EmmaWell (“EmmaWell”, “we”, or “us”) is committed to respecting the privacy of users of our Site and Service. This Privacy Policy (“Privacy Policy”) is intended to describe how EmmaWell collects, uses and discloses information in order to provide you with one or more services through www.emmawell.com, and our mobile applications (the “Site”) (collectively, the “Service”), and your rights in connection with that information.
The Service provides individuals accessing it with general information on health care and other general content pertaining to health and wellness topics, health and wellness education services, and access to wellness professionals and facilities offering their services via the Service (the “Practitioners”). This Privacy Policy applies to anyone accessing our Site or Service (collectively, “you”), including (a) casual visitors to our Site who do not sign up for an account (“Site Visitors”) and (b) individuals who have registered to use our Site or Service (“Registered Users”). This Privacy Policy is incorporated into our Terms of Use, as applicable, and your use of the Service and acceptance of the Terms of Use constitutes acceptance of this Privacy Policy and consent to uses and disclosures of your information as described herein. Terms used in this Privacy Policy that have been previously defined will have the same meanings as provided in our Terms of Use, as applicable. As with our Terms of Use, we may make changes to this Privacy Policy at any time. If we make any changes to our Privacy Policy, we will post the revised Privacy Policy to the Site and update the “Last Updated” date of the Privacy Policy.
Certain Practitioners who may provide you with health care services through www.emmawell.com may be subject to the Health Insurance Portability and Accountability Act (“HIPAA”). As such, access to, use and disclosure of your information by or to a Practitioner may be subject to a Practitioner’s “HIPAA Notice of Privacy Practices”. If applicable to your Service, a Practitioner’s HIPAA Notice of Privacy Practices will be made available to you at the time of the Service. The HIPAA Notice of Privacy Practices will describe how that Practitioner may use and disclose your information in accordance with HIPAA.
Please note that certain rights, requirements, and disclosures in this Privacy Policy may be subject to exemption or otherwise may not apply to you based, for example, on applicable law or regulations.
1. INFORMATION WE COLLECT
As described in this Privacy Policy, we may collect certain Personal Data from or about you in connection with your use of, or your submissions to, the Site and the provision of the Service. You are not required to provide all Personal Data identified in this Privacy Policy; however, please be advised that if you do not provide the Personal Data requested, we may be unable to provide some or all of the Services to you.
1.1 Categories of Personal Data
“Personal Data,” for purposes of this Privacy Policy, generally includes information that may be used to identify you. We may collect the following categories of Personal Data:
- Identifiers: Name, home and work address, phone number, email address, username and password, signature, employee or member identification number, policy or plan number, IP address.
- Medical and health insurance information: Information related to your wellness background, weight, height, lifestyle information, medication history, healthcare providers you visited, your reason for requesting a telehealth visit with a Practitioner, date of visit, medical history and condition, images or videos, diagnoses, treatment plans, prescription information, laboratory results, and other health-related information in order to provide the Service (“Health and Wellness Data”). We may also collect certain payment data and insurance information, such as insurance carrier, health plan eligibility, enrollment, and coverage, and information regarding your dependents (“Payment and Insurance Data”).
- Service information: Services purchased, obtained, and considered and Service history and tendencies.
- Biometric information: Physiological, biological, and behavioral characteristics, and genetic and health information.
- Internet or similar network activity: Browsing history, search history, clickstream patterns, session information, browser and operating system type, navigation paths, date/time stamps, cookie identifiers, language preferences, and other information about device characteristics and how you interact with our Site.
- Geolocation data: Physical location or device location, including zip code and Global Positioning System (“GPS”) data.
- Sensory data: Audio recordings, videos, images, and photographs which you may make available to us.
- Professional or employment-related information: Employer details and contact information, job title, office location, employee identification number.
- Inferences from other Personal Data: Preferences, behaviors, characteristics, number of persons in household, location.
