Privacy Policy

CareMetx Privacy Policy, Effective Date of January 1, 2020, Updated December 6, 2022

General Privacy Policy

CareMetx, LLC and all of its affiliates and subsidiaries (collectively referred to as, “CareMetx”), is committed to protecting the privacy of your information collected by CareMetx systems, websites, portals, and other interfaces (individually and collectively referred to as “Systems”).

This Privacy Policy (the “Policy”) describes CareMetx’s privacy practices and how CareMetx uses the information you provide when using our CareMetx Systems. By using CareMetx Systems, you agree to and consent to the collection and use of your information as described below. CareMetx is also referred to in this Policy as “We” and “Us.”

If you do not want Us to use your information as described in this Policy, please do not use CareMetx Systems. Additionally, and in accordance with applicable law, you may opt out of use of your information as described in this Policy by contacting CareMetx as described below in Section 10.

No Sale of Personal Information

CareMetx does not sell your information and will only use it as necessary for the program for which it is collected, or as otherwise described in this Policy.

1. About Us

CareMetx operates and manages its proprietary Systems to perform the services (collectively, the “Services”) you are accessing. Before We share any information, you provide, We will endeavor to ensure that you understand who will receive your information and why they are requesting it. If you do not want to share your information in the way described, you may decline to complete any agreement or authorization process or opt-out. You understand that if you do not agree or authorize the disclosure(s) necessary for the operation of a program, you may not be able to participate.

CareMetx Systems may provide you with links to websites of other organizations and companies (collectively, “Third-Party Sites”). Third Party Sites may offer you materials and services as well as links to other sites. CareMetx does not accept, and hereby disclaims, any responsibility or liability for any use of personal data collected or which otherwise may arise from any use or access of any Third-Party Sites. We strongly recommend that you read the privacy policies and any other terms and conditions before using or submitting any personal information or other data to any Third-Party Sites.

2. Information Collected

We collect information from individuals who visit the Systems (“Visitors”) and individuals who subscribe to use the Services (“Customers”). In order to be able to use the Services, Customers may have to electronically submit data or information (“Customer Data”). When signing up to use the Services, We may ask Customers for certain identifying information so that We can verify the Customer’s identity. The Customer Data that We may ask for may include, but is not necessarily limited to, name, birth date, address, practice name, specialty, address, email address, fax number, NPI number, DEA number, and Tax ID number. We may also request that you provide Us with a verification code that We send to you via email or other means. In some cases, We may request additional information to help verify your identity. If you choose to complete any agreement or attestation through any CareMetx Systems, We may request that you submit an electronic signature. When expressing an interest in obtaining additional information about the Services, We will require you to provide Us with personal contact information, such as name, address, phone number, email address, and other similar information, as necessary and applicable (“Required Contact Information”). As you navigate CareMetx Systems, We may also collect information through the use of commonly used information-gathering tools, such as cookies (“Website Navigational Information”). Website Navigational Information includes standard information from your web browser (such as browser type and browser language), your Internet Protocol (“IP”) address, and the actions you take on CareMetx Systems (such as, but not necessarily limited to, pages viewed, and the links clicked).

3. Use of Information Collected

We use the information you provide to Us to perform the Services offered through the Systems and as otherwise necessary or required by the program. Additionally, we may use Website Navigational Information and other Customer Data provided to operate and improve the Systems, as permitted by applicable law.

4. Website Navigational Information

We use commonly used information-gathering tools to collect Website Navigational Information. This section describes the types of Website Navigational Information that may be collected by CareMetx’s websites and portals (collectively referred to as, the “Site”) and how this information may be used.

Cookies

We may use cookies to make interactions with our Site easy and meaningful. When you visit our Site, one of our servers may send a cookie to your computer. Standing alone, cookies do not personally identify you. They merely recognize your web browser. We use cookies that are session-based and persistent. Session cookies exist only during one session. They disappear from your computer when you close your browser software or turn off your computer. Persistent cookies remain on your computer after you close your browser or turn off your computer. If you have chosen to identify yourself to Us, then We use session cookies containing encrypted information to allow Us to uniquely identify you. Each time you log into the Services, a session cookie containing an encrypted unique identifier that is tied to your account is placed your browser. These session cookies allow Us to uniquely identify you when you are logged into the Services and to process your online transactions and requests. Session cookies are required to use the Services. We use persistent cookies that we can read and use to identify browsers that have previously visited our Site. If you disable your web browser’s ability to accept cookies, you will be able to navigate the Site, but you may not be able to successfully use the Services. We may use information from session and persistent cookies in combination with Data about our Customers to provide you with information and operate the Services.

IP Addresses

When you visit a Site, we collect your IP addresses to track and aggregate non-personal information. For example, We use IP addresses to monitor the regions from which Customers and Visitors navigate our website. We also collect IP addresses from Customers when they log into the Services as part of the Company’s security features.

Third Party Cookies

From time-to-time, We may engage third parties to track and analyze usage and volume statistical information from individuals who visit our website. This information does not contain personal information or Customer Data.

