Tell Health Privacy Policy

Last modified December 2, 2019

1. Introduction
This Privacy Policy describes how Tell Health, Inc. collects and uses personal information about you through the use of our Website, and through email, text, and other electronic communications between you and Tell Health, Inc.

Tell Health, Inc. ("Tell Health," or "we," "our," or "us") respects your privacy, and we are committed to protecting it through our compliance with this policy.

This Privacy Policy (our "Privacy Policy") describes the types of information we may collect from you or that you may provide when you communicate through our mobile or desktop applications or similar platforms ("Apps"), or visit the website https://www.tell.health/ (our "Website") and our practices for collecting, using, maintaining, protecting, and disclosing that information.

This policy applies to information we collect:

  • * through our Apps;
  • * on our Website;
  • * in email, text, and other electronic messages between you and our Website;
  • * when you interact with our advertising and applications on third party websites and services, if those applications or advertising include links to this policy.

It does not apply to information collected by:

  • * us offline or through any other means, including on any other website operated by Tell Health or any third party;
  • * any third party, including through any application or content (including advertising) that may link to or be accessible from or on the Website.

Note, Tell Health is not a medical group. Any telemedicine consults obtained through our Apps are provided by independent medical practitioners including independent medical groups with networks of United States based health care providers (each, a "Provider"). Each Provider is responsible for providing you with a Notice of Privacy Practices describing its collection and use of your health information, not Tell Health. If you do not agree to be bound by those terms, you are not authorized to access or use our Apps or Website, and you must promptly exit the Apps or Website.

Please read this 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, your choice is not to use our Apps or Website. By accessing or using our Apps or Website, 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 our Website after we make changes is deemed to be acceptance of those changes, so please check this Privacy Policy periodically for updates.

2. Scope; Applicability to You
Where Tell Health is the data processor, we will only use your personal information as directed by our customers. We are not responsible for the privacy or data security practices of our customers.

Tell Health services offer its customers a platform that allows Providers to engage directly with patients. As part of our services, our customers (typically your Provider) may share your information with us for Tell Health to contact you about your experiences. When we are collecting information from you on behalf of our customers, we will only collect, use, and otherwise process your Personal Data as directed by our customers. Accordingly, this Privacy Policy does not apply to the extent we process Personal Data in the role of a data processor on behalf of our customers.

To this end, if you have received a survey from Tell Health on behalf of your Provider, this Privacy Policy does not apply to your information. For detailed privacy information related to when we process your information on behalf of a Tell Health customer, or if you need to access or delete any personal information we may have collected from you as permitted by applicable law, please reach out to the respective customer directly. If you are unsure what customer directed us to collect information on their behalf from you, please consult the survey invitation you received that directed you to our services. We are not responsible for the privacy or data security practices of our customers, which may differ from those set forth in this Privacy Policy. For more information, please also see Section 4, Information We Collect About You and How We Collect It.

In the event that Tell Health is not acting as a data processor, and your Personal Data is not otherwise excluded as set forth above, the following information applies to how we, collect, use, and share your Personal Data, e.g. via the Website.

3. Children Under the Age of 18
Our Website is not intended for children under the age of 18 and children under the age of 18 are not permitted to use our Website. We will remove any information about a child under the age of 18 if we become aware of it.

Our Website are not intended for children under 18 years of age. No one under age 18 may provide any information to or through the Website. We do not knowingly collect Personal Data from children under 18. If you are under 18, do not use or provide any information on our Website or on or through any of its features, including your name, address, telephone number, email address, or any screen name or user name you may use. If we learn we have collected or received personal information from a child under 18 without verification of parental consent, we will delete that information. If you believe we might have any information from a child under 18, please contact us at privacy@tell.health.

4. Information We Collect About You and How We Collect It
We collect different types of information about you, including information that may directly identify you, information that is about you but individually does not personally identify you, and information that we combine with our other users. This includes information that we collect directly from you or through automated collection technologies.
Generally

We collect several types of information from and about users of our Apps and Website, specifically information ("Personal Data"):

  • * by which you may be personally identified, such as name, e-mail address, telephone number, account ID or username, and any other identifier by which you may be contacted online or offline;
  • * that is about you but individually does not identify you, such as traffic data, logs, referring/exit pages, date and time of your visit to our Website, error information, clickstream data, and other communication data and the resources that you access and use on the Website or through our Apps; or
  • * about your Internet connection, the equipment you use to access our Website and Apps and usage details.

