Last revised: April 4, 2018
Folia Health, Inc. ("Company" or "We") respect your privacy and are 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 purchase, download, install, register with, access, or use the Folia platform (the "App") on either a web browser or a mobile phone.
· Our practices for collecting, using, maintaining, protecting, and disclosing that information.
This policy applies only to information we collect in this App and/, in email, text, and other electronic communications sent through or in connection with this App and phone calls or online surveys used to gather feedback on its usefulness.
This policy DOES NOT apply to information that:
· We collect offline or on any other Company apps or websites, including websites you may access through this App.
· You provide to or is collected by any third party.
· You decide to share with an individual outside of the Folia Health, Inc. organization, using the App.
Our websites and apps, and these third parties may have their own privacy policies, which we encourage you to read before providing information on or through them.
Children Under the Age of 13
The App is not intended for children under 13 years of age, and we do not knowingly collect personal information from children under 13. If we learn we have collected or received personal information from a child under 13 without verification of parental consent, we will delete that information. If you believe we might have any information from or about a child under 13, please contact us at email@example.com.
Information We Collect and How We Collect It
We collect information from and about users of our App:
· Directly from you when you provide it to us.
· Automatically when you use the App.
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, such as name, postal address, email address, telephone number, names of children, and dates of birth.
· That is about you but individually does not identify you, such as the doctors offices, schools, and other care providers attended by you or your children, and information on your, or your children’s, health and wellbeing.
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, subscribing to our service, posting material, and requesting further services. We may also ask you for information when you report a problem with the App.
· Records and copies of your correspondence (including email addresses and phone numbers), if you contact us.
· Your responses to surveys that we might ask you to complete for research and product development purposes.
· Details of transactions you carry out through the App and of the fulfillment of your orders. You may be required to provide financial information before placing an order through the App.
· Your search queries on the App.
· Information that you provide during a customer service encounter with the Company, including over phone, email, or customer service chat service like Intercom.
You may provide information to be published or displayed ("Posted") on public areas of the App, the Folia Health website, or the social media accounts of Folia Health (collectively, "User Contributions"). Your User Contributions are Posted and transmitted to others at your own risk. Although you may set certain privacy settings for such information by logging into your account profile, please be aware that no security measures are perfect or impenetrable. Additionally, we cannot control the actions of third parties with whom you may choose to share your User Contributions. Therefore, we cannot and do not guarantee that your User Contributions will not be viewed by unauthorized persons.
Automatic Information Collection and Tracking
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, location data, usage and error 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 collects real-time information about the location of your device. This information is collected by our customer service chat contractor, Intercom, and is displayed only at the locality level for the Company to view.
If you do not want us to collect this information do not download the App or delete it from your device/you may opt out at any time by sending a request titled “Cease Collection of Information” to firstname.lastname@example.org. Some information that is collected can be opted out of in the Profile & Preferences section of the App. Note, however, that opting out of the App's collection of location information will cause its location-based features to be disabled.
We also may use these technologies to collect information about your activities over time and across third-party websites, apps, or other online services (behavioral tracking). Click here (http://www.foliahealth.com/privacy-policy) for information on how you can opt out of behavioral tracking on or through this app and how we respond to browser signals and other mechanisms that enable consumers to exercise choice about behavioral tracking.
Information Collection and Tracking 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.
· Web Beacons. Pages of the App and our emails may contain small electronic files known as web beacons (also referred to as clear gifs, pixel tags, and single-pixel gifs) that permit the Company, for example, to count users who have visited those pages or opened an email and for other related app statistics (for example, recording the popularity of certain app content and verifying system and server integrity).
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:
· Advertisers, ad networks, and ad servers.
· Analytics companies.
· Your mobile device manufacturer.
· Your mobile service provider.
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.
How We Use Your Information
We use information that we collect about you or that you provide to us, including any personal information, to:
· Provide you with the App and its contents, and any other information, products or services that you request from us.
· Fulfill any other purpose for which you provide it.
· Give you notices about your account, including expiration and renewal notices, as well as tips to improve your account experience.
· Carry out our obligations and enforce our rights arising from any contracts entered into between you and us, including for billing and collection.
· Notify you when App updates are available, and of changes to any products or services we offer or provide though it.
The usage information we collect helps us to improve our App and to deliver a better and more personalized experience by enabling us to:
· Estimate our audience size and usage patterns.
· Store information about your preferences, allowing us to customize our App according to your individual interests.
· Speed up your searches.
· Recognize you when you use the App.
We use location information we collect to understand where our users are primarily located, in order to target our advertising and recruitment of distribution partners.
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 adjust your user preferences in your account profile, found in the App’s main menu under Settings à Profile and Preferences. For more information, see http://www.foliahealth.com/privacy-policy.
We may use the information we collect 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.
Disclosure of Your Information
We may disclose de-identified, 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 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 Folia Health, Inc.’s assets, whether as a going concern or as part of bankruptcy, liquidation, or similar proceeding, in which personal information held by Folia Health, Inc. 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 http://www.foliahealth.com/privacy-policy.
· To fulfill the purpose for which you provide it.
· 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 EULA, terms of sale (http://www.foliahealth.com/privacy-policy) and for billing and collection.
· If we believe disclosure is necessary or appropriate to protect the rights, property, or safety of Folia Health, Inc., 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.
· Location Information. You can choose whether or not to allow the App to collect and use real-time information about your device's location through the device’s privacy settings or by opting out in the Profile & Preferences section of your App Settings. If you block the use of location information, some parts of the App may then be inaccessible or not function properly.
