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Last Updated:  August 11, 2016

SERVEWELL PRIVACY POLICY

  1. Introduction

ServeWell is dedicated to protecting your personal information and informing you about how we use your information. This Privacy Policy applies to your use of the ServeWell software and applications and the ServeWell website (collectively the “Sites”).  This Privacy Policy should be read in conjunction with the ServeWell Terms of Use.  Where words are not defined, the capitalized proper nouns will have the same definitions and meanings as defined by the ServeWell Terms of Use. Please review this Privacy Policy periodically. If you do not agree with or accept our Privacy Policy in it’s entirety, you must not access or use the Sites.

If you have any questions about the collection, use and disclosure of your personal information that are not answered by this Privacy Policy, or you would like to access or correct your personal information, please contact us by email at info@servewell.com.

We reserve the right to change this Privacy Policy from time to time and will provide notice of any significant changes to our information collection practices. Please check back frequently for updates.

  1. Information Collected

At ServeWell, we collect personally identifiable information (“PII”) and non-personally identifiable (“Non-PII”) information from you.  PII is information that can be used to identify you personally.  Non-PII is information that must be combined with other information to identify you personally.

Personally Identifiable Information Collected

You may be required to provide us with your PII when you visit our Sites.  In order to fully use our Sites, we may collect PII such as your name, date of birth, email, social security number, address, medical history, telephone number, UID, and IP address.  Additionally, if you are signing up for another person we may collect that information you provide for such third party.  We may also collect your relevant payment or Credit Card information if you wish to pay for any Services offered via the Sites.

Personally Identifiable Information Collected By Caregivers

In addition to the information listed above we may collect additional licensing and business information from you if you are a Caregiver signing up for the Sites.

Non-Identifying Information

Whenever you use our website, we may collect non-identifying information from you, such as your IP address, location information, age, zip code, gender, browsing history, search history, and registration history, interactions with the website, location, referring URL, browser, operating system, data usage, data transferred, and Internet Service Provider.  We may also collect information including but not limited to postings you make on the public areas of our website, messages you send to us, and correspondence we receive from other members or third parties about your activities or postings.

  1. Use of Your Information

We collect PII from you when you provide the information directly to us, such as when you register for our Sites. If you are a Client, we may also collect your PII from other sources, such as your family members and caregivers. We collect PII for certain purposes, including:

Additionally, we may give your information to law enforcement if we are compelled to by a court order, if there has been a violation of any US laws or if a violation of the ServeWell Terms of Use or the Privacy Policy has occurred.

  1. Accessing, Editing, and Removing Your Information

You will be able to access any PII contained in your account through our Sites.  You may edit that information by removing or changing the information listed in your account via the Sites dashboard or by contacting us. If you have any questions or wish to review, change, or access any of your information collected by us, please contact us at info@servewell.com.  Additionally, if you wish to opt out of our data collection practices or would like us to remove any of your information, please contact us at info@servewell.com.   After you have cancelled your account please be aware that we may keep inaccessible copies of your information subject to our data retention policies and to comply with applicable laws.

  1. Cookies and Tracking

We use cookies to understand how you use our Sites and to remember your preferences.  If you do not wish cookies to be loaded on your web browser, please disable cookies via your browser.  Please understand that some of the functionality of our Sites or any Services offered may be hindered if you decide to disable any cookies.  

  1. Third Party Access to Your Information

If you consent, we may share your PII with third parties for specific purposes. If you are a Client, with your consent, we provide information related to your care to family members, friends, and individuals involved in your care, such as your medical care team. If you consent to the creation of a profile on the ServeWell application, updates and alerts about your care activity (such as photos, activity updates, and location updates) will be made accessible to your subscribers at the access levels you choose. Throughout the course of our provision of our services to you, we may delegate our authority to collect, access, use, and disseminate your information to third parties who maintain our underlying systems.We use third-party service providers to assist us in our business. We will provide your personal information to those third parties to perform services on our behalf.

In addition, we may share information in aggregated statistics and de-identified form with third parties for their own use, such as for learning about the types of visitors to our Sites, as well as for research purposes, including health-related research to facilitate the improvement of available health care products and services in an effort to improve treatment options and health outcomes.

We may also disclose your personal information in the following circumstances: (a) if such disclosure is necessary for us to receive legal advice; (b) to collect a debt from you; (c) if we have reasonable grounds to believe that the information relates to a breach of an agreement or contravention of a law; or (d) where we are otherwise permitted to do so by applicable law.

