Clearwave Mobile App Privacy Policy

Last modified: March 11, 2024

Introduction

Clearwave, Inc. ("Company" or "We") respects your privacy and is committed to protecting it through our compliance with this policy. This policy describes:

·         The types of information we may collect or that you may provide when you upload, install, register with, access, or use the mobile web responsive app, schedule an appointment and check in for any linked service provider appointment, perform a walk-in check in for one of these providers, or pay a balance owed to a provider and continuation of care for referring providers each of the foregoing while using either Clearwave’s Mobile Pre-Check system Pre-Check (“Mobile Portal” or “Portal” and collectively the “App”) or when you use any other Clearwave services accessed through or related to any of the foregoing (“Services”), and our practices for collecting, using, maintaining, protecting, and disclosing that information.

·         Our practices for collecting, using, maintaining, protecting, and disclosing that information.

This policy applies only to information we collect in the App, and in email, text, and other electronic communications sent through or in connection with the App.

This policy DOES NOT apply to information that:

·         We collect offline or on any other Company or third-party apps or websites, including Clearwave unaffiliated websites you may access through this App.

·         You provide to or is collected by any third party (see Third-Party Information Collection).

Our websites and apps, and these other third parties have their own privacy policies, which we encourage you to read before providing information on or through them.

You may provide your information to a medical provider that will share your information with us upon your consent.  Your sharing of information through your medical provider is subject to this policy and may also be subject to policies maintained by your medical provider. The policies are meant to be read in conjunction with each other.  However, in relation to our use of your information within the App this policy shall govern. 

Please read this policy carefully to understand our policies and practices regarding your information and how we will treat it. If you do not agree with our policies and practices, do not download, register with, or use this App. By downloading, registering with, or using this App, you agree to this privacy policy. This policy may change from time to time (see Changes to Our Privacy Policy). Your continued use of this App after we revise this policy means you accept those changes, so please check the policy periodically for updates.

Children Under the Age of 16

The App is not intended for children under 16 years of age, and we do not knowingly collect personal information from children under 16. If we learn we have collected or received personal information from a child under 16 without verification of parental consent, we will delete that information. If you believe we might have any information from or about a child under 16, please contact us at HERE.

Information We Collect and How We Collect It

We collect information from and about users of our App including your Patient Record (as defined below):

·         Directly from you when you provide it to us.

·         Automatically when you use the App.

·         Through your medical provider that populates the App with your personal information for use of the App as requested or authorized by you.

Personal information does not include your personal information that has been de-identified, pseudonymized, anonymized, aggregated, and/or otherwise processed so as to be unidentifiable in such a way that the data can no longer be attributed to a specific individual (by reasonable means) without the use of additional information, and where such additional information is kept separate and under adequate security to prevent unauthorized re-identification of a specific individual such that one could not, using reasonable efforts, link such information back to a specific individual (collectively, all of the foregoing in this sentence being referred to as “de-identified personal information”). The Portal also may be utilized by your medical provider or yourself to track and manage patient visits, services and account information (collectively, the “Patient Record”).  Your Patient Record may also include clinical data for past medical visits and limited medical history collected as part of the ‘pre-check’ process if required by your medical provider.

 

Information You Provide to Us 

When you download, register with, or use this App, we may ask you provide information:

·         By which you may be personally identified including your Patient Record and information such as name, postal address, email address, telephone number, date of birth, emergency contact, business mailing and email addresses and any other identifier by which you may be contacted online or offline if you provide it to us ("personal information").

·         That is about you but individually does not identify you, such as race, gender, ethnicity, preferred language and other nonspecific information as requested by covered entities

This information includes:

·         Information that you provide by filling in forms in the App. This includes information provided at the time of registering to use the App and subscribing to or using our Services. We may also ask you for information when you report a problem with the App or if you authorize your medical provider to share additional information with us.

·         Records and copies of your correspondence (including email addresses and phone numbers), if you contact us.

·         Your provider visits and scheduling information if you use certain of our Services.

·         Other information that is provided to us by your medical provider as authorized or requested by you.

Information We Receive as a Business Associate

Healthcare providers that use our App and Services are subject to laws and regulations governing the use and disclosure of information that is considered “Protected Health Information” or “PHI” under the Health Insurance Portability and Accountability Act of 1996 and the regulations promulgated thereunder (“HIPAA”) and the Health Information Technology for Economic and Clinical Health Act of 2009 and the regulations promulgated thereunder (“HITECH”). If your healthcare provider uses our App or our Services, upon your request or with your consent, your healthcare provider may share information about you, including your personal information and/or PHI, with us in accordance with and subject to your healthcare provider’s privacy policy and practices. With regard to such information, we will comply with the applicable provisions of HIPAA and HITECH, to the extent such privacy laws are applicable to us as a “Business Associate” of a “Covered Entity” (as defined by HIPAA and HITECH). We will only collect, use, and disclose such information as permitted by the terms of the business associate agreement between us and your healthcare provider, in accordance with any instructions or restrictions provided to us by your healthcare provider, and as described in this Privacy Policy. If you have any questions about your personal information and/or PHI that your healthcare provider may have shared with us, including any requests to review, access, correct, and/or delete your personal information and/or PHI, please contact your healthcare provider directly.