We collect this information:

  • * directly from you when you provide it to us;
  • * automatically as you navigate through the Website and Apps. Information collected automatically may include usage details, IP addresses, device information and information collected through cookies and other tracking technologies; and
  • * From third parties, for example, our business partners.
Information You Provide to Us

The information we collect on or through our Website is:

  • * information that you provide by filling in forms on our Website. This includes information provided at the time of registering to use our Website, using our Provider consultation services, purchasing products, or requesting further services. We may also ask you for information when you report a problem with our Website;
  • * records and copies of your correspondence (including email addresses), if you contact us; and
  • * details of transactions you carry out through our Website and Apps and of the fulfillment of your orders. You may be required to provide financial information before placing an order through our Website.
Information We Collect Through Automatic Data Collection Technologies

As you navigate through and interact with our Website or Apps, we may use automatic data collection technologies to collect certain information about your equipment, browsing actions, and patterns, specifically:

  • * details of your visits to our Website or Apps, such as traffic data, logs, referring/exit pages, date and time of your visit to our Website or Apps, error information, clickstream data, and other communication data and the resources that you access and use on the Website or Apps; and
  • * information about your computer, mobile device, and Internet connection, specifically your IP address, device ID, operating system, and browser type.

The information we collect automatically may include personal information or we may maintain it or associate it with Personal Data we collect in other ways or receive from third parties. It helps us to improve our Website and Apps and to deliver a better and more personalized service by enabling us to:

  • * estimate our audience size and usage patterns;
  • * store information about your preferences, allowing us to customize our Website and Apps according to your individual interests;
  • * recognize you when you return to our Website or Apps.

The technologies we use for this automatic data collection may include:

  • * Cookies (or browser cookies). We and our service providers may use cookies, web beacons, and other technologies to receive and store certain types of information whenever you interact with our Website or Apps through your computer or mobile device. A "cookie" is a small piece of data sent from a website and stored on the user's computer by the user's web browser while the user is browsing. On your computer, you may refuse to accept browser cookies by activating the appropriate setting on your browser, and you may have similar capabilities on your mobile device in the preferences for your operating system or browser. However, if you select this setting you may be unable to access certain parts of our Website. Unless you have adjusted your browser or operating system setting so that it will refuse cookies, our system will issue cookies when you direct your browser to our Website.
5. How We Use Your Information
We use your Personal Data for various purposes described below, including to:
  • *provide our Apps and Website to you;
  • *provide products and services to you;
  • *provide you with information you request from us;
  • *enforce our rights arising from contracts;
  • *notify you about changes; and
  • *provide you with notices about your account.

We use information that we collect about you or that you provide to us, including any Personal Data:

  • * to validate your account;
  • * to present our Website and Apps and their contents to you;
  • * to provide our products and services to you;
  • * to provide you with notices about your Tell Health account;
  • * to contact you in response to a request;
  • * to fulfill any other purpose for which you provide it;
  • * to carry out our obligations and enforce our rights arising from any contracts entered into between you and us;
  • * to notify you about changes to our Website and Apps or any products or services we offer or provide though them;
  • * in any other way we may describe when you provide the information; and
  • * for any other purpose with your consent.

For more information, see Section 7, Choices About How We Use and Disclose Your Information.

Some information Tell Health collects constitutes protected health information ("PHI") under the U.S. Health Insurance Portability and Accountability Act ("HIPAA"). As set forth above, your Provider will provide you with a Notice of Privacy Practices describing its collection and use of your health information, not Tell Health. Tell Health will use PHI only for the purpose for which it was collected and we only collect the information we need to fully perform our services and to respond to you or your Provider. PHI will not be used for any other purpose, including marketing, without your consent.

Further, we process Personal Data collected through our Apps in the role of a mere processor on behalf of a customer (and/or its affiliates) who is the responsible controller of the Personal Data concerned. We are not responsible for and have no control over the privacy and data security practices of our customers, which may differ from those set forth in this Privacy Policy. If your data has been submitted to us by or on behalf a Tell Health customer and you wish to exercise any rights you may have under applicable data protection laws, please inquire with the applicable customer directly. Because we may only access a customer's data upon instruction from that customer, if you wish to make your request directly to us, please provide to us the name of the Tell Health customer who submitted your data to us. We will refer your request to that customer, and will support them as needed in responding to your request within a reasonable timeframe.

6. Disclosure of Your Information
We do not share, sell, or otherwise disclose your Personal Data for purposes other than those outlined in this Privacy Policy. We disclose your Personal Data to a few third parties, including:
  • * our affiliates and third party service providers that we use to support our business;
  • * to a company we merge, acquire, or that buys us, or in the event of change in structure of our company of any form;
  • * to comply with our legal obligations;
  • * to affiliates and third parties for their own commercial purposes;
  • * to enforce our rights; and
  • * with your consent.

We do not share, sell, or otherwise disclose your Personal Data for purposes other than those outlined in this Privacy Policy. However, we may disclose aggregated information about our users, and information that does not identify any individual, without restriction.

We may disclose Personal Data that we collect or you provide as described in this privacy policy:

  • * to affiliates, contractors, service providers, and other third parties we use to support our business. The services provided by these organizations include providing IT and infrastructure support services;
  • * 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 Data held by Tell Health about our Website and App users are among the assets transferred;
  • * to fulfill the purpose for which you provide it. For example, we may disclose your personal information to a Provider;
  • * for any other purpose disclosed by us when you provide the information;
  • * with your consent.

