the United States of America only. All matters relating to our Services are governed by the laws of the State of Florida in the United States of America. If you visit our Services or contact us from outside of the United States of America, please be advised that (i) any information you provide to us or that we automatically collect will be transferred to the United States of America; and (ii) that by using our Services or submitting information, you explicitly authorize its transfer to and subsequent processing in the United States of America in accordance with this Privacy Policy.

CHANGES TO THIS PRIVACY POLICY

We reserve the right to change or replace this Privacy Policy at any time. Please check back from time to time to ensure that you are aware of any changes or updates to the notice. We will indicate the Privacy Policy’s effective date at the top of this page. Your continued use of the Services after changes have been posted indicates your consent to and amended terms of the Privacy Policy.

If we make material changes that would impact your use of the Services, we will endeavor to notify you of the changes, such as by posting a notice directly on the Services, by sending an email notification (if you have provided your email address to us), or by any other reasonable method.

CONTACTING US

If you have any questions or comments about this Privacy Policy, please contact us at legal@modmed.com or by mail at:

Modernizing Medicine, Inc.
3600 FAU Boulevard, Suite 202
Boca Raton, Florida 33431
Attention: General Counsel
561-880-2998