Privacy Policy

Effective Date: October 20, 2016

Last Updated: January 26, 2022

 

IF YOU ARE EXPERIENCING A MEDICAL EMERGENCY, CALL 911, OR GO DIRECTLY TO THE CLOSEST EMERGENCY ROOM. The MYAVA patient communication platform and this Website do not provide you with medical advice. Sentara Technologies LLC is not a medical provider

Sentara Technologies LLC (“ST,” “us,” “our,” or “we”) respects and cares about your privacy rights. This Privacy Policy is designed to help you understand how we collect, use, and disclose Personally Identifiable Information you decide to share, the type of information we receive about you from your medical provider or third parties, and to help you make informed decisions when using our Services (as defined below).

This Privacy Policy only applies to the Services and your relationship with us. This Privacy Policy does not apply to your relationship with your medical provider. The use and disclosure of the healthcare information you provide to your medical provider is governed by the Federal Health Insurance Portability and Accountability Act of 1996, more commonly known as HIPAA, as well as state law. You can learn more about your HIPAA rights and protections and your medical provider’s obligations by contacting your medical provider to request a copy of his or her Notice of Privacy Practices.

Additionally, this Privacy Policy does not apply to companies that we do not own or control. Other services or organizations may have their own privacy policies and practices that govern the use of information you provide to them. For example, if you downloaded the MYAVA mobile application from a mobile app store, such as the Apple App Store® or Google Play™, each of these app stores have their own privacy policy and practices. This Privacy Policy also does not apply to individuals we do not employ, including any of the third parties to whom we may disclose information as set forth in this Privacy Policy.

The MYAVA patient communication platform includes a video conferencing feature, which allows you and your medical provider to communicate through a video call. IF YOU USE THE VIDEO FEATURE, YOU UNDERSTAND THAT YOUR VIDEO SESSION MAY BE RECORDED, STORED, AND, AS PERMITTED BY APPLICABLE LAW OR WITH YOUR CONSENT, MAY BE SHARED AND BY USING THE VIDEO CONFERENCING FEATURE YOU EXPRESSLY CONSENT TO HAVING YOUR VIDEO SESSION RECORDED, STORED, AND SHARED.

BY USING THE SERVICES, YOU AGREE WITH ALL OF THE TERMS OF THIS PRIVACY POLICY AND CONSENT TO THE COLLECTION, USE AND DISCLOSURE OF INFORMATION AS SET FORTH IN THIS PRIVACY POLICY. IF YOU DO NOT AGREE TO THIS PRIVACY POLICY, THEN PLEASE DO NOT USE THE SERVICES. You may stop using the Services at any time. You may also contact your medical provider with a request to unenroll you from the MYAVA patient communication platform.

If you have any questions or comments about this Website Privacy Policy or our privacy practices, please contact us by using one of the means listed on our contact us at info@healthkos.com .

  1. DEFINITIONS.

Certain capitalized terms, if not otherwise defined in this Privacy Policy, will have the meanings set forth in this Section.

1.1.        “Application” mean the MYAVA patient communication platform that allows you, your healthcare provider, and others that you authorize to monitor certain aspects of your health, and which you can (a) download from the official page for ST in the iTunes®, Google Play™, or Windows® Phone app stores, as available, and access with your username and password, or (b) access through the Website and log into with your username and password. Application includes any updates, enhancements, modifications, revisions, or additions to the Application made by ST and made available from time to time to end users.

 1.2.        “Services”

means collectively, the Application and the Website.

1.3.        “You” or “your” refers to the individual end user of the Services and includes, but is not limited to, the patient that is enrolled in the Application as well as an individual to whom the patient sent an invitation to participate in such patient’s healthcare.

 1.4.        “Website”

means the website located at www.healthkos.com and any communication you receive from us that links directly to this Privacy Policy. Website does not include Application.

  1. THE INFORMATION WE COLLECT, USE, AND DISCLOSE.

 2.1.        Personally Identifiable Information We May Collect and How We May Collect the Information.

Personally Identifiable Information We May Collect.

“Personally Identifiable Information” is information that identifies you as an individual, such as your name, telephone number, e-mail address, GPS location, unique device identifiers, your photograph, or a video or audio recording of you.

How We May Collect Your Personally Identifiable Information.