5. How We Share Information Collected

We may share Customer Data with our service providers: (i) to ensure the quality of information provided; (ii) where required by the applicable program; or (iii) to perform the Services, as applicable. Unless described in this privacy statement, or the agreement/authorization that you may sign, We do not share, sell, rent, or trade any information provided with third parties. If you agree/authorize the sharing of your information, We will share your information with the party or parties described in that agreement/authorization.

We reserve the right to use or disclose information provided if required by law or if We reasonably believe that use or disclosure is necessary to protect our rights and/or to comply with a judicial proceeding, court order, or legal process. We may share information We collect to another entity as part of a sale, merger, or reorganization, if applicable. If you do not wish Us to share personally identifiable information you provide as described herein, or if you wish to examine or update any personal information you may have provided to Us, you may contact Us in accordance with Section 10 below.

6. Customer Data

Customers may electronically submit Customer Data to the Services for hosting and processing purposes. Such Customer Data will be used for the performance of Services or as required by the applicable program.

7. Security

We implement an ISO 27001 aligned and SOC2 Type 2 Audited security program, and a defense-in-depth control strategy. This includes but is not limited to:

• Policies and procedures governing Our security program;
• Encryption of all sensitive or regulated communications with TLS in transit and AES at rest;
• Strong Access controls on all sensitive or regulated systems. All infrastructure is hardened and tested via vulnerability scanning and penetration testing;
• Risk management policies and procedures including internal and external security testing and risk assessments; and
• Additional controls including but not limited to firewalls, WAF, IDS, and Anti-Malware.

This notwithstanding, nothing in this Policy constitutes a guarantee of security. Customers are responsible for maintaining the security and confidentiality of any verification codes that they may receive and of the systems and devices they use to access any Systems, Services or Sites.

8. Collection of Information from Minors

In accordance with the U.S. Children’s Online Privacy Protection Act of 1998, you are notified that We do not knowingly collect identifiable information from anyone under the age of 13 through the Site, nor is the Site intended for users younger than 13 years of age. If you are under 13, please do not use the Site or otherwise provide any information that would allow Us to identify you. We encourage parents and legal guardians to monitor their children’s internet usage and to help enforce this Policy by instructing their children to never provide identifying information through any website without their permission. Please contact Us in accordance with Section 10 if you discover an individual under 13 has submitted their information contrary to this Policy.

9. Changes to this Privacy Policy

We reserve the right to change this Policy, and when updated, the effective date of the new version will be at the top of this policy.

10. State Law Requirements

Some states have specific laws and regulations (collectively, “State Privacy Laws”) related to consumer privacy and the collection of Personal Information (as defined below). CareMetx’s policy is to comply with all State Privacy Laws, as applicable to CareMetx, including, without limitation, the California Business and Professions Code §22575-22579, the California Consumer Privacy Act of 2018, the California Privacy Rights Act, California Civil Code § 1798.83, known as the “Shine the Light” law, the Colorado Privacy Act, the Utah Consumer Privacy Act, the Virginia Consumer Data Protection Act, the Connecticut Data Privacy Act, all regulations related to the foregoing, and any other similar state laws or regulations enacted.

Accordingly, you may request certain information regarding our disclosure of Personal Information to any third parties or with any questions or requests to exercise your rights under applicable State Privacy Laws, as further described below.

Personal Information We Collect

We collect information that identifies, relates to, describes, references, is capable of being associated with, or could reasonably be linked, directly or indirectly, with a particular consumer or device, or otherwise to an identifiable natural person or individual (“Personal Information”). In particular, We have collected the following categories of Personal Information within the last twelve (12) months:

• Personal identifiers such as name, alias, address, unique personal identifiers, online identifiers, email address, account name, Social Security number, age, data of birth, gender, telephone number, fax number, driver’s license or state identification card number, insurance policy number, member number, education, employment, employment history, or other financial information, medical information, or health insurance information.
• Professional information such as NPI number, DEA number, and Tax ID number.
• Internet or other similar network activity such as browsing history, search history, geolocation data, Internet Protocol address, information on a consumer’s interaction with a website, application, or advertisement.
• Audio and video recordings.
  
  

Personal information does not include:

• Publicly available information from government records.
• De-identified or aggregated information.
• Information excluded from the scope of any applicable State Privacy Laws, such as, but not limited to, Protected Health Information covered by the Health Insurance Portability and Accountability Act of 1996 (HIPAA), information covered by the California Confidentiality of Medical Information Act (CMIA) or clinical trial data, and Financial Information covered by the Gramm-Leach-Bliley Act, and implementing regulations.

We obtain the categories of personal information listed above from the following categories of sources:

• Directly and indirectly from activity on our Site and Systems. For example, from submissions through our website portals or websites usage details collected automatically. Indirectly from you when you visit and interact with our Site or Systems.
• Directly from you when you submit information to Us when using our Services or otherwise. For example, if you submit a form to Us, or provide Us with information over the telephone, that contains your personal information in connection to your use of our Services.