1.2 Special Categories of Personal Data.
Certain categories of Personal Data may be subject to additional protections under applicable state or federal laws (“Special Categories”). We generally do not require you to submit Special Categories of Personal Data in order to visit our Site. However, as our Service provides general information on health care and other general content pertaining to health and wellness topics, we may need to collect certain Special Categories of Personal Data, such as individually identifiable health information, in order to provide the Service. We will comply with applicable laws when collecting, using and disclosing such Special Categories.
1.3 Precise Location Data.
As set forth in the chart above, we may collect certain location data about you, such as to connect you with Practitioners in your area. We may obtain information regarding your location or the location of your device through which you access our Service. For example, we collect general location data when you provide us with your zip code. In addition, if you use our mobile applications, our Service may obtain precise information about the location of your device with your express consent. Once you have consented to the collection of the precise location of your device, you may revoke this consent by managing your location services preferences through the settings of your device.
1.4 Cookies and Similar Technologies.
We may collect certain Personal Data using cookies and other technologies, such as web beacons, device IDs, geolocation, HTML5 local storage, Flash cookies, and IP addresses, as described further in this Privacy Policy. We specifically use browser cookies for different purposes, including cookies that are strictly necessary for functionality and cookies that are used for personalization, performance/analytics, and advertising. When you visit the Site, we may also automatically collect certain data about your device, including information about your web browser, IP address, time zone, language preferences, and information regarding your device and browser, including device identifiers. Additionally, as you browse the Site, we may collect information about the individual web pages or services that you view, what websites or search terms referred you to the Site, and information about how you interact with the Site. Our “Use of Cookies and Similar Technologies” section contains more information and options to control or opt-out of certain data collection or uses related to cookies and similar technologies.
1.5 De-identified and Anonymous Data.
We may create de-identified or anonymous data from Personal Data by removing any data components (such as your name, email address, or linkable tracking ID) that makes the data personally identifiable to you or through obfuscation or through other means. For example, we may use de-identified or anonymized data for product or business research and development pursuant to applicable law. Our use of de-identified or anonymized data is not subject to this Privacy Policy. Once de-identified or anonymized, this data is no longer considered Personal Data.
2. SOURCES OF INFORMATION AND PURPOSES OF COLLECTION
The following is intended to describe the various sources through which we may collect Personal Data and the purposes for which we collect it:
2.1 Sources of Personal Data:
- Registration Forms and Account Creation - We may collect Personal Data from you, your family members, or your authorized representatives during the account creation or registration process, through other forms or applications, or through discussions we have with you, your family, or your authorized representatives.
- Communications and Interactions with Us - We may collect Personal Data from you or your authorized representative when you communicate with us, including when you contact customer support, submit inquiries, request information from us, or participate in a promotion or survey.
- Use of Our Web and Mobile Applications - We may collect Personal Data from you or your device when you visit or interact with our applications.
- Visiting Our Marketing Website: We may collect Personal Data when you visit or interact with our marketing site.
- Social Media, Online Forums, and Advertisements - We may collect Personal Data from third-party platforms and sites, when you engage with our social media pages, online communities and forums, and when you mention us on your own or other social media pages, online communities, or forums, or when you interact with advertisements related to our services. Please note that online forums may be publicly accessible and other users may view information you post in the forums. We encourage you to exercise care in deciding what information and content you wish to disclose on the areas of the Sites that are accessible to the general public.
- Affiliates - We may collect Personal Data from our subsidiaries, joint ventures, and other companies under our common control (collectively, "Affiliates").
- Business Partners and Service Providers - We may collect Personal Data from our business partners and service providers. We may also collect Personal Data from other third parties who are authorized to act on our behalf.
- Practitioners - We may collect Personal Data from Practitioners, such as telehealth visit information, in order to provide the Service.
- Employers - We may collect Personal Data about you and your dependents, if applicable, from your employer to verify your eligibility to participate in and to provide the Service.
- Publicly-available Sources - We may collect Personal Data from publicly-available sources.