We may also disclose your Personal Data:

  • * to comply with any court order, law, or legal process, including to respond to any government or regulatory request;
  • * to affiliates and third parties to market their products or services to you if you have not opted out of these disclosures. For more information, see Section 7, Choices About How We Use and Disclose Your Information;
  • * to enforce or apply our Terms of Use and other agreements, including for billing and collection purposes; and
  • * if we believe disclosure is necessary or appropriate to protect the rights, property, or safety of Tell Health, our customers, or others. This includes exchanging information with other companies and organizations for the purposes of fraud protection and credit risk reduction.
7. Choices About How We Use and Disclose Your Information
We offer you choices on how you can opt out of our use of tracking technology, disclosure of your Personal Data for our advertising to you, and other targeted advertising.

We do not control the collection and use of your information collected by third parties described above in Section 6, Disclosure of Your Information. These third parties may aggregate the information they collect with information from their other customers for their own purposes.

In addition, we strive to provide you with choices regarding the Personal Data you provide to us. We have created mechanisms to provide you with control over your Personal Data:

  • * Tracking Technologies and Advertising. You can set your browser or operating to refuse all or some cookies, or to alert you when cookies are being sent. If you disable or refuse cookies, please note that some parts of our Website may then be inaccessible or not function properly
8. Your Rights Regarding Your Information and Accessing and Correcting Your Information
You may review and change your personal information by logging into the Website or Apps and visiting your Account Preferences page.

You can review and change your Personal Data by logging into our Website or Apps and visiting either the Settings or Account Preferences sections of our Website or Apps. You may also notify us through the Contact Information below of any changes or errors in any Personal Data we have about you to ensure that it is complete, accurate, and as current as possible or to delete your account. We cannot delete your personal information except by also deleting your account with us. We may also not be able to accommodate your request if we believe it would violate any law or legal requirement or cause the information to be incorrect.

With respect to any PHI Tell Health may obtain, you have certain rights under HIPAA to access your data, to restrict use and disclosure of it, to request communication methods, to request corrections to your data, to receive an accounting of disclosures and to receive notice of any breach. See the Notice of Privacy Practices provided to you by your Provider for more information.

9. Do Not Track Signals
We currently do not use automated data collection technologies to track you across websites. We currently do not honor do-not-track signals that may be sent by some browsers.

Some web browsers permit you to broadcast a signal to websites and online services indicating a preference that they "do not track" your online activities. At this time, we do not honor such signals, but we currently do not use automated data collection technologies to collect information about your online activities over time and across third party websites or other online services (behavioral tracking).

10. Data Security
Information transmitted over the Internet is not completely secure, but we do our best to protect your Personal Data. You can help protect your Personal Data and other information by keeping your password to our Website and Apps confidential.

We have implemented measures designed to secure your Personal Data from accidental loss and from unauthorized access, use, alteration, and disclosure. We use encryption technology for information sent and received by us.

The safety and security of your information also depends on you. Where you have chosen a password for the use of our Website and Apps, you are responsible for keeping this password confidential. We ask you not to share your password with anyone.

Unfortunately, the transmission of information via the Internet is not completely secure. Although we do our best to protect your Personal Data, we cannot guarantee the security of your Personal Data transmitted to our Website and Apps. Any transmission of Personal Data is at your own risk. We are not responsible for circumvention of any privacy settings or security measures contained on the Website and Apps or in your operating system.

11. California Privacy Rights
Under some circumstances, California law may provide you with the right to obtain a list of third parties (if any) that we provide your Personal Data to for their own direct marketing purposes.

California Civil Code Section 1798.83 (California's "Shine the Light" law) permits users of our Website that are California residents and who provide Personal Data in obtaining products and services for personal, family, or household use to request certain information regarding our disclosure of Personal Data to third parties for their own direct marketing purposes. If applicable, this information would include the categories of Personal Data and the names and addresses of those businesses with which we shared your Personal Data with for the immediately prior calendar year (e.g. requests made in 2019 will receive information regarding such activities in 2018). You may request this information once per calendar year. To make such a request, please contact us using the Contact Information below.

12. Changes to Our Privacy Policy
We will post any changes to our Privacy Policy on our Website. If we make material changes to our Privacy Policy, we may notify you of such changes through your contact information and invite you to review (and accept, if necessary) the changes.

We may change this Privacy Policy at any time. It is our policy to post any changes we make to our Privacy Policy on this page with a notice that the Privacy Policy has been updated on the Website's home page. If we make material changes to how we treat our users' Personal Data, we will notify you by email to the email address specified in your account and/or through a notice on the Website's home page. The date this Privacy Policy was last revised is identified at the top of the page. You are responsible for ensuring we have an up-to-date active and deliverable email address for you, and for periodically visiting our Website and reviewing this Privacy Policy to check for any changes.

13. Contact Information
You may contact us through the contact information below.

If you have any questions, concerns, complaints or suggestions regarding our Privacy Policy or otherwise need to contact us, you may contact us at the contact information below or through the "Contact Us" page on our Website.

How to Contact Us:

Tell Health, Inc.
Attn: Privacy Officer
222 W Merchandise Mart Plaza #1230
Email: privacy@tell.health