Use of Personal Information

We may use or disclose the Personal Information We collect for one or more of the following business purposes:

• To provide you with information, products, or services that you request from Us.
• To provide you with email alerts, event registrations and other notices concerning our products or services, or events or news, that may be of interest to you.
• To improve our Site and present its contents to you.
• For testing, research, analysis, and product development.
• As necessary or appropriate to protect the rights, property, or safety of CareMetx, CareMetx’s clients, or others.
• To respond to law enforcement requests and as required by applicable law, court order, or governmental regulations.
• As described to you when collecting your personal information or as otherwise permitted under applicable State Privacy Laws.
• To evaluate or conduct 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 is among the assets transferred.

We will not collect additional categories of Personal Information or use the personal information We collected for materially different, unrelated, or incompatible purposes without providing you notice.

Disclosure of Personal Information

We may disclose your personal information to a third party for business purposes. When We disclose personal information for a business purpose, We enter a contract that describes the purpose and requires the recipient to both keep that personal information confidential and not use it for any purpose except performing the contract.

In the preceding twelve (12) months, We may have disclosed the following categories of personal information for a business purpose:

• Personal identifiers such as name, alias, address, unique personal identifiers, online identifiers, email address, account name, Social Security number, age, data of birth, gender, telephone number, fax number, driver’s license or state identification card number, insurance policy number, member number, education, employment, employment history, or other financial information, medical information, or health insurance information.
• Professional information such as NPI number, DEA number, and Tax ID number.
• Internet or other similar network activity such as browsing history, search history, geolocation data, Internet Protocol address, information on a consumer’s interaction with a website, application, or advertisement.
• Audio and video recordings.

We may disclose your personal information for a business purpose to the following categories of third parties:

• Pharmaceutical companies that manufacture the medication you are taking and/or sponsors the program you are enrolled in.
• Contracted Business Partners.
• Contracted Third Party Vendors.

Your Rights and Choices

State Privacy Laws provide consumers with specific rights regarding their Personal Information. This section describes your rights and explains how to exercise those rights.

Access to Specific Information and Data Portability Rights

You have the right to request that We disclose certain information to you about CareMetx’s collection and use of your Personal Information over the past 12 months. Once We receive and confirm your verifiable consumer request, We will disclose to you any of the following, as requested:

• The categories of Personal Information We collected about you.
• Where required by applicable State Privacy Laws, any categories of Personal Information We collect about you designated as sensitive under applicable State Privacy Laws.
• The categories of sources for the Personal Information We collected about you.
• Our business or commercial purpose for collecting that Personal Information.
• The categories of third parties with whom We share that Personal Information.
• The specific pieces of personal information We collected about you.
• If we disclosed your personal information and, if so, the personal information categories that each category of recipient received.

Deletion Request Rights

You have the right to request that We delete any of your Personal Information that We collected from you and retained, subject to certain exceptions. Once We receive, confirm, and verify your request, We will delete (and direct our service providers to delete) your Personal Information from our records, unless an exception applies under applicable State Privacy Laws.

We may deny your deletion request if retaining the information is necessary for CareMetx or our service providers to:

1. Comply with legal obligations.
2. Detect security incidents, protect against malicious, deceptive, fraudulent, or illegal activity, or prosecute those responsible for such activities.
3. Debug products to identify and repair errors that impair existing intended functionality.
4. Make other internal and lawful uses of that information that are compatible with the context in which you provided it.
5. Other reasons permitted by applicable State Privacy Laws.

Response Timing and Format

CareMetx endeavors to respond to a verifiable consumer request within 45 days of its receipt. If more time is required, We will inform you of the reason and extension period in writing, which may be as long as an additional 45 days (or a total response time of up to 90 days). If you have an account with CareMetx, We will deliver our written response to that account. If you do not have an account, We will deliver our written response by mail or electronically, at your option. Any disclosures We provide will only cover the 12-month period preceding receipt of a verified request. The response We provide will also explain the reasons We cannot comply with a request, if applicable. Where Applicable State Privacy Laws permit you to file an appeal, CareMetx will respond within the required time period.

Non-Discrimination

We will not discriminate against you for exercising any of your rights. Except where permitted by applicable State Privacy Laws, We will not:

• Deny you goods or services.
• Charge you different prices or rates for goods or services, including through granting discounts or other benefits, or imposing penalties.
• Provide you a different level or quality of goods or services.
• Suggest that you may receive a different price or rate for goods or services or a different level or quality of goods or services.

Exercising Your Rights

If you wish to exercise your rights under any applicable State Privacy Laws, you may contact CareMetx at:

Email: privacy@caremetx.com

Phone: 1-877-690-0220 (Toll Free)

Only you or a person authorized and/or registered by you to act on your behalf in accordance with applicable State Privacy Laws may make a request related to your Personal Information.

CareMetx will only provide access or data portability in response to a request the number of times required by applicable State Privacy Laws. All requests must:

• Provide sufficient information that allows CareMetx to reasonably verify you are the person about whom we collected the Personal Information or an authorized representative of that person.
• Describe your request with sufficient detail necessary to properly understand, evaluate, and respond to it.