Effective Date: September 25th 2020
We collect data to provide the products and services you request, ease your navigation on the Site, communicate with you, and improve your experience using the Site. Some of this information is provided by you directly to us, such as when you schedule an appointment or book a demo. Some of the information is collected through your interactions with the Site. We collect such data using technologies like Cookies, action tags, and other tracking technologies, error reports, and usage data collected when you interact with our Site. Some of the information is collected from your use of, and interactions with, us and others on social media, including but not limited to Facebook®, Twitter®, LinkedIn®, and YouTube® (collectively “Social Media”).
The data we collect depends on the products, services, and features of the Site that you use, and includes the following:
When you visit the Site without creating an account, you can browse without submitting Personal Information about yourself. In general, we collect Personal Information that you submit to us in the process of creating or editing your account and user profile on the Site or that you submit to us voluntarily through your use of the Site. Information that identifies, relates to, describes, is capable of being associated with, or could reasonably be linked, directly or indirectly, with a particular consumer or household is “ Personal Information.”
In particular, the Site has collected the following categories of Personal Information from users in the last twelve (12) months. We obtain these categories of Personal Information with the methods described in more detail below.
A real name, alias, postal address, unique personal identifier, online identifier, Internet Protocol address, email address, account name, Social Security number, driver’s license number, passport number, or other similar identifiers.
B. Personal Information categories listed in the California Customer Records statute (Cal. Civ. Code § 1798.80(e)).
B. Personal Information categories listed in the California Customer Records statute (Cal. Civ. Code § 1798.80(e)). A name, signature, Social Security number, physical characteristics or description, address, telephone number, passport number, driver’s license or state identification card number, insurance policy number, education, employment, employment history, bank account number, credit card number, debit card number, or any other financial information, medical information, or health insurance information.
Some Personal Information included in this category may overlap with other categories.
C. Protected classification characteristics under California or federal law.
Age (40 years or older), race, color, ancestry, national origin, citizenship, religion or creed, marital status, medical condition, physical or mental disability, sex (including gender, gender identity, gender expression, pregnancy or childbirth and related medical conditions), sexual orientation, veteran or military status, genetic information (including familial genetic information).
D. Commercial information.
Records of personal property, products or services purchased, obtained, or considered, or other purchasing or consuming histories or tendencies.
E. Biometric information.
Genetic, physiological, behavioral, and biological characteristics, or activity patterns used to extract a template or other identifier or identifying information, such as, fingerprints, faceprints, and voiceprints, iris or retina scans, keystroke, gait, or other physical patterns, and sleep, health, or exercise data.
|F. Internet or other similar network activity.||Browsing history, search history, information on a consumer’s interaction with a website, application, or advertisement.||YES|
|G. Geolocation data.||Physical location or movements.||YES|
|H. Sensory data.||Audio, electronic, visual, thermal, olfactory, or similar information.||NO|
|I. Professional or employment-related information.||Current or past job history or performance evaluations.||NO|
|J. Non-public education information (per the Family Educational Rights and Privacy Act (20 U.S.C. Section 1232g, 34 C.F.R. Part 99)).||Education records directly related to a student maintained by an educational institution or party acting on its behalf, such as grades, transcripts, class lists, student schedules, student identification codes, student financial information, or student disciplinary records.||NO|
|K. Inferences drawn from other Personal Information.||Profile reflecting a person’s preferences, characteristics, psychological trends, predispositions, behavior, attitudes, intelligence, abilities, and aptitudes.||YES|
Personal Information does not include:
Additionally, the following types of personal information are excluded from the CCPA’s scope:
Certain individually identifying health information that you may provide to us is protected under HIPAA (“PHI”), which offers different protections than privacy laws such as the CCPA. When CareStack is acting as a “Business Associate” (as defined in HIPAA), and to the extent that you provide such PHI, we will handle your PHI in accordance with HIPAA requirements. This means that CareStack will only use or disclose your PHI as authorized by you or as otherwise permitted under the law.
Similar to other websites, we use tracking technologies to automatically collect certain technical information from your web browser, mobile, or other device when you visit our Site. This data may include, without limitation, your IP address, browser type and language, referring/exit pages and URLs, other browser history, platform type, number of clicks, landing pages, the pages you requested and viewed, the amount of time spent on particular pages, and the date and time of your visits. Our collection of this data, described in more detail below, allows us to provide more personalized services to you and to track usage of the Site.