· Promotion by the Company. If you do not want us to use your contact information to promote our own or third parties' products or services, you can opt-out by opting out in the Profile & Preferences section of your App Settings. You can also always opt-out by sending us an email stating your request to email@example.com.
· Targeted Advertising by the Company. If you do not want us to use information that we collect or that you provide to us to deliver advertisements according to our advertisers' target-audience preferences, you can opt-out by opting out in the Profile & Preferences section of your App Settings. You can also always opt-out by sending us an email stating your request to firstname.lastname@example.org.
· Disclosure of Your Information for Third-Party Advertising and Marketing. If you do not want us to share your personal information with unaffiliated or non-agent third parties for advertising and marketing purposes, you can opt-out by opting out in the Profile & Preferences section of your App Settings. You can also always opt-out by sending us an email stating your request to email@example.com.
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.
Accessing and Correcting Your Personal Information
You can review and change your personal information by logging into the App and visiting your account profile page.
You may also send us an email at firstname.lastname@example.org to request access to, correct, or delete any personal information that you have provided to us. In some cases, we may have to delete 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.
Your California Privacy Rights
California 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 email@example.com, with the subject line, “California personal disclosure request”.
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 personal health information (PHI) will be encrypted using SSL technology. Please see the Patient Health Information Privacy & Security Policy at http://www.foliahealth.com/privacy-policy for further information.
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.
To opt out of behavioral tracking, please send an email to firstname.lastname@example.org with the subject, "Opt out of Behavioral Tracking". We will respond within 48 hours and will remove your account from our third-party behavioral tracking services, including Intercom.
For other preference information, please visit the App and go to Settings --> My Profile and Preferences.
Personal Health Information (PHI) Privacy & Security Policy
Last revised: April 4, 2018
Purpose of this document
We respect the importance of maintaining a fully secure and private environment for your health data. Folia Health, Inc. (“the Company”) has established privacy practices in order to protect the privacy and confidentiality of all protected health information (PHI) that the Company is charged with capturing, storing, or communicating.
This document will outline:
- How Folia Health, Inc. protects the privacy of your PHI
- How Folia Health, Inc. may use or disclose your PHI
- Your rights and responsibilities concerning the privacy of your PHI, including how you may access the information that the Company has stored on your behalf
- Who to contact if you have questions or want to make a complaint
Who must follow the rules of this notice?
All employees, both full-time and part-time, and all contractors of the Company will be required to follow the procedures outlined in this document whenever their job duties require access to PHI.
Summary of PHI collected and stored by Folia
PHI, or patient health information, is individually identifiable health data that relates to the past or present health of an individual or to the payment of healthcare claims. This data includes, but is not limited to, medical conditions, health status, claims experience, medical histories, physical examinations, genetic information, and evidence of disability.
In the course of using Folia, patients and their caregivers will collect and store their own PHI on the Company’s systems. The PHI most frequently collected and stored will include symptoms and symptom characteristics experienced by individual patients, logs of patient progress and setbacks, and care plan details.
Policies for sharing of PHI
The HIPAA compliance officer
Until such time as the organization has hired an HR director, the Company has designated the CEO as the HIPAA compliance officer, and any questions or issues regarding PHI should be presented to the CEO for resolution. As the HIPAA compliance officer, the CEO will have responsibility for:
- Issuing procedural guidelines for access to PHI, as well as how the PHI will be maintained, used, transferred, or transmitted
- Developing a schema to establish PHI permissions for each individual employee or contractor
User preferences settings used to allow sharing of PHI
For all disclosures that do qualify as PHI-protected disclosures, users will have the ability to change preferences settings in order to discontinue or restart the sharing of certain types of PHI. Users can change these settings at any time by logging into their Folia accounts. For questions on changing preferences settings, users can contact the Company at email@example.com.
These preferences settings include:
- Whether or not the Company can share de-identified PHI with third-party organizations for medical research purposes;
- Whether or not the Company can share de-identified PHI with third-party organizations for the purposes of targeting advertisements;
- Whether or not the Company can aggregate an individual’s de-identified PHI with the de-identified PHI of other Folia users in order to run correlation and association studies on the various components of the PHI collected by Folia;
- Whether or not the Company can share identifiable PHI with specified healthcare providers;
- Whether or not the Company can share identifiable PHI with other specified care providers, including schools and day cares;
- Whether or not the Company can share identifiable PHI with other specified users, including a child patient who is a minor, or other caregivers for the patient
Disclosures that do not qualify as PHI-protected disclosures
- Disclosure of PHI to the individual to whom the PHI belongs
- Disclosures requested to be made to authorized parties by the individual PHI holder
- Disclosures to government agencies for reporting or enforcement purposes
- Disclosures to workers’ compensation providers and those authorized by the workers’ compensation providers
- Information external to a health plan is not considered PHI if the information is being furnished for claims processing purposes involving workers’ compensation or short- or long-term disability and medical information received to verify Americans with Disabilities Act (ADA) or Family and Medical Leave Act (FMLA) status
Personnel records and disclosures of PHI will be maintained for a period of six years as required by federal law, unless a state law requires a longer retention period. Records that have been maintained for the maximum interval will be destroyed in a manner to ensure that such data are not compromised in the future in accordance with the company record destruction policy.
This material is for informational purposes only and not for the purpose of providing legal advice. You should always contact your attorney to determine if this information, and your interpretation of it, is appropriate to your particular situation.