 

Automatic Information Collection  

When you download, access, and use the App, it may use technology to automatically collect:

·         Usage Details. When you access and use the App, we may automatically collect certain details of your access to and use of the App, including traffic data, logs, and other communication data and the resources that you access and use on or through the App.

·         Device Information. We may collect information about your mobile device and internet connection, including the device's unique device identifier, IP address, operating system, browser type, mobile network information, and the device's telephone number.

·         Stored Information and Files. The App also may access metadata and other information associated with other files stored on your device. This may include, for example, photographs, audio and video clips, personal contacts, and address book information.

·         Location Information. This App does not real-time information about the location of your device.

If you do not want us to collect this information do not download the App or delete it from your device. For more information, see the remainder of this notice with respect to additional actions you may take to opt-out of certain collection of information. Note, however, that opting out of the App's collection of certain information will disable applicable features.

 

Information Collection Technologies

The technologies we use for automatic information collection may include:

·         Cookies (or mobile cookies). A cookie is a small file placed on your smartphone. It may be possible to refuse to accept mobile cookies by activating the appropriate setting on your smartphone. However, if you select this setting you may be unable to access certain parts of our App.

Third-Party Information Collection

When you use the App or its content, certain third parties may use automatic information collection technologies to collect information about you or your device. These third parties may include:

·         Analytics companies;

·         Search engine date aggregators;

These third parties may use tracking technologies to collect information about you when you use this App. The information they collect may be associated with your personal information or they may collect information, including personal information, about your online activities over time and across different websites, apps, and other online services websites. They may use this information to provide you with interest-based (behavioral) advertising or other targeted content.

We do not control these third parties' tracking technologies or how they may be used. If you have any questions about an advertisement or other targeted content, you should contact the responsible provider directly. For information about how you can opt out of receiving targeted advertising from many providers, see Your Choices About Our Collection, Use, and Disclosure of Your Information.

How We Use Your Information

We use information that we collect about you or that you provide to us, including any personal information:

·         To present our App and Services and their contents to you.

·         To provide you with information, products, or services that you request from us.

·         To fulfill any other purpose for which you provide it.

·         To provide you with notices about your account.

·         To carry out our obligations and enforce our rights arising from any contracts entered into between you and us, including for billing and collection.

·         To notify you about changes to our App and Services we offer or provide though it.

·         To allow you to participate in interactive features on our App and Services.

·         To process transaction payments (including, but not limited to, rental or other service fees, registration fees, and payments, refunds and reimbursements for any products or services that you choose to purchase from us).

·         To respond to your questions or other requests.

·         To process any registrations and/or changes to your account information.

·         To ask for ratings and reviews of our App and/or Services.

·         To provide access to restricted parts of our App.

·         To request your participation in surveys, focus groups, or other initiatives which help us to gather information used to develop and enhance our App and Services.

·         To enhance and improve our App and Services, for example, by performing internal research, analyzing user trends and measuring demographics and interests.

·         For internal purposes, such as App and system administration or internal audits and reviews.

·         To comply with applicable law(s) (for example, to comply with a search warrant, subpoena or court order) or to carry out professional ethics/conduct investigations.

·         For analyzing how our App and/or Services are used, diagnosing App, Services, or technical problems, maintaining security, and personalizing content.

·         To operate, maintain, and provide to you the features and functionality of the App and Services.

·         To provide statistics about the usage levels of our App and/or Services and other related information to reputable third parties, but these statistics will not include information which will allow you to be identified.

·         In any other way we may describe when you provide the information.

·         For any other purpose with your consent.

We may use the information we have collected from you to enable us to display advertisements to our advertisers' target audiences. Even though we do not disclose your personal information for these purposes without your consent, if you click on or otherwise interact with an advertisement, the advertiser may assume that you meet its target criteria.

We may use de-identified personal information collected via our App and/or Services to improve the quality of our App and/or Services, and for any other purpose. We will not use your identifiable personal information for marketing without first asking for and receiving your consent.

Disclosure of Your Information

We may disclose aggregated information about our users, and information that does not identify any individual or device, without restriction.

In addition, we may disclose personal information that we collect or you provide:

·         To our subsidiaries and affiliates.

·         To medical providers that you have authorized us to use your information to contact and communicate with.

·         To contractors, service providers, and other third parties we use to support our business and who are bound by contractual obligations to keep personal information confidential and use it only for the purposes for which we disclose it to them.

·         To a buyer or other successor in the event of a merger, divestiture, restructuring, reorganization, dissolution, or other sale or transfer of some or all of Clearwave's assets, whether as a going concern or as part of bankruptcy, liquidation, or similar proceeding, in which personal information held by Clearwave about our App users is among the assets transferred.

