(Last revised: March 2021)
We may collect three types of data and information from our Users:
III. Any medical records, including clinical details of body parts or organs, physiological data, symptoms, testing, outcomes, medications, medication, therapy, education, laboratory, and any other health-related information is referred to as medical information.
For the lack of ambiguity, any Non-personal Information that is attached or related to Personal Information is considered Personal Information as long as the association or linking continues. In this sense, it’s important to remember that, according to the descriptions above and the characteristics of each specific item of Medical Information, Medical Information can be classified as either Personal Information or Non-Personal Information.
When you communicate with the Service, personal and medical information is gathered. This is information you provide us before you use the Services or through the use of the Service, such as when you enrol and open an Account, when you offer extra information about yourself and/or a Patient when using the Service, and when you administer an exam and communicate its results to a practitioner via Service, or when you contact us directly.
Any judgement or diagnosis based on or using those information is important. You are entirely responsible for the External Medical Information, and you understand that Health Lync can not verify or track such information, including (but not limited to) the quality or completeness of such External Medical Information.
When you use the Services, we gather personal information about you automatically. When you access or communicate with our Services, we immediately collect information from devices (including Health Lync diagnostic devices and smart devices) and apps that you use.This information includes:
Your use of the Service results in the collection of Non-Personal Information. We will be aware of your use of the Service and may compile, capture, and archive information about that use, either on our own or with the assistance of third-party providers as described below. Through the collection, compilation, and privacy protection of Personal Information provided by you, we can also collect Non-personal Information.
You recognise and understand that, in the course of delivering telehealth services, Health Lync records and preserves audiovisual Personal Information (and related materials) obtained by the Health Lync diagnostic devices and the App by you or on your behalf, and to you in the scope of your use thereof, including in your contact with your Clinician or healthcare provider using the Service.Health Lync will keep, process, and use those audiovisual recordings for the purposes set out below in compliance with the terms of this agreement.
Legal Basis for use
Purpose of use
We may use the Personal Information that we collect about you for the following purposes:
Health Lync will not share or otherwise allow access to any Personal or Medical Information it collects to any third party, except in the following cases:
(a) We must disclose Personal Information to comply with any applicable law, legislation, legal process, subpoena, or governmental request; law enforcement, legal prosecutions, except as allowed by law: We may disclose Personal Information to comply with any applicable law, rule, legal process, subpoena, or governmental request;
(d) Third Party Services: We work with a number of third parties to provide specific resources that help us develop and improve the Services. Providers of Services”). These Third Party Service Providers can have access to, and handle Personal Information that we gather, retain, use, interpret, process, and/or administer on our behalf. These Services Providers include hosting, database and server co- location services (e.g. Amazon Web Services), data analytics services (e.g. Google Analytics), session replay records for app analytic purposes such as crashes, functionality and usability (e.g. Crashlytics), remote access services (e.g. RedBand), data and cyber security services (e.g. Incapsula), fraud detection and prevention services (e.g. Amazon Web Services), e-mail and text message distribution and monitoring services (e.g. Active Campaign), payment processors (e.g. Instamed) dispute resolution providers, customer support and call center services (e.g. Iqor), and our business, legal and financial advisors (collectively, “Third Party Service Providers”). Except for incidents outside its fair control, it remain responsible for any Personal Information processing performed on its behalf by a Third Party Service Provider.
(e) Clinicians and Third-Party Professionals: Your Personal Information can be shared with or sent to Clinicians of your choosing. In addition, if your Physicians decide that they need clinical/medical consulting with a third party clinician, we can share your Personal Information with that third party specialist in order to provide you with the Services, if allowed by applicable legislation.
For the avoidance of doubt, Health Lync can pass and reveal Non-personal Information (including Medical Information that has been anonymized) to third parties or otherwise use it at its discretion.
Information about Users will be maintained, analysed, and stored by us and our approved affiliates and service providers in the United States and India, as well as in safe cloud storage provided by our third-party service provider as required.
You expressly agree to the collection and redistribution of your information to the locations mentioned above, including transfers outside of the jurisdiction under which the information was given.
We only keep your Personal Information for as long as it is necessary to provide you with our Services and to comply with relevant laws and regulations. Without further warning to you, we either erase it from our systems or anonymize it.
We will erase your Personal Information from our servers if you withhold your consent to us processing it (except to the degree that such data is required in whole or in part to conform with any relevant law or regulation and/or to respond to or protect against legal proceedings brought against us or our affiliates).
