Last Updated: December 17, 2020
PRIVACY POLICY
PerfectServe, Inc. (“PerfectServe”) and its subsidiaries, including but not limited to Lightning Bolt Solutions, Inc. (“Lightning Bolt”) and Telmediq Systems, Ltd. (“Telmediq”) (collectively the “Company,” “we” or “us”) realizes that privacy is an important issue, and we take your privacy seriously. Please read the following to learn more about how we collect, use and safeguard the information and data you may provide to us or we otherwise collect in connection with offering our advanced clinical communications platform. This Privacy Policy (“Policy”) is subject to modification and/or updates as set forth below under the caption “Updates to this Policy.”
This Privacy Policy applies to information and data you may provide to us or we otherwise collect from you via the www.perfectserve.com website, the www.lightning-bolt.com website, and the www.telmediq.com website (collectively the “PerfectServe Website(s)”), the speech-enabled telephone voice interfaces, the “PerfectServe Practitioner”, “PerfectServe Care Team”, “PerfectServe Charge Capture”, “Telmediq – HIPAA Messenger”, and “Lightning Bolt Solutions Balanced Physician Scheduler” mobile applications, any additional mobile applications available from the Company at the time this Policy was last updated (collectively, the “Services”). By using any of the Services, including accessing the website or downloading any of our mobile applications (collectively, the “Sites”), or voluntarily providing your information to us, you consent to the collection and use of all information as set forth in this Policy. If you do not agree to the terms of this Policy, please do not provide us with any information and do not use the Services.
This Privacy Policy applies only to information submitted or collected through the Services (other than as indicated below in this paragraph), and does not apply to any information that may be collected by the Company through any other means. This policy also does not apply to information about you collected by third party services, applications (such as through Google Docs), or websites or advertisements associated with, linked to or otherwise accessible from the Sites. In this regard, note that to the extent any credit card payment information (including the number, security code and expiration date) is submitted by you in connection with your use of the Sites or the Services, such information is not collected by the Company but rather is sent directly to a third party payment processor (currently Authorize.net). The information collected or received by such third parties (such as the third party payment processor), is subject to their own privacy policies and under no circumstances is the Company responsible or liable for the third party’s compliance therewith.
We collect personally identifiable information (i) when you register to become a user of the Services through the Sites, (ii) when you access and use the Services, (iii) when you “opt in” for certain services or features of the Sites, such as electing to receive our newsletter and other emails, (iv) when you voluntarily provide us with information through emails or providing comments on our Blog and (iv) automatically as further described below.
We also receive the automatic and passive data (both personally identifiable and otherwise) from the computer, mobile phone or other device you use to access the Sites and the Services, and when you interact with the Services. In this regard, the Services use common automated information gathering tools such as logs files that record usage activity. We, and third party providers of certain applications or functionality on our Sites (such as content sharing functionality from AddThis, Inc.) and analytics tools may also collect information through other monitoring technologies, in particular the following:
Via the Sites or when you register for or otherwise interact with the Services, the Company collects from you: (i) certain non-personal technical and other information, (ii) certain personally identifiable information and (iii) information regarding your usage of the Services.
Non-Registered Visitors or Users of the Sites – In general, if you visit or use the Sites without registering with the Company, you will be using the Sites anonymously; no personally identifiable information is collected (however, see below under the caption “Additional Disclosure For Mobile App Users”). In addition, we will collect certain non-personally identifiable information from non-registered users, as noted in “All Users” section below.
Registered Users – At the time you become a registered user of the Services, you will providing us with the following registration-related information for yourself and/or others within your practice or organization: full name, address, office, home and mobile phone numbers, fax numbers, e-mail addresses, contact modalities and information on the persons or practices that referred you to the Company. In addition, registered users may elect to enter and disclose through use of the Services sensitive information, such as personal health information.
When registered users interact with the Sites and/or the Services, we will capture information on transactions and user activity including:
Depending on how you use the Services, we may collect the following additional personally identifiable information and data:
All Users – Regardless of whether you are a registered or non-registered user, when you use the Sites various types of information are collected automatically and passively through log files, cookies and the other tools noted above under the caption ”How We Collect Information From You,” including your IP address (a number assigned to your computer when you use the Internet), the name of the web page from which you entered the Sites, type of browser or operating system you are using, the name of your Internet service provider, broad demographic data, your activity while using the Sites (including access times, duration of visit on each page, new and repeat visit information, exit page information, which links were clicked and in what quantity, as well as the aggregate number of links clicked, and other general usage activity), and data relating to malfunctions or problems occurring when you use your computer with the Sites. Such monitoring tools do not collect personally identifiable information such as name, address, telephone number, or e-mail address.