We may sell or purchase assets. If another entity acquires us or all or a portion of our assets, information that we collected from you may be shared with that entity. The information may also be shared for the purpose of that entity considering whether to enter into the transaction and also to complete the transaction.

  1. Law Enforcement

You agree that we may disclose your information to authorities if compelled to by a court order.  Additionally, you agree that we may disclose your information if we reasonably believe that you have violated US laws or the terms of our ServeWell Terms of Use or Privacy Policy or if we believe that a third party is at risk of bodily harm.   In the event that we receive a subpoena affecting your privacy, we may elect to notify you to give you an opportunity to file a motion to quash the subpoena, or we may attempt to quash it ourselves, but we are not obligated to do either.  We may also proactively report you and release your information without receiving any request to third parties where we believe that it is proper to do so for legal reasons, where your actions violate any laws of the United States or any other country having jurisdiction over us, our Sites, or our ServeWell Terms of Use.  You release us from any damages that may arise from or relate to the release of your information to a request from law enforcement agencies or private litigants.  We may release your information under the conditions listed in this paragraph whether it is to individuals or entities and to any state or federal authorities, as required.

  1. Opt Out of Commercial, Non-Commercial Communications and Do Not Track

If you decide to provide us with your contact information, you agree that we may send you communications via text and emails.  However, you may unsubscribe from certain communications by notifying ServeWell that you no longer wish to receive these communications, we will endeavour to promoptly remove you from our database once we have received that request.  We currently do not offer functionality for you to opt out through “do not track” listings or signals. If you wish to opt out of certain communications or information collection, please contact us at info@servewell.com.  

  1. Third Parties

ServeWell or other users may post links to third party websites on the Sites, which may include information that we have no control over.  When accessing a third party site through our Sites, you acknowledge that you are aware that these third party websites are not screened for privacy or security issues by us, and you release us from any liability for the conduct of these third party websites.

Please be aware that this Privacy Policy, and any other policies in place, in addition to any amendments, does not create rights enforceable by third parties.  ServeWell bears no responsibility for the information collected or used by any advertiser or third party website. You must review their Terms of Use and Privacy Policy to understand how their information collection practices work.

  1. Security Measures

We make reasonable attempts to protect your information by using physical and electronic safeguards.  For this reason we use SSL certificates to enhance our Sites security and encryption to enhance our application security. However, as this is the Internet, we can make no guarantees as to the security or privacy of your information.  For this reason, we recommend that you use anti-virus software, routine credit checks, firewalls, and other precautions to protect yourself from security and privacy threats.

  1. Your California Privacy Rights

ServeWell permits residents of the State of California to use its Sites, and complies with the California Business and Professions Code §§ 22575-22579.  If you are a California resident you may request certain information regarding our disclosure of personal information to any third parties for their direct marketing purposes.  Various provisions throughout this Privacy Policy address requirements of the Californian privacy statutes. Although we do not disseminate your information to third parties without permission, you must presume that we collect electronic information from all visitors. You may contact us at info@servewell.com with any questions.

  1. Age Compliance

We intend to fully comply with American and international laws respecting children’s privacy including COPPA.  Therefore, we do not collect or process any information for any persons under the age of 18.  If you are under 18 and using our Sites, please stop immediately and do not submit any information to us.   In the event that we have inadvertently collected any information from users under the age of 18 please contact us immediately.

  1. International Transfer

Your information may be transferred to - and maintained on - computers located outside of your state, province, country, or other governmental jurisdiction where the privacy laws may not be as protective as those in your jurisdiction.  Your consent to this Privacy Policy followed by your submission of such information represents your agreement to that transfer.  PII and Non-PII that is submitted to ServeWell will be collected, processed, stored, disclosed and disposed of in accordance with applicable U.S. law and this policy. If you are a non-U.S. member, you acknowledge and agree that ServeWell may collect and use your Information and disclose it to other entities outside your resident jurisdiction. In addition, such information may be stored on servers located outside your resident jurisdiction. U.S. law may not provide the degree of protection for information that is available in other countries.

  1. HIPAA

ServeWell is not a “covered entity” or a “business associate” as defined by the Health Insurance Portability and Accountability Act (“HIPAA”).  Furthermore, no PII or non-PII collected by ServeWell is considered “Protected Health Information” as defined by HIPAA.

  1. Amendments

Like our Terms of Use, we may amend this Privacy Policy from time to time.  When we amend this Privacy Policy, we will modify the date listed on this Agreement or we may contact you.  You must agree to the amendments as a condition of your continued use of our Sites.  If you do not agree, you must immediately cease using our Sites and notify us of your refusal to agree by e-mailing us at info@servewell.com.