You will be entitled to receive the Personal Information you personally supplied us (excluding data we received from other sources) in a standardised, widely used, and machine-readable format, and you may have the right to send that data to another entity, subject to applicable law’s limits. We can make such access available through the Services.
Please email us at firstname.lastname@example.org if you want to exercise any of these privileges. We can ask for additional details to validate your identity and requirement while dealing with these requests. Please keep in mind that even if you ask us to delete your Personal Information, we can keep it in whole or in part to conform with any relevant law or regulation and/or respond to your request, or defend against legal proceedings versus us or our affiliates.
If you have reservations about your rights under local legislation, you should ask your local data protection authority to find out if these rights extend to you and for any other privacy-related questions.
You must be at least eighteen years old to create an account on our Services (18). We reserve the right (but not the obligation) to require proof of age at any time to ensure that children under the age of eighteen (18) are not using our Services, without relieving you of your duty to comply with the TOU and the terms hereof.
If you’ve added and listed a Patient under the age of 18, you’re declaring to Health Lync that you’re the patient’s parent or legal guardian, or that you’re a Clinician allowed to care for the patient.
You may use the Service to provide Medical Information on behalf of your child or dependent who is under the age of eighteen (18) by adding and listing them under your Account if you are a parent or guardian. In this situation, you (as parent or guardian) are solely responsible for ensuring that the information you send to Health Lync about your child is accurate and kept secure.
For Clinicians: If a Patient is under the age of eighteen (18), you hereby announce that you have all of the necessary consents, permissions, and rights to render health care to that Patient, including receiving, accessing, processing, sending, presenting, and supplying Medical Information on their behalf.
If we learn that an individual under the age of eighteen (18) is using our Services in violation of the terms set forth above, we will forbid and block any User from using our Services and will make every attempt to promptly remove any Personal Information collected (as such term is defined in herein with regard to such User).
When you connect or use the Service, we can use industry-standard technology to temporarily store some information on the Health Lync System and/or your smartphone or other mobile device (collectively, “Local Storage”), allowing us to automate the triggering of certain features and making your Service experience even more easy and effortless. The Local Storage used by the Service is generated every session and deleted from your local storage after your session expires, unless you have finished your effort to transfer Medical Records to the Health Lync Platform, in which case the information will remain on Local Storage until that completion. It’s also worth noting that, with the exception of a temporary local cache, we don’t use any local storage form.
If you provide us with your contact information via the Services or our website (not including any of your PHI) for the purpose of obtaining various offers from Health Lync related to the Health Lync Services, you hereby accept that we can use your contact information to contact you, remind you about our products and services that may be of interest to you, and send you marketing materials, including news and updates by transmission to the e-mail address or phone number you have provided.
You may withdraw your consent by sending us a written notice via email to the following address: Info@thehealthlync.com.
We take great care in integrating and preserving the Service and Site’s security, as well as our Users’ Personal Information. Our Services, or portions of them, are hosted on Amazon Web Services (AWS), which offers sophisticated security features. Health Lync follows industry-standard protocols and practises including secured transmission protocols and AES 256-bit encryption to protect the users’ personal information and prohibit it from being misused. However, we do not and cannot guarantee that unauthorized access will never occur.
To prevent unauthorised entry, we recommend that you use the best password combination available on your mobile device and use appropriate physical security measures.
Our privacy policies are designed to meet our commitments as a Business Associate under the Health Insurance Portability and Accountability Act of 1996 with respect to your health care provider (“HIPAA”). As needed by HIPAA and any Business Associate Agreement we may have with your healthcare provider, we will keep your Personal Information private.We recommend that you read your healthcare provider’s Notice of Privacy Practices, which explains how your healthcare provider can use and reveal your protected health information (PHI) to us and others.
To the degree permitted by Texas Health and Safety Code Section 181.154, the following notice is given: Subject to and in compliance with the terms hereof, PHI can be handled, transmitted, communicated, and in certain cases, disclosed in an electronic format. In the case of electronic disclosure for reasons other than medication, billing, health care procedures, or as otherwise allowed or necessary by state or federal statute, Health Lync will send you a written note and request a separate authorization.
By contacting us, you reflect that you have the authority to do so and that you will not intentionally supply Health Lync with details that infringes on the rights of third parties, including intellectual property rights. You further accept that, despite anything to the contrary herein, any and all rights, including intellectual property rights in the information given, shall be owned by exclusively to Health Lync, and Health Lync may use or refrain from using any such information at its sole discretion.
When speaking with Health Lync’s support and customer service staff, you do not disclose any medical information. Health data can be exchanged with clinicians, and the assigned support and customer service staff are not medical practitioners and cannot provide medical advice.