We automatically derive and collect certain data based on your interactions with the Site using cookies and similar technologies (collectively, “Cookies”). Our collection of data through Cookies includes information about your browser and Site usage patterns, which may include your IP address, browser type, browser language, referring/exit pages and URLs, pages viewed, links clicked, whether you opened an email, and information about the device you use to access the Site. Our collection of this information allows us to improve your user experience in various ways, such as to personalize our display of the Site to you, to “remember” whether or not you are signed in, and to provide better technical support to you.
Please note: If you restrict, disable, or block any or all Cookies from your web browser or mobile or other device, the Site may not operate properly, and you may not have access to certain services or parts of the Site. We will not be liable for any interruption in, or inability to use, the Site or our services or degraded functioning thereof, where such are caused by your settings and choices regarding Cookies.
We may use Pixels to automatically record certain technical information about your interactions when you visit the Site or otherwise engage with us, to help deliver Cookies on our Site, or count users who have visited the Site. We may also include web beacons in our promotional e-mail messages or newsletters to determine whether you open or act on them for statistical purposes. “Pixels” are tiny graphics (about the size of a period at the end of a sentence) with unique identifiers used to track certain online actions, movements and related information of Site users. Unlike Cookies, which are stored on a user’s computer hard drive, Pixels are embedded invisibly on web pages or in HTML-based emails. The data we receive through Pixels allows us to effectively promote the Site to various populations of users, and to optimize external advertisements about the Site that appear on third-party websites.
We may obtain both personal and non-personal information about you from business partners, contractors, suppliers, and other third parties and add it to your account information or other information we have collected. We, and the third parties we engage, may combine information we collect from you over time, and across the Site, with information obtained from other sources. This helps us improve the information’s overall accuracy and completeness, and also helps us better tailor our interactions with you.
We collect precise geolocation data from you or your device, as well as your address information, e.g., shipping and billing address, when you set up your account and order our products or services. We also collect and use information about your general location (e.g., your state of residence) and can infer your approximate location based on your IP address in order to track our general Site usage or to tailor any pertinent aspects of your user experience to the region where you are located.
We may use or disclose the Personal Information identified above for one or more of the following business purposes (“Business Purpose”):
When you create an account with us and provide us with your email we may, subject to applicable law, use your email address to send you Site-related notices (including any notices required by law, in lieu of communication by postal mail), updates, news, and marketing messages. For example, when you register, you will receive a welcome email. If the Site or our services are temporarily unavailable, we may also send you an email notice.
Email communications you receive from us will generally provide an unsubscribe link or instructions allowing you to opt out of receiving future emails or to change your contact preferences. If you have registered for an account with us, you can also change your contact preferences within your account settings. Please remember that even if you opt out of receiving marketing e-mails, we may still send you important service information related to your account and the Site. If you correspond with us by email, we may retain the content of your email messages, your email address, and our responses.
We may use non-personally identifiable information, such as anonymized and/or aggregated Site usage data, in any manner that does not identify individual users for the purpose of improving the operation and management of the Site, including to develop new features, functionality, and services, to conduct internal research, to better understand Site usage patterns, to resolve disputes, to troubleshoot problems, to fulfill user requests, or for security and compliance purposes. Any non-personally identifiable information that is combined with Personal Information will be treated by us as Personal Information.
If you purchase or pay for products or services via the Site, the transaction may be handled by our service providers or third party vendor(s) responsible for processing your payment (“Payment Processors”). These entities have their own privacy policies and those terms will apply to you. Please be sure to review them at the links provided during payment processing.
When we disclose Personal Information for a Business Purpose, we enter into a contract that describes the purpose and requires the recipient to keep that Personal Information confidential and use only for performance of the contract, and not for any other purpose. We share or make your information available, including any Personal Information, in the circumstances described below.
