Folia Health Web and Mobile Application Privacy Policy

Last revised: December 16, 2020

 Introduction

Folia Health, Inc. ("Company" or "We") respect your privacy and are committed to protecting it as part of our mission to help you harness the power of your observations. This policy describes:

  • The types of information we may collect or that you may provide when you download, register with, or use the Folia platform (the "App") on either a web browser or a mobile device.

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

This policy applies only to information we collect in this App; in email, text, social media, and other electronic communications; and phone calls or online surveys.

This policy DOES NOT apply to information that:

  • 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.

These third parties may have their own privacy policies, which we encourage you to read before providing information on or through them.

By downloading, registering with, or using this App, you agree to this privacy policy. If you do not agree with our policies and practices, do not download, register with, or use this App. This policy may change from time to time (see http:/www.foliahealth.com/privacy-policy-archive). Your continued use of this App after we make changes is deemed to be acceptance of those changes, so please check the policy periodically for updates. If substantial changes to this Privacy Statement are made, we will provide you with notice such as posting a notice on our website or sending a message to the email address associated with your account.

 

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 without consent of a parent or guardian. If we learn we have collected or received personal information from a child under 13 without verification of parental consent, we will contact the parent or guardian, and if we receive no response, will delete that information. If you believe we might have any information from or about a child under 13, please contact us at [email protected].

Information We Collect and How We Collect It

We collect information from and about users of our App in two ways:

  • Directly from you when you provide it to us.

  • Automatically when you use the App.

 

Information You Provide to Us Directly

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, and information on your, or your children’s, health and wellbeing.

This information includes:

  • Information that you provide by using the App. This includes registering, creating a profile, using the App, and requesting further services. We may also ask you for information when you report a problem with the App.

  • Shared Information and Files. The App also may access metadata and other information associated with other files that you send to the Company. This may include, for example, photographs, audio and video clips, and documents.

  • Records and copies of your correspondence if you contact us.

  • Your responses to surveys that we might send for research and product development purposes.

  • 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, including the Folia Health website and blog, or the social media accounts of Folia Health (collectively, "User Contributions"). Your User Contributions are posted and transmitted to others at your own discretion and may be viewable by the public; we cannot control the actions of third parties with whom you may choose to share your User Contributions, or who may see them on the publicly available Folia website.  

Information You Provide to us Automatically 

Some information is automatically collected when you use the App to help us understand how users use Folia Health and how to improve it.

  • Usage Details. We automatically collect certain details of your use of the App, including traffic data, city or town level location data, usage and error logs, and the types of actions you perform in the App.

  • Device Information. We may collect information about your mobile device and internet connection, including the device type, IP address, operating system, browser type, and mobile network information.

  • Location Information. This App collects real-time information about the location of your device at the city or town level. This information is collected by our customer service chat contractor, currently Intercom, for user support purposes.

 

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 with whom you have an independent profile.

  • 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.

The App uses Google Analytics, including its data reporting features. Information collected by Google Analytics includes but is not limited to web metrics.  For information on how Google Analytics collects and processes data, please see the site “How you can control the information collected by Google on these sites and apps,” currently located at https://policies.google.com/technologies/partner-sites. For information on opting out of Google Analytics, we encourage you to visit Google’s website, including its list of currently available opt-out options.

The App uses third parties such as Facebook and Google AdWords to advertise our product. We currently use the Facebook and Google pixel and software development kit (SDK) to assess traffic to our site and registrations for our App and to improve our marketing, however we do not disclose to these partners any information that you share with us such as email addresses, search histories within your Folia account, medications used, symptoms, or clinic appointments. Your visit to www.foliahealth.com may be used by these partners to serve ads on their platforms. For information on how to adjust your settings in those platforms, please visit  https://adssettings.google.com/authenticated and https://www.facebook.com/ads/about/?entry_product=ad_preferences 

 

How Your Information is Used Within the Company

We use information that we collect to:

  • Improve Folia Health

    • Estimate our audience size and better understand usage patterns.

    • Store information about your preferences, allowing us to customize our App according to your individual interests.

    • Speed up the performance of the App.

    • Understand the effectiveness of our marketing materials and initiatives

  • Communicate with you about Folia Health

    • Provide you with the App and its contents, and any other information, products or services that you request from us.

    • Share information about topics generally of interest to users of the App.

    • Give you notices about your account as well as tips to improve your account experience.

    • Notify you when App updates are available, and of changes to any products or services we offer or provide though it.

If you do not want to receive email communications from us, please email [email protected] from the email address associated with your Folia account with the subject line “Opt out of marketing communications,” or you can unsubscribe from any of our company emails. 

 

How Your Information is Used Externally 

As part of our Bridge Program, Folia can send automated Appointment Guide reports to your clinician on your behalf. 

  • This is only done with your consent, which is captured within your Sharing Settings in the App.

  • You will be notified directly by email if you and your clinic are enrolled in the Bridge Program.

  • You can opt-out at any time by adjusting your Sharing Settings.

We may disclose de-identified, aggregated information about our users, and information that does not identify any individual or device, for purposes of research and improving care.

  • This is only done with your consent, which is captured within your Sharing Settings in the App.

  • Descriptions of all active research projects are published within the App in order to provide transparency into your data use.

  • You can opt-out at any time by adjusting your Sharing Settings.

  • If any research initiatives involve reidentifying your data, the study will include an additional opt-in to secure your permission.

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

  • To contractors, service providers, and other third parties we use to support our business. 

    • These third parties are bound by contractual obligations to keep personal information confidential and use it only for the purposes for which we disclose it to them.

    • Any third parties that have access to protected health information (PHI) must sign a Business Associate Agreement (BAA).

    • We only share the minimum amount of data necessary to accomplish the intended purpose.

  • 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.

  • 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.

 

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 [email protected] 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.

If you delete your User Contributions from the App, copies of your User Contributions may remain viewable in cached and archived pages, or might have been copied or stored by other App users, such as a caregiver or a dependent. Proper access and use of information provided on the App, including User Contributions, is governed by our end user license agreement (http://www.foliahealth.com/eula).

 

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 protected], with the subject line, “California personal disclosure request”.

 

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 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/#PHI 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.

 

Contact Information

To ask questions or comment about this privacy policy and our privacy practices, contact us at [email protected].

 

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 protected].

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 

Records Retention

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.