Effective Date: January, 26th 2021
Solaborate Inc. together with its subsidiaries including without limitation (“Solaborate”, “Company” “we” or “us”) respect the privacy of the Users of our Services and are committed to protect the Personal and Medical Information that Users share with us in connection with the use of the Service.
This Privacy Policy (the “Privacy Policy”) is intended to describe our practices regarding the information we may collect from you when you use the Services (or any part thereof), the manners in which we may use such information, and the options and rights available to you.
Capitalized terms which are not defined herein, shall have the meaning ascribed to them in our Terms of Use available at www.solaborate.com/termsofuse (the “TOU”), which this Privacy Policy is incorporated thereto by reference.
BY ENTERING, CONNECTING TO, ACCESSING OR USING THE SERVICES (OR ANY PART THEREOF), YOU AGREE TO THE TERMS AND CONDITIONS SET FORTH IN THIS PRIVACY POLICY, INCLUDING THE COLLECTION AND PROCESSING OF YOUR PERSONAL AND MEDICAL INFORMATION (AS DEFINED BELOW). IF YOU DISAGREE TO ANY TERM PROVIDED HEREIN, YOU MAY NOT ACCESS AND/OR USE THE SERVICE IN ANY MANNER WHATSOEVER.
To the extent that you use the Services on behalf of a Patient who is not you, such use must be conducted solely in strict compliance with the TOU and the terms hereof and you shall be solely responsible to have or receive and hereby represent that you have or received the consent, authority, permission and approval of such Patient to provide the Personal Information detailed above and allow Solaborate to collect, store, and use such personal Information in accordance with this Privacy Policy. If you are acting on behalf of another Patient who is a minor, you must also follow the terms in Section 9 herein.
IMPORTANT:
PLEASE NOTE: YOU ARE NOT OBLIGATED TO PROVIDE US WITH ANY PERSONAL OR MEDICAL INFORMATION. YOU HEREBY ACKNOWLEDGE AND AGREE THAT YOU ARE PROVIDING US WITH SUCH INFORMATION AT YOUR OWN FREE WILL, FOR THE PURPOSES DESCRIBED IN SECTION 3 AND 4 BELOW, AND THAT WE MAY USE, PROCESS AND RETAIN SUCH PERSONAL OR MEDICAL INFORMATION IN ACCORDANCE WITH THIS PRIVACY POLICY AND SUBJECT TO ANY APPLICABLE LAWS AND REGULATIONS.
Information you provide directly to us. For certain activities, such as when you register, use our telemedicine services, subscribe to our alerts, or contact us directly, we may collect some or all of the following types of information:
We may collect various types of data and information from our Users: i. Personal Information, which is information that identifies an individual or may with reasonable effort identify an individual, either alone or in combination with other information, or may be of private or sensitive nature including Medical Information of a User, all unless anonymized; and ii. Non-personal Information, which is non-identifying and non-identifiable information, without particular reference to the identity of the User from or about whom such information was collected. iii. Medical Information, which is any medical information, including physiological data of the body parts or organs, physiological data, diagnosis, tests, results, treatments, prescription, therapy, counseling, laboratory and any other health related information.
For the avoidance of doubt, any Non-personal Information connected or linked to any Personal Information shall be deemed as Personal Information as long as such connection or linkage exists. In this context it is important to note that Medical Information may be categorized as either Personal Information or Non-Personal Information in accordance with the definitions above and the characteristics of each specific item of Medical Information.
Personal and Medical Information which is collected when you interact with the Service. This is information you provide to us when you access the Services or in the course of your use of the Service, including when you register and open an Account, when you provide additional information about yourself and/or about a Patient during your use of the Service, when you conduct an exam and communicate its results to a clinician via Service, or when you contact us directly.
We will not collect any Personal and Medical Information from you or related to you without your approval, which is obtained, inter alia, through your active acceptance of the TOU and this Privacy Policy.
Non-Personal Information is collected through your use of the Service. We may be aware of your use of the Service, and may gather, collect and record the information relating to such usage, either independently or through the help of our third-party services. We may also collect Non-personal Information through the analysis aggregation and anonymization of Personal Information provided by you.
You agree and acknowledge that in providing telehealth services Solaborate records and stores the audiovisual Personal Information (and related materials) related to the User’s communicated through the Service by you or on your behalf, and to you in the scope of your use thereof including in your communication with your Clinician or healthcare provider using the Service, and that Solaborate shall maintain and use such information in accordance with the terms hereof.