·         To third parties to market their products or services to you if you have not opted out of these disclosures. We contractually require these third parties to keep personal information confidential and use it only for the purposes for which we disclose it to them. For more information, see the section below entitled “CHOICES ABOUT HOW WE USE AND DISCLOSE YOUR INFORMATION”.

·         To fulfill the purpose for which you provide it. For example, if you give us an email address to use the "email a friend" feature of our Website or App, we will transmit the contents of that email and your email address to the recipients.

·         For any other purpose disclosed by us when you provide the information.

·         With your consent.

·         To comply with any court order, law, or legal process, including to respond to any government or regulatory request.

·         To enforce our rights arising from any contracts entered into between you and us, including the App terms of service and for billing and collection.

·         If we believe disclosure is necessary or appropriate to protect the rights, property, or safety of Clearwave, our customers or others. This includes exchanging information with other companies and organizations for the purposes of fraud protection and credit risk reduction.

Your Choices About Our Collection, Use, and Disclosure of Your Information

We strive to provide you with choices regarding the personal information you provide to us. This section describes mechanisms we provide for you to control certain uses and disclosures of over your information.

·         Tracking Technologies. You can set your browser to refuse all or some browser cookies, or to alert you when cookies are being sent. You can choose whether or not to allow the App to collect information through other tracking technologies by opting out when you sign up for the App or by adjusting your device’s tracking options related to cookies. If you disable or refuse cookies or block the use of other tracking technologies, some parts of the App may then be inaccessible or not function properly.

·         Emails from the Company. If you do not want us to use your email address to send emails to you then you may opt out by using our privacy portal on our website at: https://privacysupportservices.com/clearwave.

We do not control third parties' collection or use of your information to serve interest-based advertising. However, these third parties may provide you with ways to choose not to have your information collected or used in this way. You can opt out of receiving targeted ads from members of the Network Advertising Initiative ("NAI") on the NAI's website.

Residents in certain states, such as California, may have additional personal information rights and choices. Please see Your State Privacy Rights for more information.

Accessing and Correcting Your Personal Information

You may also send us an email at HERE or visit our privacy request portal at: https://privacysupportservices.com/clearwave to request access to, correct, or delete any personal information that you have provided to us. We cannot delete your personal information except by also deleting your Patient Record as may be requested by you or by your medical provider.  We may not accommodate a request to change information if we believe the change would violate any law or legal requirement or cause the information to be incorrect.

Residents in certain states, such as California, may have additional personal information rights and choices. Please see Your State Privacy Rights for more information.

Your State Privacy Rights

State consumer privacy laws may provide their residents with additional rights regarding our use of their personal information.

 

California, Colorado, Connecticut, Delaware, Florida, Indiana, Iowa, Montana, Oregon, Tennessee, Texas, Utah, and Virginia provide (now or in the future) their state residents with rights to:

·Confirm whether we process their personal information.

·Access and delete certain personal information.

·Correct inaccuracies in their personal information, taking into account the information's nature processing purpose (excluding Iowa and Utah).

·Data portability.

·Opt-out of personal data processing for:

·         targeted advertising (excluding Iowa);

·         sales; or

·         profiling in furtherance of decisions that produce legal or similarly significant effects (excluding Iowa and Utah).

·Either limit (opt-out of) or require consent to process sensitive personal data.

 

The exact scope of these rights may vary by state. To exercise any of these rights please visit our privacy request portal HERE or email us with your specific request HERE. To appeal a decision regarding a consumer rights request please email us with specifics regarding your appeal HERE.

To learn more about California residents’ privacy rights, visit our Privacy Notice to California Residents.  California’s “Shine the Light” law (Civil Code Section § 1798.83) permits users of our App that are California residents to request certain information regarding our disclosure of personal information to third parties for their direct marketing purposes. To make such a request, please send an email to HERE.

 

 

Data Security

We have implemented measures designed to secure your personal information from accidental loss and from unauthorized access, use, alteration, and disclosure. All information you provide to us is stored on our secure servers behind firewalls. Any payment transactions and other personal and confidential information will be encrypted using SSL technology.

The safety and security of your information also depends on you. Where we have given you (or where you have chosen) a password for access to certain parts of our App, you are responsible for keeping this password confidential. We ask you not to share your password with anyone. We urge you to be careful about giving out information in public areas of the App like message boards. The information you share in public areas may be viewed by any user of the App.

Unfortunately, the transmission of information via the internet and mobile platforms is not completely secure. Although we do our best to protect your personal information, we cannot guarantee the security of your personal information transmitted through our App. Any transmission of personal information is at your own risk. We are not responsible for circumvention of any privacy settings or security measures we provide.

Changes to Our Privacy Policy

We may update our privacy policy from time to time. If we make material changes to how we treat our users’ personal information, we will post the new privacy policy on this page and we may send a general notice to users of the Portal to identify any material changes to our privacy policy. The date the privacy policy was last revised is identified at the top of the page.

Contact Information

To ask questions or comment about this privacy policy and our privacy practices, contact us at:

Email: HERE

or via our phone number:

(678) 738-1120

To register a complaint or concern, please contact info@clearwaveinc.com.