- Health Plans/ Payors - We may collect Personal Data from your health plan, insurer, or payor in order to assist you with verifying your eligibility for reimbursement of an applicable EmmaWell Service and to process claims and payment.
2.2 Purpose and Use of Personal Data Collection
We collect and use the sources and types of Personal Data as described above in order to operate the Site and perform the Service. This includes the following activities:
- Provide, perform, and enhance the Service – for example, we may collect and use Personal Data in order to create an account for you so that you may use the Service, de-identify or anonymize data for analytics purposes, or otherwise operate the Service.
- Verify eligibility for, and process claims and payment for the Service – for example, we may collect payment information from you, or information about your employer wellness program in order to determine your eligibility for, or process payment for the Service.
- Personalize the Service – for example, we may collect and use Personal Data in order to provide customized health and wellness content for you.
- Customer and technical support – for example, if you have trouble with your account or mobile application, if you contact us with questions, or for other technical support matters.
- Protect against unauthorized access, security incidents, fraud, and other malicious or illegal activity
- Comply with legal and regulatory obligations
- Market, advertise, and promote the Service
- Other purposes/uses described in this Privacy Policy or which we may obtain your consent for.
3. USE OF COOKIES AND SIMILAR TECHNOLOGIES
In order to help improve the Site and the Service, the Site may use cookies and similar technologies such as to improve user experience, for performance and analytics, and to improve our content and the Service. A “cookie” is a small text file that a web server stores in browser software. The purpose of cookies is to remember the browser over time and distinguish one browser instance (or user) from all others. Some cookies and other technologies may serve to track Personal Data previously entered by a web user on the Site. Cookies can remember login information, preferences, and similar information. We may use cookies to collect certain information about you and your use of our Service, such as IP addresses, domain names, and the type of device and operating system being used. We may also use cookies to identify your device when you revisit our Service to, for example, recall your authentication information or to track statistical information related to navigation throughout the Site.
Cookies, as well as other tracking technologies, such as HTML5 local storage, and Local Shared Objects (such as “Flash” cookies), and similar mechanisms, may record information such as a unique identifier, information you enter in a form, IP address, and other categories of data. We may also use web beacons or “pixels,” and in certain circumstances may collect, or our vendor may collect, IP address, screen resolution and browser software and operating system types, clickstream patterns, dates and times that our site is accessed, and other categories of data. Most browsers allow you to control cookies, including whether or not to accept them, and how to remove them. You may adjust your browser to refuse to accept cookies, remove cookies, or notify you when a cookie is set by editing your web browser preferences or options. (Each browser is different, so you should refer to the settings menu on your browser to change your cookie preferences.) Please note that if you choose to erase or block your cookies, you may not be able to use some features of the Service, or certain features may not function properly.
4. HOW WE SHARE THE INFORMATION WE COLLECT
We may process, use and disclose Personal Data for a variety of different purposes as set out in further detail in this Privacy Policy, including to provide the Service. In some cases, we may ask for your consent so that we may process, use and disclose your Personal Data. However, in certain circumstances, applicable data protection laws allow us to process, use and disclose your Personal Data without needing to obtain your consent. Subject to applicable law, the purposes for which we disclose Personal Data, and the legal basis for such processing, are set forth below. To the extent applicable law would prohibit sharing of certain categories of Personal Data in the manner described below, such as individually identifiable health information, or require your additional consent, we will comply with such laws. Once we share Personal Data, it is no longer subject to this Privacy Policy except as otherwise expressly indicated below.
4.1 Categories of Third Parties with Whom We Share Personal Data
- Affiliates - We may share Personal Data with our Affiliates. Where we share Personal Data with our Affiliates, we will require our Affiliates to honor this Privacy Policy.