We may collect Personally Identifiable Information in a variety of ways, including when:

  • You use the functions and features on the Services. For example, when you submit your MYAVA Application, we may record your GPS location by collecting your GPS coordinates and other various sensor parameters. Also, when you use the video conferencing feature, the video session with you and your provider may be recorded, stored, and shared.
  • Your medical provider authorizes you to participate in the MYAVA patient communication platform and you or your medical provider register for an account to use the Services;
  • You contact us to request information by sending us an e-mail or communicate with us through the Application or a web form on the Website;
  • You authorized a third party with whom you have or had a relationship to provide us information about you. For example, we may receive Personally Identifiable Information about you from your medical provider;
  • You download, install, and login into the Application;
  • You use the Application to send messages via e-mail to others using the Services;
  • You connect and use medical devices to upload information about your healthcare into the Application;
  • You register for our publications or newsletters;
  • You submit comments to us through a contact form; or
  • You participate in a survey, contest, or other promotion.

How We May Use and Disclose Your Personally Identifiable Information.

We may use or disclosure your Personally Identifiable Information in a variety of ways and in a manner not prohibiting by law, including:

  • To your medical provider. For example, your medical provider will see the medical information you submit about yourself, such as, your blood glucose test results. Your provider may also see the non-healthcare information that the Application collects about you. For example, your medical provider may see the GPS location recorded by the Application when you submit your results or access the application and may use and disclose that information in connection with your healthcare;
  • To other healthcare providers and others connected with your care, including, for example, your insurance company, pharmacy, and skilled nursing facility;
  • To provide your information to the individual whom you invited to participate in your healthcare. For example, you may authorize us to send notifications about you and your healthcare to your family members;
  • To keep a record of your contact information and correspondence and use it to respond to your inquiries, fulfill your requests, and assist you with using the Services;
  • To send administrative information, such as information regarding the Services and changes to our terms, conditions, or policies;
  • To identify you to anyone to whom you contact through the Services;
  • If you enter into a contest or similar promotion, we may use the information you provide to administer those programs;
  • For our business purposes, such as improving or modifying our Services, identifying usage trends, quality improvement, to run our operations, and expanding our service and business offerings;
  • To our third-party service providers that provide services such as website hosting, information technology and related infrastructure, customer service, analytics, and other similar services;
  • To a third-party in the event of any reorganization, merger, sale, joint venture, assignment, transfer or other disposition of all or any portion of our business or assets or when evaluating entering into any such transaction; and
  • As we believe to be necessary or appropriate: (1) under applicable law; (2) to comply with legal process; (3) to respond to requests from public or government authorities; (4) to enforce our terms and conditions or other applicable contracts; (5) to protect our operations against, for example, security threats, fraud or other malicious activity; (6) to protect our rights, privacy, safety or property, or that of you or others using the Services; and (7) to allow us to pursue available remedies or limit the damages that we may sustain.

2.2.        Other Information We May Collect and How We May Collect the Information.

2.3.          

(A)         Other Information We May Collect

“Other Information” is any information that does not reveal your specific identity or does not directly relate to an individual, including, for example: (1) computer or device connection information, such as browser type and version, operating system type and version, device information, and other technical identifiers; (2) information collected through cookies and other technologies; (3) demographic information and other information provided by you; or (4) aggregated information, such as usage history and search history. If we combine Other Information with Personally Identifiable Information, the combined information will be treated as Personally Identifiable Information for as long as it remains combined.

How We May Collect Other Information.

We, and our third-party service providers, may collect Other Information in a variety of ways, including, but not limited to:

  • Through your browser or mobile device. Certain information is automatically collected by most browsers or through your mobile device, such as your computer type, screen resolution, operating system name and version, device manufacturer and model, language, and Internet browser type and version;
  • Using cookies, web beacons, and similar technologies. Our Services may use cookies and other technologies such as pixel tags, web beacons and HTML5 local storage. These technologies help us provide better services to you, tell us which parts of our Services people visit, and allow us to better measure the usability of our features, tools, and other services. We treat information collected by cookies and other technologies as non-personal information. You have a variety of tools available to control cookies and similar technologies, including controls in your browser to block and delete cookies;
  • IP address. Your IP Address is a number that is automatically assigned to the computer that you are using by your Internet service provider (ISP). An IP Address may be identified and logged automatically in our server log files, or those of our website hosting vendor, whenever a user accesses the Services, along with the time of the visit and the page(s) that were visited;
  • Analytics tools and third party services. We may use analytics tools and other third party services, such as Google Analytics, to collect information about use of our Services. These tools and technologies may collect and analyze different types of information, including, for example, cookies, IP addresses, device identifiers, referring and exit URLs, onsite behavior and usage information, feature use metrics and statistics, and other similar information. You may opt out of Google Analytics by visiting the Google Analytics opt-out page; and
  • By aggregating information.Aggregated Personally Identifiable Information does not personally identify you or any other user of the Services. We may aggregate information for a variety of reasons, for example, to calculate the percentage of our users that live in a particular state and perform trending analysis.