Tracking: We do not engage in the collection of personally identifiable information about your online activities over time and across third party websites or online services. Accordingly, we do not currently process or comply with any web browser’s “do not track” signal or other mechanisms that provide consumers with the ability to exercise choice regarding the collection of personally identifiable information about your online activities over time and across third party websites. However, we allow third-party companies (such as AddThis, Inc., as described below) to collect certain non-personally identifiable information when you visit our Sites which can be combined with non-personally identifiable information during your visits to other websites in order to provide advertisements about goods and services likely to be of greater interest to you. These companies typically use a cookie or a third party web beacon to collect this information. To learn more about this behavioral advertising practice, you can visit www.networkadvertising.org.
As noted, the PerfectServe Websites includes functionality provided by AddThis, Inc. This functionality allows our users to seamlessly promote, create links, share digital content/materials, and copy and paste content from our Site. This content gets marked or “tagged” and the sharing of which, and related data, can then be tracked on a non-personally identifiable basis by AddThis as a result of being tagged. AddThis also deploys cookies when an end user visits a page on any site containing a “AddThis Application” (e.g., a sharing icon or widget) in order to allow them to collect information on categories of content shared by such users and categories of user interests. Such cookies will be placed and used in accordance with AddThis Privacy Policy located at www.addthis.com/privacy/privacy-policy and are not intended to identify or collect end user information on a personally identifiable basis. Such data may be used to provide advertising of interest to such users. You may opt-out of receiving cookies from AddThis, Inc., through AddThis, Inc.’s opt out page, which can be found at http://sharethis.com/privacy/.
Other Discretionary Contact With Us - The Sites provide information on how to contact us electronically through the Sites and through email for purposes of sales inquiries, customer support, needs assessment and trials. Whenever you make any such contact, you will be providing us with your name and contact information, such as email address and phone number and business title, and hospital and/or physician group practice where you work or which you otherwise represent, and any information you choose to include in the text of your message.
If you make any comments on a blog or forum associated with our Sites, you should be aware that any personally identifiable information you submit there can be read, collected, or used by other users of these forums, and could be used to send you unsolicited messages. We are not responsible for the personally identifiable information you choose to submit in these blogs and forums.
The terms of this Policy generally apply to users of the “PerfectServe Practitioner”, “PerfectServe Care Team”, “PerfectServe Charge Capture”, “Telmediq – HIPAA Messenger”, and “Lightning Bolt Solutions Balanced Physician Scheduler” mobile applications, any additional mobile applications available from the Company at the time this Policy was last updated (the “Mobile Apps”). However, in addition, users of the Mobile Apps or those who merely download the Mobile Apps should note that the Mobile Apps collect and store types of personally identifiable information not usually obtained through typical web-based applications. These additional items of personally identifiable information include: device information (such as device OS version and device hardware), unique device identifiers (including device IP address), mobile phone number, geolocation data, as well as information regarding usage of the mobile device, including login times and usage activities log.
In addition, the Company has engaged the Pendo software development kit (“SDK”) to collect App ID on your device and product usage data which allows the Company to gather analytics and evaluate your behavior in using the Mobile Apps. Pendo does not share your data with any 3rd party data broker or Ads service. The data is collected solely to assist the Company in its understanding of the app usage and ability to target the relevant users with app-related messages.
Our Use of Information. We collect, retain, and use the information we collect via the Sites and Services for legitimate business purposes only: primarily to provide the Services which facilitate communications to and from your practice, patients and any hospitals who utilize the Services. This use will allow us to provide the Services as they exist today, but as we add innovative features in the future, the information we receive about you can be used in new ways.
We may use the information we collect about the transactions or interactions processed through the Services and how users interact with the Services to improve the Services, develop best practices for use of our Services and for clinical communications generally, to inform and educate the healthcare industry with regards to clinical communications, for articles and white papers. However, we will not publish or distribute the content of or any personally-identifiable information related to any transactions or interactions processed through the Services, except for limited purposes as explained in the Our Sharing of Information section below.
In addition, we may use the information we receive about you:
We use cookies and other automated and passive tools (such as log files) to gather broad demographic information for internal marketing and demographic studies; to help identify you as a Site user or a registered user and to monitor and personalize your use of the Sites so as to improve your user experience; to assess overall activity on the Sites, including monitoring interest in particular features of the Sites; and for internal operations, including troubleshooting, diagnosing problems with servers, data analysis, testing, research and service improvement. For instance, we use your browser information to help us understand which browsers we need to test our content against. Likewise, we use page visit information to identify how well our messaging is resonating with our visitors. Further, the usage activity logs are a requirement to meet Federal HIPAA regulations.