In the preceding twelve (12) months, we have disclosed the following categories of Personal Information for a Business Purpose, as more fully described in Section 4:
We disclose your Personal Information for a Business Purpose to the following categories of third parties:
Please note: Affiliated persons or our third party service providers may augment, extend, and combine non-personally identifiable information with data from additional third party sources in order to assist us in our operation of the Site
Under the CCPA, the sale of Personal Information means “selling, renting, releasing, disclosing, disseminating, making available, transferring, or otherwise communicating orally, in writing, or by electronic or other means, a consumer’s Personal Information by the business to another business or a third party for monetary or other valuable consideration” (Cal. Civ. Code § 1798.140(t)(1)). We make your Personal Information available to third parties, subject to your right to opt-out. In the preceding twelve (12) months, we have made available the following categories of Personal Information:
We make your Personal Information available to the following categories of third parties:
We reserve the right to disclose all information collected via the Site, internally, to affiliates, or to third parties, for any lawful purpose or to prevent harm to us or others. For example, and without limitation, in our discretion we may disclose information to government regulators, law enforcement authorities or alleged victims of identity theft. We will notify you in the event of a government or legal request for your information unless otherwise prohibited by law.
You may always decline to provide your Personal Information to us. Registering for an account or otherwise providing your Personal Information is not required to access some of our online content. If you choose not to provide certain Personal Information to us, some of your experiences may be affected (for example, we cannot schedule an appointment without your name and certain contact information).
You may have the right under the CCPA to request that we disclose certain information to you about our collection and use of your Personal Information over the past twelve (12) months. Once we receive and confirm your verifiable consumer request, we will disclose to you:
You may have the right under the CCPA to request that we delete any of your Personal Information that we collected from you and retained, subject to certain exceptions. Once we receive and confirm your verifiable consumer request, we will delete (and direct our service providers to delete) your Personal Information from our records, unless an exception applies.
We may deny your deletion request if retaining the information is necessary for us or our service provider(s) or vendor(s) to:
If you are 16 years of age or older, you may have the right under the CCPA to direct us not to make your Personal Information available for valuable consideration at any time (the “right to opt-out”). We do not make available the Personal Information of consumers we actually know are less than 16 years of age, unless we receive affirmative authorization (the “right to opt-in”) from either the consumer who is between 13 and 16 years of age, or the parent or guardian of a consumer less than 13 years of age. Consumers who opt-in may opt-out at any time.
To exercise the right to opt-out please complete this form: https://www.carestack.com/legal/privacyoptoutform/ . Alternately, to exercise the right to opt-out or opt-in, you (or your authorized representative) may submit a request to us by sending us an e-mail at email@example.com or, once you make an opt-out request, we will wait at least twelve (12) months before asking you to reauthorize certain information sharing practices. However, you may change your mind and opt back in at any time by sending us an e-mail at firstname.lastname@example.org. We will only use Personal Information provided in an opt-out request to review and comply with the request.
To exercise the access, data portability, and deletion rights described above, please submit a verifiable consumer request to us by either:
Sending us an e-mail at https://www.carestack.com/legal/2020-1/accessordeletionrequest/
Only you, or a person registered with the California Secretary of State that you authorize to act on your behalf, may make a verifiable consumer request related to your Personal Information. You may also make a verifiable consumer request on behalf of your minor child.
You may only make such a request for access or data portability twice within a twelve-month period. The verifiable consumer request must provide sufficient information that allows us to reasonably verify you are the person about whom we collected Personal Information or an authorized representative, and describe your request with sufficient detail that allows us to properly understand, evaluate, and respond to it.
We cannot respond to your request or provide you with Personal Information if we cannot verify your identity or authority to make the request and confirm the Personal Information relates to you. Making a verifiable consumer request does not require you to create an account with us. We will only use Personal Information provided in a verifiable consumer request to verify the requestor’s identity or authority to make the request.
We endeavor to respond to a verifiable consumer request within forty-five (45) days of its receipt. If we require more time (up to ninety (90) days), we will inform you of the reason and extension period in writing. We will deliver our written response electronically. Any disclosures we provide will only cover the twelve (12) month period preceding the verifiable consumer request’s receipt. The response we provide will also explain the reasons we cannot comply with a request, if applicable. For data portability requests, we will select a format to provide your Personal Information that is readily useable and should allow you to transmit the information from one entity to another entity without hindrance.
We do not charge a fee to process or respond to your verifiable consumer request unless it is excessive, repetitive, or manifestly unfounded. If we determine that the request warrants a fee, we will tell you why we made that decision and provide you with a cost estimate before completing your request.
