Clearwave Corporation Privacy Policy

Last modified: June 1, 2021

Introduction

Clearwave Corporation (“Clearwave”, “we”, “us”, or “our”) respects your privacy and we are committed to protecting it through our compliance with this privacy policy (“Privacy Policy”).

This Privacy Policy describes the types of information we may collect from you or that you may provide when you visit Clearwave websites, including www.clearwaveinc.com and www.secure.clearwaveinc.com (secure provider web portal) (our “Websites”), when you use our mobile web responsive app (“Mobile App”), Clearwave Scheduling, Clearwave Connect^TM, mobile patient account creation service, including Pre-Check^TM (“Mobile Portal” or “Portal”) (collectively, the Websites, Mobile App, Clearwave Scheduling, Clearwave Connect, and Mobile Portal, are referred to as the “Software”), 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.

This Privacy Policy applies to the data collected by us, and those working on our behalf, through information you enter or from the data imported from authorized and approved sources. It does not apply to data collected to other websites, products, or services not approved by us.  Some of the terms, where noted, apply only to our collection of information through our Website and not through our Software or Services.

This Privacy Policy applies to information we collect:

• Via our Software
• When using our Services.
• In email, text, and other electronic messages between you and Clearwave during your use of the Software or our Services.
• When and where available, through mobile and desktop applications you download, which provide dedicated non-browser and browser-based interaction between you and us.
• When you interact with our advertising and applications on third party websites and services, if those applications or the advertising include links to this Privacy Policy.
• When provided by registered healthcare providers who use our Software and/or Services.

It does not apply to information collected by:

• Us offline or through any other means, including on any other website operated by Clearwave or any third party (including our affiliates and subsidiaries).
• Any third party, including through any application or content (including advertising) that may link to or be accessible through use of our Services and/or Software.

Please read this Privacy 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, your choice is not to use our Software or Services. By accessing or using our Software or our Services, you agree to and accept our policies and practices described in this Privacy Policy (as updated from time to time (see Changes to Our Privacy Policy)), and you hereby consent that we may collect, use, and disclose your information as described herein. Your use of our Software and our Services is at all times subject to our Terms of Use (available HERE) (the “Terms”), which incorporates this Privacy Policy. Any capitalized terms we use in this Privacy Policy without defining them have the definitions given to them in the Terms.   

Children Under the Age of 18

Our Software and our Services are not intended for children under 18 years of age. No one under age 18 may provide any personal information on or through our Software or through our Services. We do not knowingly collect personal information from children under 18. If you are under 18, do not use or provide any information on or through our Software or through our Services or provide any information about yourself to us, including your name, address, telephone number, email address, or any screen name or user name you may use. If we learn we have collected or received personal information from a child under the age of 18 without verification of parental consent, we will delete that information. If you believe we might have any information from or about a child under 18 years of age please contact us HERE.

Information We Collect About You and How We Collect It

We collect several types of information from and about users of our Software and Services, including information:

• By which you may be personally identified, such as name, insurance member ID, postal address, e-mail address, telephone number, date of birth or emergency contact ("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;
• About your internet connection, the equipment you use to access our Software, Services, and usage details. Information collected automatically may include usage details, IP addresses, browser and/or device versions.

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”).

We collect this information:

• Directly from you when you provide it to us.
• Automatically as you navigate through the site. Information collected automatically may include usage details, IP addresses, and information collected through cookies, web beacons, and other tracking technologies.  
• From third parties, for example, our business partners.

Information You Provide to Us  

The information we collect on or through our Software and Services may include:

• Information that you provide by filling in forms on our Software and Services including during the ‘Client’ registration process. This includes information provided prior to and/or at the time of purchasing or registering to use our Software or Services, or when requesting further information or Services. We may also ask you for information when you report a problem with our Software or Services.
• Records and copies of your correspondence (including email addresses), if you contact us.
• Your responses to surveys that we might ask you to complete for internal research purposes.
• Details of transactions you carry out through our Software and/or Services and of the fulfillment of your charges. You may be required to provide financial information before placing any payment transactions through our Software.
• Your search queries on the Software.