Where our vendors, such as AddThis, provide additional functionality on the Sites, we use any information they may collect on our behalf consistent with the foregoing and, if applicable, as described in any interface for that functionality.
Mobile Apps. The Company uses the information collected from your mobile device in a manner consistent with the foregoing. In addition, such information is used for the following three purposes. First, it is used by our support associates to support you if and when you have a problem with our Mobile Apps. Second, our product management team uses the information to make decisions about what devices and operating system versions to support. Finally, usage activity information is required to meet Federal HIPAA regulations.
While you are allowing us to use the information, we receive about you, you always own all of your information.
Our Sharing of Information. Your trust is important to us, which is why we don't share information we receive about you with others unless we have:
We do not sell or rent your personally identifiable information to third parties for marketing purposes.
We may share your personal information as follows:
As noted above under the caption “What Information Does the Company Collect From You,” information collected by AddThis through the Sites is used for online behavioral advertising purposes.
Legal basis for processing (EEA visitors only):
If you are a visitor from the European Economic Area (“EEA”), our legal basis for collecting and using the personal information described above will depend on the personal information concerned and the specific context in which we collect it.
However, we will normally collect personal information from you only where we need the personal information to initiate and agreement with you (e.g. to provide you with our Services), where the processing is in our legitimate interests and not overridden by your data protection interests or fundamental rights and freedoms, or where we have your consent. In some cases, we may also have a legal obligation to collect personal information from you. If we ask you to provide personal information to comply with a legal requirement or to perform a contract with you, we will make this clear at the relevant time and advise you whether the provision of your personal information is mandatory or not (as well as of the possible consequences if you do not provide your personal information).
Similarly, if we collect and use your personal information in reliance on our legitimate interests (or those of any third party), we will make clear to you at the relevant time why we need to use your personal information. If we process personal information in reliance on your consent, you may withdraw your consent at any time.
If you have questions about, or need further information concerning, the legal basis on which the Company collects and uses your personal information, please contact us using the contact details provided under the “Contact Us” section below.
Because security is important to both the Company and you, we maintain data handling and storage practices and procedures that are designed to maintain the integrity and confidentiality of the personally identifiable information (or “PII”) submitted to us, both during transmission and once we receive it. Industry standard internet security methods and technologies are used in an effort to prevent unauthorized access, maintain data accuracy, and ensure correct use of information. For example, where appropriate, when you enter sensitive information, such as personal health information, we encrypt that information using secure socket layer (“SSL”) technology. No method of transmission over the Internet or method of electronic storage is 100% secure, however. Therefore, while we strive to use commercially acceptable means to protect your personal information, we cannot guarantee its absolute security (for example, as a result of unauthorized acts by third parties that violate applicable law or the policies of the Sites and its service providers).
Data transmitted via the Sites (other than credit card payment information) is stored on servers which are owned or controlled by us and such data is store for as long as it is necessary to provide Services to you and others. Typically, information associated with your account will be kept until your account is deleted. For certain categories of data, we may also tell you from time to time about specific data retention practices. Where we are the data controller of personal information (for example, personal information relating to PerfectServe Website visitors, Attendees and individuals who register to use our Services), then we retain the personal information we collect where we have an ongoing legitimate business need to do so (for example, to provide you with our Services, to enable your participation in an event, and to comply with applicable legal, tax or accounting requirements). When we have no ongoing legitimate business need to process your personal information, we will either delete or aggregate it or, if this is not possible (for example, because your personal information has been stored in backup archives), then we will securely store your personal information and isolate it from any further processing until deletion is possible. If you suspect unauthorized access to your information, it is your responsibility to contact the Company immediately. Please be aware that data transmission is not always secure and we cannot warrant that information you transmit through the Sites is secure.
The Sites now or in the future may reference or provide links to third party services, websites, applications or products, including through third party advertisements. As noted under the caption “APPLICABILITY OF THIS POLICY,” this Policy does not apply to information about you collected by third party services, websites, applications or advertisements associated with, linked to or otherwise accessible from the Sites. The Company does not control and is not responsible for such third party services, applications, websites or advertisements, or for the privacy policies or information practices of such third parties or their services. You should review the privacy policies applicable to such third party services, applications, websites and advertisers.