We will not discriminate against you for exercising any of your CCPA rights. Unless permitted by the CCPA, we will not:
However, we may offer you certain financial incentives permitted by the CCPA that can result in different prices, rates, or quality levels. Any CCPA-permitted financial incentive we offer will reasonably relate to your Personal Information’s value and contain written terms that describe the program’s material aspects. Participation in a financial incentive program requires your prior opt in consent, which you may revoke at any time.
We will not discriminate against you for exercising any of your CCPA rights. Unless permitted by the CCPA, we will not:
Most browsers are initially set up to accept Cookies, but you can reset your browser to refuse all Cookies or to indicate when a cookie is being sent. However, some features and services of the Site (particularly those that require sign-in) may not function properly if your Cookies are disabled. Similarly, if you choose to delete session objects from our Site, you may not be able to access and use all or part of the site or benefit from some or all of the information or features and services offered.
Some web browsers incorporate a “Do Not Track” (“DNT”) or similar feature that signals to websites that a user does not want to have the user’s online activity and behavior tracked. If a website that responds to a particular DNT signal receives the DNT signal, the browser can block that website from collecting certain information about that browser’s user. Not all browsers offer a DNT option and DNT signals are not yet uniform. For this reason, many websites, including the Site, do not respond to DNT signals.
We use certain physical, managerial, and technical safeguards designed to preserve the security of your information that we maintain in connection with your use of the Site. For example, we encrypt all data with secure sockets layer (SSL) or similar technologies when we transmit your data. This, however, does not guarantee that your information may not be accessed, disclosed, altered, or destroyed by any breach of our physical, technical or managerial safeguards. In the event that any of your Personal Information under our control is compromised as a result of a breach of security, we will take reasonable steps to investigate the situation and will notify you, as appropriate, in accordance with pertinent laws and regulations.
We or our third party hosting providers store Personal Information in operating environments that are safeguarded against public or unauthorized access and protected from internal access with physical and technical security measures. While these measures are helpful to safeguard your Personal Information after we receive it, no transmission of data over the internet is 100% secure.
Please be aware that we have offices in the United States. The Site is governed by United States law. If you are using any of our products or services from outside of the United States, your information may be transferred to, stored, and processed in the United States where our servers may be located. The United States might not offer the same level of privacy protection as the country where you reside or are a citizen. BY USING THE SITE, COMMUNICATING WITH US VIA MAIL, EMAIL OR TELEPHONE, OR OTHERWISE PROVIDING INFORMATION TO US, YOU CONSENT TO THE TRANSFER TO, AND PROCESSING OF, YOUR INFORMATION IN THE UNITED STATES.
Residents of the European Economic Area (“EEA”) may be entitled to rights under the GDPR. If you qualify, these rights are summarized below.
If you request to exercise your rights under the GDPR, we may require verification of your identity before we respond to any such request. If you are entitled to these rights, you may exercise the following rights with respect to your Personal Information that we collect and store:
You may exercise these rights free of charge. These rights will be exercisable subject to limitations as provided for by the GDPR. Any requests to exercise the above-listed rights may be made to: email@example.com. If you are an EEA resident, you have the right to lodge a complaint with a Data Protection Authority about how we process your Personal Information at the following website: https://edpb.europa.eu/about-edpb/board/members_en.
California Civil Code § 1798.83 permits users who are California residents to obtain from us once a year, free of charge, a list of third parties to whom we have disclosed Personal Information (if any) for direct marketing purposes in the preceding calendar year. If you are a California resident and you wish to make such a request, please send an e-mail with “California Privacy Rights” in the subject line to firstname.lastname@example.org.
While the Site is not intended for anyone under the age of 18, if you are a California resident who is under age 18 and you are unable to remove publicly-available content that you have submitted to us, you may request removal by contacting us at: email@example.com. When requesting removal, you must be specific about the information you want removed and provide us with specific information, such as the URL for each page where the information was entered, so that we can find it. We are not required to remove any content or information that: (1) federal or state law requires us or a third party to maintain; (2) was not posted by you; (3) is anonymized so that you cannot be identified; (4) you don’t follow our instructions for removing or requesting removal; or (5) you received compensation or other consideration for providing the content or information. Removal of your content or information from the Site does not ensure complete or comprehensive removal of that content or information from our systems or the systems of our service providers. We are not required to delete the content or information posted by you; our obligations under California law are satisfied so long as we anonymize the content or information or render it invisible to other users and the public.