Information We Collect Through Automatic Data Collection Technologies  

As you navigate through and interact with our Software or Services, we may use automatic data collection technologies to collect certain information about your equipment, browsing actions, and patterns, including:

• Details of your visits to/use of our Software, including traffic data, location data, logs, and other communication data and the resources that you access and use on or in the Software.
• Information about your computer and internet connection, including your IP address, operating system, and browser type.
• We may also collect your geolocation automatically if you are using Clearwave Scheduling, please see our Terms of Use for more information about our use of geolocation data and Google Maps.

The information we collect automatically is only statistical data and does not include personal information, but we may maintain it or associate it with personal information we collect in other ways or receive from third parties. It helps us to improve our Software and to deliver a better and more personalized service, including by enabling us to:

• Estimate our audience size and usage patterns.
• Store information about your preferences, allowing us to customize our Software and our Services according to your individual interests.
• Speed up your searches.
• Recognize you when you return to our Software or use our Services.

The technologies we use for this automatic data collection may include:

•  “Cookies” (or “browser cookies”):  Using a small file placed on the hard drive of your computer. You may refuse to accept browser cookies by activating the appropriate setting on your browser. However, if you select this setting you may be unable to access certain parts of our Software. Unless you have adjusted your browser setting so that it will refuse cookies, our system will issue cookies when you direct your browser to our Software and our Services.
• “Flash cookies”: Certain features of our Software may use local stored objects that collect and store information about your preferences and navigation to, from, and on our Software. Flash cookies are no managed by the same browser settings as are used for browser cookies.
• IP Address: Our servers automatically record certain log file information reported from your browser when you access the Services. These server logs may include information such as which pages of the Software and/or Services you visited, your internet protocol (“IP”) address, browser type, and other information on how you interact with the Software and/or Services. These log files are generally deleted periodically.
• Web Analytics Services: We may use third-party web analytics services (such as those of Google Analytics) on our Software and/or Services to collect and analyze usage information through cookies and similar tools. This Privacy Policy covers use of cookies by us only and not the use of cookies by such service providers or other third parties. To prevent Google Analytics from using your information for analytics, you may install the Google Analytics Opt-out Browser Add-on by clicking HERE.

 Personal information collected on the Software is stored and processed only in the United States.

Information We Receive as a Business Associate

Healthcare providers that use our Software 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 Software 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.

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 Software 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 Software and Services we offer or provide though it.
• To allow you to participate in interactive features on our Software 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 Software and/or Services.
• To provide access to restricted parts of our Software.
• To request your participation in surveys, focus groups, or other initiatives which help us to gather information used to develop and enhance our Software and Services.
• To serve relevant information to you when you visit our Websites or other third-party sites (including social media platforms).
• To enhance and improve our Software and Services, for example, by performing internal research, analyzing user trends and measuring demographics and interests.
• For internal purposes, such as Software 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 Software and/or Services are used, diagnosing Software, Services, or technical problems, maintaining security, and personalizing content.
• To operate, maintain, and provide to you the features and functionality of the Software and Services.
• To provide statistics about the usage levels of our Software 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 also use your information to contact you about our own and third-parties' goods and services that may be of interest to you. If you do not want us to use your information in this way, please check the relevant box located on the form on which we collect your data (the registration form) or adjust your user preferences in your account profile.  For more information, see Choices About How We Use and Disclose Your Information.  If you have any questions, please contact us HERE.

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 Software and/or Services to improve the quality of our Software 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 de-identified personal information without restriction.

We may disclose personal information that we collect or you provide as described in this Privacy Policy:

• To our subsidiaries and affiliates.
• To contractors, service providers, and other third parties we use to support our business and including any 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 Software users is among the assets transferred.
• To third parties to market their products or services to you if you have consented to/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 Choices About How We Use and Disclose Your Information. (This does not apply to information collected through our Software).
• 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 Software or Services, 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.