The Company uses voluntarily provided information to provide the Services that you request and give you better customer service. In addition, we use your contact information to send you from time to time announcements (via email or other electronic means) of new Services, updates, promotional information and newsletters. You may unsubscribe or “opt out” from these emails and other communications at any time by following the opt-out link provided in any email received or by contacting us via email at [email protected]. Please allow ten (10) days to process such “opt-out” requests. Please note that even if you unsubscribe from promotional email messages, we may still need to contact you with important transactional information related to your account and your use of the Services. For example, even if you have unsubscribed from our email messages, we will still send you emails confirming your preferences needed to deliver our Services.
We collect, process, store, use, disclose, and dispose of personal information that you submit to us in accordance with applicable United States law. Please note that the personal information you submit to our Services will be transferred to the United States to be processed by us in order to provide this the Services to you or for such other purposes as set forth in this Policy. Any personal information or personal health information you submit to us is stored on servers in the United States and is not intended for use by anyone outside the US or its designated territories. If you are not a resident of the United States, you acknowledge and agree that we may collect, process, store, use, disclose and dispose your personal information, as discussed in this Privacy Policy, outside your resident jurisdiction, and it is your responsibility for ensuring whether such actions and the sharing of information with the Company through the Sites and use of the Services conforms to all local data protection laws applicable to you. In this regard, please be aware that United States law may offer different levels of protection for personal information than may be available in your country.
We strive to maintain the accuracy of any personally identifiable information that may be collected from you, and will use our commercially reasonable efforts to respond promptly to update our database when you tell us the information in our database is not accurate. It is your responsibility to ensure that such information is accurate, complete and up-to-date. You may obtain from us, by e-mail the registration information in our records and/or files. Information will be updated as soon as reasonably practicable. Removed information may persist in backup copies for a reasonable period of time but will not be generally available.
Once you are no longer a user of our Services, your account is permanently deleted from the Sites. It typically takes about one month to delete an account, but some information may remain in backup copies and logs for up to ninety (90) days.
Certain information is needed to provide you with Services, so we only delete this information after you delete your account. Some of the things you do on the Sites are not stored in your account, like entering credit card information. Such information may only be deleted in accordance with the privacy policy of the applicable third party. See above under the caption “Third Party Services, Advertisers and Applications.”
Notice to End-Users
Our Services are intended for use by healthcare enterprises. Where our Services are made available to you through a customer of ours, that enterprise is the data controller of your personal information. Your data privacy questions and requests should initially be submitted to the customer in its capacity as your data controller. The Company is not responsible for our customers’ privacy or security practices which may be different than this Policy.
You have certain choices available to you when it comes to your personal information. Below is a summary of those choices, how to exercise them and any limitations.
Correcting, updating and removing your information:
An individual who seeks to exercise their data protection rights in respect of personal information stored or processed by us on behalf of a customer of ours within the Services (including to seek access to, or to correct, amend, delete, port or restrict processing of such personal information) should direct his/her query to our customer (the data controller). Upon receipt of a request from our customer for us to remove the personal information, we will respond to their request within thirty (30) days. We will retain personal information that we process and store on behalf of our customers for as long as needed to provide the Services to our customers.
Accessing and updating or deleting your information:
In cases where we act as the data controller of your personal information, we will provide you with information about whether we hold any of your personal information upon request. We will respond to such requests within a reasonable timeframe. Please note, however, that we may need to retain certain information for record keeping purposes, to complete transactions or to comply with our legal obligations.
Deactivating your user profile:
If you no longer wish to use our Services, our customer may be able to deactivate your account. First, please contact customer with your request. If you are a customer and are unable to deactivate an end-user account through your administrator settings, please email [email protected]. Please be aware that deactivating your account does not delete your information; your information remains visible to other Service users based on your past participation within the Services.
Request that we stop using your information:
You may request that your personal information no longer be accessed, stored, used and otherwise processed where you believe that the Company does not have the appropriate rights to do so. For example, if you believe a Services account was created for you without your permission or you are no longer an active user, you can request that we delete your account as provided in this Policy. Where you gave us consent to use your personal information for a limited purpose, you can contact us to withdraw that consent. You can also opt-out of our use of your personal information for marketing purposes by contacting us, as provided below. When you make such requests, we may need time to investigate and facilitate your request. Please note that an end-user of a customer should first contact that customer with a request to stop access, storage, use of personal information. If there is delay or dispute as to whether we have the right to continue using your personal information, we will restrict any further use of your personal information until the request is honored or the dispute is resolved, provided the customer does not object (where applicable).
