Effective Date: January 26, 2022

A.            Introduction.

1.           CliniComp International, Inc. (“Company”, “we”, “us” or “our”) respect the privacy of your information and are committed to protecting it through Our compliance with this privacy policy (this “Privacy Policy”).

2.           We prepared this Privacy Policy to describe to you (the “Client”, “you” or “your”):

(a)            the types of information we may collect or your users (the “Users”) of the CliniComp Fetal Mobile Application (the “App”) may provide when they download, register with, access, or use the App in connection with your use of the CliniComp EHR system offering (the “CliniComp System”); and

(b)           our practices for collecting, using, maintaining, protecting, and disclosing that information.

3.           This Privacy Policy applies only to information we collect or your App Users may provide in this App and other electronic communications sent through this App.

4.           This policy DOES NOT apply to information: (a) we collect offline or on any other Company app or website; or (b) you or your App Users provide to or is collected by any third party. Our website and other apps, and these other third parties may have their own privacy policies, which we encourage you to read before providing information on or through them.

5.           CliniComp provides you this App to view health records, coordinate care, and other related activities in connection with your use of the CliniComp System.

6.           CliniComp acts as a service provider for the healthcare industry and does not own or control the information submitted to us through this App. Notwithstanding anything in this Privacy Policy to the contrary, the information you and your App Users submit through this App will be held subject to and in accordance the requirements specified by you and applicable law, including, but not limited to, the Health Insurance Portability and Accountability Act of 1996 (“HIPAA”) and California’s Confidentiality of Medical Information Act (“CMIA”).

7.           Individually identifiable information for purposes of providing medical care to your potential or existing patients (“Patient” or “Patients”) (“Protected Health Information” or “PHI”) will also be subject to your HIPAA Notice of Privacy Practices (the “HIPAA Notice”), which you will make available to Patients. The HIPAA Notice will describe how you will use and share Patients’ Protected Health Information and also describe Patients’ rights with respect to their Protected Health Information.

8.           This Privacy Policy does not reflect your privacy practices and CliniComp is not responsible for your privacy policies or practices. CliniComp does not review, comment upon, or monitor your HIPAA Notice or your compliance with your respective privacy policies, nor does CliniComp review your instructions to determine if you are in compliance or conflict with the terms of your published privacy policy or applicable law.

9.           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, do not download, register with, or use this App. By downloading, registering with, or using this App, you agree to this Privacy Policy. This Privacy 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.

B.             Information We Collect and How We Collect It.

1.            Information We Collect. We collect several types of information from and/or about your App Users, including information:

(a)            By which your App Users may be personally identified, such as name, postal address, e-mail address, telephone number, social security number, user name, password or any other identifier by which they may be contacted online or offline (“Personal Information”)

(b)           About your App Users’ internet connection, equipment used to access this App, and usage details; and/or

(c)            Protected Health Information of your Patients.

2.             How We Collect Information. We collect this information: (a) directly from your App Users when provided to us and (b) automatically when your App Users use the App.

3.             Information Your App Users Provide to Us. The information we collect and your App Users may provide on or through this App includes:

(a)            Information your App Users provide by filling in forms in the App. This includes information provided at the time of registering to use this App and information when you or your App Users report a problem with this App.

(b)           User names and passwords.

(c)            Patient information shared by your App Users, such as Patient name and fetal strip information.

4.              Information We Obtain from Health Care Providers and Other Sources.

(a)            You may be subject to laws and regulations governing the use and disclosure of health information you create or receive, including, but not limited to, the 21^st  Century Cures Act, HIPAA, the Health Information Technology for Economic and Clinical Health of 2009 (“HITECH”), CMIA, and the regulations adopted thereunder. When we store, process or transmit “individually identifiable health information” (as defined in HIPAA) on your behalf, we do so as your “business associate” (as defined in HIPAA) and are prohibited from using individually identifiable health information in a manner you yourself may not. We are required to, among other things, apply reasonable and appropriate measures to safeguard the confidentiality, integrity and availability of individually identifiable health information we store and process on your behalf. We are subject to laws and regulations governing the use and information of certain personal and health information, including HIPAA and CMIA, when we operate as a business associate of a healthcare provider.

5.              No Automatic Information Collection. The App does not use technology to automatically collect information.

6.              Third-Party Information Collection. When your App Users 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: (a) analytics companies; (b) your and/or App Users mobile device manufacturer; and (c) your and/or App Users 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 Personal Information or they may collect information, including Personal Information, about your or users online activities over time and across different websites, apps, and other online services websites. They may use this information to provide you or users 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.

C.            Use of Information.

1.           We use information we collect about you or your App Users or that you or your App Users provide to us, including any Personal Information, to:

(a)            Provide you with the App and its contents, and any other information, products or services you request from us.

(b)           Fulfill any other purpose for which you provide it.

(c)            Carry out our obligations and enforce our rights arising from any contracts entered into between you and us, including for billing and collection.

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

(e)            Analyze the use of the CliniComp System and user data to understand and improve the CliniComp System.

(f)            Investigate potential or suspected threats to the CliniComp System or to the confidentiality, integrity or availability of the information CliniComp stores and maintains.

(g)           Prevent potentially prohibited or illegal activities.