We may also disclose your personal information:

• To comply with any law, court order, subpoena, or legal process, including to respond to any government or regulatory request.
• 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.
• To enforce our Terms (including for billing and collection purposes).
• Take precautions against liability, including investigating and defending ourselves against any third-party claims or allegations.
• To protect the security and integrity of our Software and/or Services.

Third Party Use of Cookies and Other Tracking Technologies (Only applies to Website)

Some content or applications, including advertisements, on the Website are provided by third-parties, including advertisers, ad networks and servers, content providers, and application providers. These third parties may use cookies alone or in conjunction with web beacons or other tracking technologies to collect information about you when you use our Software and/or Services. 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 and other online services. 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 the next section below.

Choices About How We Use and Disclose Your Information (Only applies to Website)

This Section only applies to your use of our Website.  We do not share any information collected through use of Mobile App or Mobile Portal.

We strive to provide you with choices regarding the personal information you provide to us. We have created mechanisms to provide you with the following control over your information:

• Tracking Technologies and Advertising. You can set your browser to refuse all or some browser cookies, or to alert you when cookies are being sent. To learn how you can manage your Flash cookie settings, visit the Flash player settings page on Adobe's website. If you disable or refuse cookies, please note that some parts of this site may then be inaccessible or not function properly.
• Disclosure of Your Information for Third-Party Advertising. If you do not want us to share your personal information with unaffiliated or non-agent third parties for promotional purposes, you can opt-out by checking the relevant box located on the form on which we collect your data (the registration form). You can also always opt-out by sending us an email HERE.

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.

Data Retention

The time periods for which we retain your personal information depend on the purposes for which we use it. We will keep your personal information for as long as your account is active, or as long as you are an account holder or user of our Software and/or Services or for as long as we have another business purpose to do so and, thereafter, for no longer than is required or permitted by law, or our records retention policy, reasonably necessary for internal reporting and reconciliation purposes, or to provide you with feedback or information you might request. This period of retention is subject to our review and alteration. 

Following termination or deactivation of your account, we may retain your profile information. Following termination or deactivation of your account, we may retain your personal information and other data, but will maintain it as confidential according to the Terms, this Privacy Policy and as required by applicable law. We have the right to delete all of your personal information and other data after termination of your account without notice to you.

We may retain de-identified personal information for as long as we choose.

Accessing and Correcting Your Information

You can review and change your personal information by logging into the applicable Software and visiting your account profile page.

You may also send us an email HERE 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 user account. 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.

If your information is provided to us through a third-party medical provider or payment processor you may be required to contact that party directly in order to access and/or correct your information.  

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.

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 Software, you are responsible for keeping this password confidential. We ask you not to share your password with anyone. If you think that any of your accounts have been compromised you should change your account credentials with us, and in particular make sure any compromised account does not allow access to your account with us. We will never email you to ask for your password or other account login credentials. If you receive such an email, please send it to us so we can investigate.

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

Changes to Our Privacy Policy

It is our policy to post any changes we make to our Privacy Policy on this page with a notice that our Privacy Policy has been updated on the Software home or start page. If we make material changes to how we treat our users' personal information, we will notify you by email to the email address specified in your account and/or through a notice on the Software home or start page. The date the Privacy Policy was last revised is identified at the top of the page. You are responsible for ensuring we have an up-to-date active and deliverable email address for you, and for periodically using our Software and reviewing this Privacy Policy to check for any changes. Your continued use our Software and/or our Services after we make changes is deemed to be acceptance of those changes.

Please note that if you have opted not to receive legal notice emails from us (or you haven’t provided us with your email address), those legal notices will still govern your use of our Software and Services, and you are still responsible for reading and understanding them. If you use our Software and/or Services after any changes to the Privacy Policy have been posted, that means you agree to the new Privacy Policy, including all of the changes. Use of information we collect now is subject to the Privacy Policy in effect at the time such information is collected.

California Residents

If you are a California resident you may have additional rights as set forth in our Clearwave Inc.’s Privacy Policy for California Residents

Contact Information

To ask questions or comment about this Privacy Policy and our privacy practices, contact us:

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