- Practitioners - We may disclose Personal Data to Practitioners in order to provide the Service. For example, we may share information with Practitioners to schedule and fulfill telehealth and other appointments and for the Practitioners to provide you with health care services and for other treatment, payment, or healthcare operations purposes. In addition, when you communicate with us or submit information through the Site or Service, we may share that information with Practitioners to enable them to communicate with you. Please note that a Practitioner’s HIPAA Notice of Privacy Practices may apply to the Practitioner’s use and disclosure of your information, and will be made available to you at the time of the Service, if applicable to you.
- Technical and Operational, Service Providers, and Business Partners - We may engage third parties to perform certain functions on our behalf. To do so, we may disclose Personal Data to our third-party business partners and service providers in order to maintain and operate the Site and Service and provide, improve, and personalize the Service, including to fulfill requests for the Service, to host the Site and Service, for payment processing, for customer service and communications, and for other technical and processing functions, such as sending e-mails on our behalf, fulfilling orders, and technical support. We may also share Personal Data to service providers or other third parties to detect, protect against, and respond to security incidents or other malicious, deceptive, illegal or fraudulent activity or other threats and for legal compliance purposes or pursuant to legal process.
- Clearinghouse Entities and Program Administrators - We may share limited Personal Data with certain third parties, such as clearinghouse entities, in connection with your participation in employer wellness programs, if applicable to you and your employer, and for statistical and analytic purposes.
- Analytics Providers - We may share Personal Data with third-party providers for data analytics purposes.
- Marketing and Advertising – We may share Personal Data collected from your interactions with our Marketing website, Social Media, Online Forums and Advertising websites with marketing and advertising developers and third party, such as related to promoting a Service you may be interested in.
- Social Media Networks - We may use widgets and tools from social networks to enable sharing and other functions through social networks. For additional information on the use of social network sharing widgets, please refer to the “Social Network Widgets” section of this Privacy Policy.
- Employers - In the event that your access to the Site and use of the Services are offered in connection with a program offered or supported by your employer, we may disclose certain group health results with your employer. Except as otherwise permitted by applicable law, the information we share with employers is aggregated and not personally identifiable to individual employees.
- Business Transactions - Subject to applicable law, we reserve the right to transfer some or all Personal Data in our possession to a successor organization in the event of any reorganization, merger, sale, joint venture, assignment, transfer, liquidation, or other disposition of all or any portion of our business, assets, or stock. If any such transaction occurs, the purchaser will be entitled to use and disclose the Personal Data collected by us in the same manner that we are able to, and the purchaser will assume the rights and obligations regarding Personal Data as described in this Privacy Policy. With respect to transfers to third party agents of EmmaWell under the Privacy Shield, the Privacy Shield requires that EmmaWell remain liable should those agents process your information in a manner inconsistent with the Privacy Shield Principle.
- Health Plans/ Payors - We reserve the right to share Personal Data with your health plan, insurer, or payer in order to verify eligibility for EmmaWell telehealth services and to process payment or submit claims
4.2 Categories of Personal Data We Share
- Identifiers
- Medical and health insurance information
- Service information
- Biometric information
- Internet or similar network activity
- Geolocation data
- Sensory data
- Professional or employment-related information
- Inferences from other Personal Data
5. AMENDMENTS / WITHDRAWING YOUR CONSENT
You may update or correct certain information in the Site, such as update your demographics in your account. If you need to update or amend any health information that you provided to or that was provided by a Practitioner, you should contact the Practitioner directly to request any such updates or amendments.
In most cases, we need to process certain of your Personal Data in order to fulfill our contractual obligations to you and for our legitimate interests. In some cases, you may have a right to object to the processing of your Personal Data. Please note that, subject to applicable law, we may continue to process your Personal Data even where you object under certain circumstances. Where consent is the basis of processing, you may at any time stop using the Service and withdraw the consent you provided for the processing of your Personal Data for the purposes set forth in this Privacy Policy by contacting us at [email protected], provided that we are not required by applicable law or professional standards to retain such information.