2.           The usage information we collect helps us to improve our App and deliver a better and more personalized experience by enabling us to:

(a)            Estimate our audience size and usage patterns.

(b)           Speed up your searches.

(c)            Recognize you when you use the App.

D.            Sharing of Information.

1.           We may disclose aggregated information about you or your App Users, and information does not identify any individual or device; provided we do not disclose deidentified Patient information.

2.           We may disclose Personal Information that we collect or your App Users provide:

(a)           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 our assets, whether as a going concern or as part of bankruptcy, liquidation, or similar proceeding, in which Personal Information held by us about our App Users is among the assets transferred.

(b)           To fulfill the purpose for which you provide it.

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

(d)           To enforce our rights arising from any contracts entered into between you and us.

(e)            If we believe disclosure is necessary or appropriate to protect the rights, property, or safety of the Company, our customers or others.

(f)           For any other purpose disclosed by us when you provide the information.

(g)           With your consent.

3.           Subject to applicable law, we may disclose your Patients’ Personal Information and Protected Health Information that your App Users provide:

(a)            To other health care providers, laboratories, government agencies, insurance companies, organ procurement organizations, medical examiners or funeral directors, and other entities relevant to providing them with treatment options and support.

4.           We do not sell any information we collect about you or your App Users or that you or your App Users provide to us, including any Patient’s Personal Information and/or Protected Health Information.

5.           We do not disclose Personal Information to third parties for their direct marketing purposes.

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

1.           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.

F.             Accessing and Correcting Information; Right to Know and Data Portability; Right to Delete; and Right to Non-Discrimination.

1.           Your App Users can review and change their Personal Information by contacting their system administrator.

2.           Your App Users may also contact their system administrator to request disclosure of certain information about our collection and use of their Personal Information over the past 12 months. Once we receive their request and confirm their identity, we will disclose to your App Users: (a) the categories of Personal Information we collected about them; (b) the categories of sources for the Personal Information we collected about them; (c) our business or commercial purpose for collecting that Personal Information; (d) the categories of third parties with whom we share that Personal Information; (e) if we disclosed their Personal Information for a business purpose, identifying the Personal Information categories that each recipient category obtained; and (f) the specific pieces of Personal Information we collected about you (also called a data portability request).

3.           Your App Users may also contact their system administrator to request access to, correction, or deletion of any Personal Information your App Users have provided to us. Your system administrator should not accommodate a request to change information if they believe the change would violate any law or legal requirement or cause the information to be incorrect.

G.            Data Security.

1.           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.

2.           The safety and security of your information also depends on you and your App Users. Where we have given your App Users (or where your App Users have chosen) a password for access to our App, you and your App Users are responsible for keeping this password confidential. We ask you and your App Users not to share passwords with anyone. We urge you and your App Users 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.

3.           Unfortunately, the transmission of information via the internet and mobile platforms is not completely secure. Although we do our best to protect your and your App Users Personal Information, we cannot guarantee the security of 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.

H.            Minors.

1.           We do not knowingly allow individuals under the age of 18 to create accounts allowing access to our App.

2.           Without limiting the above, this App does allow persons age 18 and above – such as App Users – to provide, share and store personal information, including Protected Health Information, about others, including Patients who are minors. Any App User providing, storing or submitting information on behalf of a minor assumes full responsibility over the submission, use and transmission of such information.

I.              Changes to Our Privacy Policy.

1.           We may update our Privacy Policy from time to time. If we make material changes to how we treat Personal Information or Protected Health Information, we will post the new Privacy Policy on this page, https://clinicomp.com/fetal-mobile-app-privacy/ with a notice that the Privacy Policy has been updated.

2.           The effective date of the Privacy Policy is identified at the top of the page. If revised, the date the Privacy Policy was last revised will be identified at the top of the page. You and your App Users are responsible for ensuring we have an up-to-date active and deliverable email address for you and for periodically visiting this Privacy Policy to check for any changes. We recommend you review the Privacy Policy each time you visit the App to stay informed of our privacy practices.

J.              Information Retention.

1.           Our collection, use, and disclosure of information are generally governed by service agreements with Clients. Information maintained to provide these services to Clients is retained only for as long as we have a valid business purpose and in accordance with applicable law. We may retain archived information for a period of ten years (or longer if required by law) as necessary to comply with legal obligations, resolve disputes and enforce our agreements and other authorized uses under this Privacy Policy.

K.            Use in United States Only.

1.           This App is intended to be used only from and within the United States. As such, we make no representations and warranties that this App complies with applicable law outside the United States and we will not be responsible for your or your App Users use of this App outside the United States.

2.           We maintain information in the United States and in accordance with the laws of the United States, which may not provide the same level of protection as the laws outside the United States. By using this App and providing us with information, you and your App Users understand and agree your and their information may be transferred to and stored on servers located outside your resident jurisdiction and, to the extent you are a resident of a country other than the United States, you consent to the transfer of such data to the United States for processing by us in accordance with this Privacy Policy.

3.           If you use this App outside of the United States, you acknowledge and understand you are solely responsible for any and all legal consequences for violating applicable laws within your jurisdiction and you will have no right of recourse against us.

L.             Contact Information.

To ask questions or comment about this Privacy Policy and our privacy practices, please contact us at: privacy@clinicomp.com.