How We May Use and Disclose Other Information.

We may use and disclose Other Information for any purpose, except where we are required to do otherwise under applicable law. If we are required to treat Other Information, such as IP addresses or other similar identifiers, as Personally Identifiable Information under applicable law, then we may use it as described in “How We May Collect Other Information” section above, as well as for all the purposes for which we use and disclose Personally Identifiable Information, but we will treat these identifiers as Personally Identifiable Information.

2.4.        California Do Not Track Notice.

We do not track you over time and across third party websites to provide targeted advertising and therefore do not respond to Do Not Track (“DNT”) signals.

Some of the third parties that may have content embedded on our Website, such as social networking connectors (e.g., Facebook, Twitter) or advertising services (e.g., Doubleclick) set cookies in your browser as well as obtain information about the fact that a web browser visited the Services from a certain IP address. These services may track you across third party websites. Please read the privacy policies of these third party companies to learn how they respond to DNT signals.

You may opt out of the DoubleClick cookie by visiting the Google advertising opt-out page.

  1. HOW WE MAY COMMUNICATE WITH YOU.

We may communicate with you through various means including, for example:

(a)    visiting you in-person to assist you with using the Application;

(b)    sending you e-mail at the e-mail address that you provide when you register or for an account or to an e-mail address we otherwise obtain. For example, we may obtain your e-mail address from your medical provider;

(c)    calling you at the phone number, including a wireless number, that you provide or that we otherwise obtain. For example, we may return a phone message that you left for customer service; and

(d)    sending you letters at the address that you provide.

By providing us with your e-mail address, cellular or landline phone number, or your mailing address, you consent to us using such means to contact you. We may place such calls or texts to (i) notify you regarding your account; (ii) troubleshoot problems with your account or the Application; (iii) send you reminders related to our Services, your healthcare, or the healthcare of others; (iv) to discuss any past, current or future services provided by us; (v) poll your opinions through surveys or questionnaires; or (vi) as otherwise necessary to service your account or enforce our Website and Application Terms of Service, our policies, applicable law, or any other agreement we may have with you. We may share your phone number(s), including your wireless number, with service providers with whom we contract to assist us in pursuing these interests, but will not share your phone number(s) with third parties for their own purposes without your consent.

You understand that standard telephone minute message charges may apply.

  1. OUR COMMITMENT TO DATA SECURITY.

We care about your privacy and we use commercially reasonable efforts to secure the Application.

But, the communications on our Website, including, for example, any submissions through available forms, are sent through the standard HTTP protocol and may be delivered using regular e-mail. Information sent over HTTP is not encrypted. E-mail, while convenient, also poses several risks (e.g., e-mail is unreliable, can be forwarded, is not secure, etc.). We cannot guarantee the security of the information you provide to us through the Website, nor can we guarantee that the information you supply to us will not be intercepted while being transmitted to us.

Please do not send any sensitive, confidential, or otherwise protected information using regular e-mail or through the Website. Please provide such information through the communication mechanisms made available in the Application.

If you have any reason to believe or reasonably suspect any loss, theft or unauthorized use of the username or password you use to access the Application, your device, or that your access to the Application was compromised, you must immediately notify us by using the means listed on our contact us at info@healthkos.com  with attention to our Security Officer.

  1. DISCLAIMER.

 ST is not a medical provider and does not make clinical, medical, or other decisions related to your healthcare. ST or the Services are not a substitute for professional medical advice. If you have questions or concerns about your health, contact your medical provider for advice. Your medical provider has the sole responsibility for all decisions and actions taken or not taken involving your healthcare that is any way related to your use of the Services. THE INFORMATION MADE AVAILABLE ON OR THROUGH THE SERVICES SHOULD NOT BE RELIED UPON WHEN MAKING MEDICAL DECISIONS OR TO DIAGNOSE OR TREAT A MEDICAL CONDITION. USE OF THE APPLICATION DOES NOT CREATE A PHYSICIAN-PATIENT RELATIONSHIP.