If you would like to stop receiving our maternal guidance app text messages or other notifications and updates, you may do so by following the unsubscribe instructions that appear in these communications, or you may contact us at [email protected] to opt out. Please be advised that you may not be able to opt-out of receiving certain service or transactional messages from us, including legal notices. Please note that if you do not provide consent, if you withdraw your consent or object to processing, or if you choose not to provide certain Personal Data, we may be unable to provide some or all of the Services to you.
6. DO-NOT-TRACK
Do-Not-Track is a public-private initiative that has developed a “flag” or signal that an Internet user may activate in the user’s browser software to notify websites that the user does not wish to be “tracked” by third-parties as defined by the initiative. Please note that the Site does not alter its behavior or use practices when we receive a “Do Not Track” signal from browser software.
7. SOCIAL NETWORK WIDGETS
Our Site may include social network sharing widgets that may provide information to their associated social networks or third-parties about your interactions with our web pages that you visit, even if you do not click on or otherwise interact with the plug-in or widget. Information is transmitted from your browser and may include an identifier assigned by the social network or third party, information about your browser type, operating system, device type, IP address, and the URL of the web page where widget appears. If you use social network tools or visit social networking sites, we encourage you to read their privacy disclosures to learn what information they collect, use, and share.
8. USE BY MINORS
Our Service is intended for use by individuals 18 years of age or older. We do not knowingly collect information from individuals under the age of 13 years without parental consent. However, if you are a parent, legal guardian, or personal representative of a minor child, you may, in compliance with the Terms of Use, use our Service on behalf of such minor child. Any information you provide us on behalf of your minor child will be treated in accordance with this Privacy Policy. If we learn that we have received any information from an individual under the age of 13 without parental consent, we will take steps to remove the data as permitted by law. If you believe an individual under 13 years of age has provided us with Personal Data without parental consent, please contact us at [email protected].
9. LINKS TO OTHER SITES
Our Site may contain links or otherwise provide access to another website, mobile application, or Internet location (collectively “Third-Party Sites”). For example, when you choose to visit or contact a medical professional or other third party through its website in response to your request for a recommendation, you may be providing information (including Personal Data) directly to Third-Party Sites outside of EmmaWell. Please note that we have no control over and are not responsible for Third-Party Sites, their content, or any goods or services available through the Third-Party Sites. Our Privacy Policy does not apply to Third-Party Sites. We encourage you to review the Notice of Privacy Practices of each Practitioner who provides you with services and the privacy policies of any website or application with which you interact.
10. SECURITY OF INFORMATION
We implement technical and organizational security measures designed to safeguard Personal Data. Please note, however, we cannot fully eliminate security risks associated with the storage and transmission of Personal Data. You also must keep your password secure and your account confidential. If you have reason to believe that the security of your account has been compromised, please notify us immediately in accordance with the “Contacting Us” section below.
11. DATA RETENTION
We will retain your Personal Data for as long as is necessary to fulfill the purposes for which we obtained the Personal Data, including to provide the Service, or for such longer period as may be required or permitted by applicable law. We will also retain your Personal Data as necessary to comply with our legal obligations, resolve disputes, and enforce our agreements.
12. TRANSFER OF DATA TO THE U.S.
Please note that if you are visiting the Site from outside of the United States, your information may be transferred to, stored, and/or processed in the United States. The data protection and other laws of the United States and other countries might not be as comprehensive as those in your country. If you are located outside of the United States, the transfer of Personal Data may be necessary to provide you with the requested information and Service and/or to perform any requested transaction. By using any portion of the Site, you acknowledge and consent to the transfer of your information to our facilities in the United States.
13. UPDATES TO THIS POLICY
We may update this Privacy Policy from time to time. The most recent version of the Privacy Policy is reflected by the version date located at the top of this Privacy Policy. We encourage you to review this Privacy Policy often to stay informed of how we may process your information.
14. CONTACTING US
If you have any questions about this Privacy Policy, please contact us by email at [email protected] or by postal mail at:
EmmaWell
P.O. Box 807
Ardmore, PA 19003