Opt-out of communications:
We offer those who provide personal contact information a means to choose how we use the information provided. You may manage your receipt of marketing and non-transactional communications by sending a request to privacy. You may opt-out of receiving promotional communications from us by using this unsubscribe link within each email. Even after you opt-out from receiving promotional messages from us, if you are an agent of a customer, then you will continue to receive transactional messages from us regarding our Services. You can opt out of some notification messages in your account settings.
Other data protection rights:
If you wish to exercise any other data protection rights that are available to you under your local data protection laws (such as the right to data portability or to data restriction) then please send your request to [email protected] and we will respond to your request in accordance with applicable data protection laws. You have the right to complain to your local data protection authority if you are unhappy with our data protection practices.
The Services are intended for healthcare professionals. Accordingly, in compliance with the Children’s Online Privacy Protection Act, 15 U.S.C. §§ 6501-06 and 16 C.F.R. §§ 312.1-312.12, the Company will not knowingly collect or solicit personal information from anyone under the age of 13 or knowingly allow such persons to register. If you are under 13, please do not attempt to register for the Sites or send any information about yourself to us, including your name, address, mobile device number, or email address. By using the Sites, you represent that you are not under 13 years of age.
The Company may, in the future, sell or otherwise transfer some or all of its assets to a third party. Your information, including personally identifiable information and technical and usage information we obtain from you directly or automatically via the Sites or your use of the Services, may be disclosed to any potential or actual third party purchasers of such assets and/or may be among those assets transferred.
The Company reserves the right to modify this Policy at any time, so please review it frequently. If we make any changes to this Policy, we will change the "Last Updated" date above. If we decide to change our Policy in regards to how we utilize any personally identifiable information, we will post a notice or link to those changes on our homepage. If we make other material changes to this Policy or if we change our email practices, we will notify you here, by email, or by means of a notice on our home page. If you use our Sites or Services after we post these changes, this indicates your acceptance of them.
Canada:
Personal information (as the term is defined in the Personal Information Protection and Electronic Documents Act of Canada (“PIPEDA”)) will be collected, stored, used and/or processed by the Company in compliance with the Company’s obligations under PIPEDA.
The Company’s Supplemental Privacy Policy for California Residents:
The California Consumer Privacy Act (“CCPA”), which is effective as of January 1, 2020, regulates how we handle personal information of California residents and gives California residents certain rights with respect to their personal information.
The Company is both a “business” and a “service provider” under the CCPA. The following supplemental privacy policy applies to information we collect in our role as a business—this is when we interact directly with you. When we act as a service provider (for example, by providing our services to another company that you interact with), we follow the instructions of the business that engaged us with respect to how we process your personal information. If you would like more information about how your personal information is processed by other companies, including companies that engage us as a service provider, please contact those companies directly.
This supplemental privacy policy is effective as of January 1, 2020, shall apply only to residents of California, and may be subject to change. The general privacy policy shall continue to apply to the extent that it applies to you as a resident of California. If you are a resident of California, we are required to disclose certain uses and disclosures in a certain format, as well as to inform you of certain rights you may have. Any capitalized terms used in this supplemental privacy policy shall have the same meaning as in the general privacy policy.
Information We May Collect:
We may collect the following categories of information:
For each category of information, we collect the information from a variety of sources, including directly from you, from your devices, from your social media profiles, and/or from third party providers. We collect the information to provide you with services, protect our customers and ourselves (including the services), and to improve the services. We do not share personal information with Third Parties as the term is defined under the CCPA.
Additional Disclosures:
We do not sell personal information of any individual, including personal information of minors under 16 years of age.
We have disclosed the following categories of personal information for a business purpose in the twelve (12) months prior to this Policy’s last update.
We have not disclosed any personal information for valuable consideration in the twelve (12) months prior to this Policy’s last update.
Your Rights:
You may have certain rights with respect to your personal information, including:
To exercise these rights, please submit a request by emailing [email protected]. Please be as specific as possible in relation to the personal information you wish to access. Once we receive your request, we will review it, determine whether we can verify your identity, and process the request accordingly. If we need additional information to verify your identity, we will let you know. We will respond to your request within forty-five (45) days of receipt, or notify you if we require additional time. If you would prefer, you may designate an authorized agent to make a request on your behalf.
Contact:
If you have questions regarding this Policy or about the Company’s privacy practices, please contact us by email at [email protected], or at:
PerfectServe, Inc.
Attn: Cooper N. Gallimore, Esq., Corporate Attorney & Chief Privacy Officer
2160 Lakeside Centre Way, Suite 301
Knoxville, TN 37922, United States
If you have questions or concerns regarding your privacy or security on our Sites or Services, feel free to contact us at [email protected].