While we and our subsidiaries make reasonable effort to ensure accuracy of the information on the Services, we do not guarantee the accuracy, and the information is provided with no warranty or guarantee of any kind.

  1. THIRD PARTY SERVICES AND LINKS.

This Privacy Policy addresses only the collection, use, and disclosure of information that we collect from you through our Services, through our interaction with you, or from interaction with your medical provider about you.

Our Services may contain links to other websites and third party services. The inclusion of a link on our Services to a website or third party service does not imply endorsement of the linked site or service by us, our affiliates, or third-party vendors. We do not exercise control over third party websites or their privacy practices. For example, we may include a link for you to connect with us on Facebook or to follow us on Twitter; each of these companies has their own privacy policy and practices and they may not be required to comply with federal laws to protect the privacy and security of Personally Identifiable Information. To understand how these entities use information that they receive from you or collect about you, please read their privacy policies or statements.

We are not responsible for the collection, usage, or disclosure of the policies and practices of other organizations, such as your Internet service provider or wireless carrier.

  1. CHOICES, ACCESS, AND DATA RETENTION.

You may update certain information about you, such as your phone number, through the Application. Certain other information about you may only be updated through your medical provider. For example, you may only make changes to your medical records through your medical provider.

We may use your Personally Identifiable Information to provide you the newsletters to which you subscribed, to advise you of changes and additions to our services, or to provide you details on upcoming events. You may opt-out of receiving these marketing messages by selecting the appropriate unsubscribe option included in the notice.

We may, from time to time, send you electronic notices regarding security, privacy and other administrative issues related to your usage of the Services. Because this information is important to your interaction with us, you cannot opt-out from receiving administrative messages.

We will retain your information for as long as needed to provide you with the Services, comply with our legal obligations, resolve disputes, and enforce our agreements.

  1. USE OF SERVICES BY MINORS.

We do not knowingly collect Personally Identifiable Information from individuals under the age of 13 and the Services are not directed to individuals under the age of 13. We request that these individuals not use the Services.

  1. INTERNATIONAL VISITORS.

The Services are controlled and operated from the United States, and are not intended to subject us to the laws or jurisdiction of any state, country or territory other than that of the United States. If any material on the Services is contrary to the laws of the place where you are when you access them, then we ask you not to use the Services. You are responsible for informing yourself of the laws of your jurisdiction and complying with them.

By using the Services, you consent to the transfer of information to the United States, which may have different and less restrictive data protection rules than those of your country.

  1. UPDATES TO THIS PRIVACY POLICY.

We may change this Privacy Policy from time to time. Please take a look at the “Last Modified” legend at the top of this page to see when this Privacy Policy was last revised. Any non-material changes to this Privacy Policy will become effective when we post the revised Privacy Policy on the Website or push the Privacy Policy out to the Application, as applicable.

If the changes are material, as solely determined by us, we will send you notice (the “Change Notice”) by e-mail, by posting it on the applicable page of the Website or Application, or by pushing the notice to your mobile device through the Application. But, it is your responsibility to check this Privacy Policy periodically for changes. Your continued use of the Services following the posting, the effective date of the changes, or the applicable date indicated in the Change Notice will mean that you accept and agree to the changes.

  1. GOVERNING LAW AND ENTIRE AGREEMENT.

The laws of the State of Florida, without regard to any conflicts of laws principles thereof, will govern the construction and interpretation of this Privacy Policy and the rights of the parties hereunder. The parties hereunder agree on behalf of themselves and any person claiming by or through them that the exclusive jurisdiction and venue for any action or proceeding arising out of or relating to this Privacy Policy or the Services will be an appropriate state or federal court located in Brevard County, Florida and each party irrevocably waives, to the fullest extent allowed by applicable law, the defense of an inconvenient forum.

This Privacy Policy and the Website and Application Terms of Service is the final, complete and exclusive agreement of the parties hereto with respect to the subject matter hereof and supersedes and merges all prior discussions between the parties with respect to such subject matter. Unless otherwise expressly modified in this Privacy Policy, all terms and conditions of the Website and Application Terms of Service remain in full force and effect.

  1. HOW TO CONTACT US AND HOW TO FILE A COMPLAINT.

Should you have other questions or concerns about this Privacy Policy, our privacy practices, or our use of your Personally Identifiable Information, please contact us by using one of the means listed on our contact us at info@healthkos.com .