Legal Basis for use
We collect, process and use your Personal Information for the purposes described in this Privacy Policy, based at least on one of the following legal grounds:
Purpose of use
We may use the Personal Information that we collect about you for the following purposes:
Solaborate will not share or otherwise allow access to any Personal or Medical Information it collects to any third party, except in the following cases:
(a) Law enforcement, legal proceedings, and as authorized by law: We may disclose Personal Information to satisfy any applicable law, regulation, legal process, subpoena or governmental request;
(b) Protecting Rights and Safety: We may share Personal Information to enforce this Privacy Policy and/or the TOU, including investigation of potential violations thereof; to detect, prevent, or otherwise address fraud, security or technical issues; to respond to User's support requests; to respond to claims that any content available on the Service or the Site violates the rights of third-parties; to respond to claims that contact information (e.g. name, e-mail address, etc.) of a third-party has been posted or transmitted without their consent or as a form of harassment; and to protect the rights, property, or personal safety of Solaborate, any of its Users, or the general public;
(c) Our Affiliated Companies: We may share Personal Information internally with our family of companies for the purposes described in this Privacy Policy. In addition, when Solaborate or any of our affiliated companies is undergoing any change in control, including by means of merger, acquisition or purchase of all or substantially all of its assets, we may share Personal Information with the parties involved in such an event. If we believe that such change in control might materially affect your Personal Information then stored with us, we will notify you of this event and the choices you may have via e-mail and/or prominent notice on our website or Services;
(d) Third Party Services: We partner with certain third parties to provide selected services that are used to facilitate and enhance the Services. Service Providers"). Such Third-Party Service Providers may have access to, or process on our behalf Personal Information which we collect, hold, use, analyze, process and/or manage. These Services Providers include hosting, database and server co-location services (e.g. Microsoft Azure Services), data analytics services (e.g. Google Analytics), session replay records for app analytic purposes such as crashes, functionality and usability, remote access services, data and cyber security services, fraud detection and prevention services, e-mail and text message distribution and monitoring services (e.g. Twilio), payment processors (e.g. Stripe) dispute resolution providers, customer support and call center services, and our business, legal and financial advisors (collectively, "Third Party Service Providers"). We remain responsible for any Personal Information processing done by Third Party Service Providers on its behalf, except for events outside of its reasonable control.
(e) Clinicians and Third-Party Professionals: We may share with or allow Clinicians of your choice access to your Personal Information. Additionally, if your Clinicians, if so permitted under applicable law, determine that they require clinical/medical consultation with a third party clinicians, we may share your Personal Information with such third party professionals, in order to provide you with the Services. For avoidance of doubt, Solaborate may transfer and disclose to third parties or otherwise use Non-personal Information (which includes Medical Information which is Non-Personal including by being anonymized) at its own discretion.
Information regarding the Users will be maintained, processed and stored by us and our authorized affiliates and service providers in the United States, and as necessary, in secure cloud storage, provided by our third party service provider. While the data protection laws in the above jurisdictions may be different than the laws of your residence or location, please know that we, our affiliates and our service providers that store or process your Personal Information on our behalf are each committed to keep it protected and secured, pursuant to this Privacy Policy and industry standards, regardless of any lesser legal requirements that may apply in their jurisdiction.
By providing your information, you expressly consent to the place of storage and transfer described above, including transfers outside of the jurisdiction in which the information was provided.
We retain the Personal Information we collect only for as long as needed in order to provide you with our Services and to comply with applicable laws and regulations. We then either delete from our systems or anonymize it without further notice to you.
If you withdraw your consent to us processing your Personal Information, we will delete your Personal Information from our systems (except to the extent such data in whole or in part to comply with any applicable rule or regulation and/or response or defend against legal proceedings versus us or our affiliates).
In accordance with the law applicable to you, if for any reason you wish to modify, update, suspend the processing, revise and/or delete your Personal Information stored with us and identifying to you, ask for our confirmation as to whether or not we process your Personal Information, or delete your Account from the Service, you may do so by contacting your system administrator (the third party that provided you with access to the Solaborate Services) or Solaborate through Services’ appropriate channel (certain changes may be performed through the Hello Health App or Site while all changes and deletions of Accounts may be done by contacting Solaborate support at privacy@solaborate.com). We will delete any such Personal Information pursuant to any applicable privacy laws or otherwise de-identify any such Personal Information and thereby transform it to become Non-Personal Information. Note that we may retain your Personal Information in accordance with this Privacy Policy for a minimum period required to provide the Services subject to and as required by applicable laws or as required by us for archival purposes.
Subject the limitations pursuant to applicable law and if entitled for the same thereunder, you may also be entitled to obtain the Personal Information you directly provided us (excluding data we obtained from other sources) in a structured, commonly used, and machine-readable format and may have the right to transmit such data to another party. We may provide such access through the Services.
If you wish to exercise any of these rights, contact us at privacy@solaborate.com. When handling these requests, we may ask for additional information to confirm your identity and your request. Please note, upon request to delete your Personal Information, we may retain such data in whole or in part to comply with any applicable rule or regulation and/or response or defend against legal proceedings versus us or our affiliates.
To find out whether these rights apply to you and on any other privacy related matter, you can contact your local data protection authority if you have concerns regarding your rights under the local law.
To open an Account on our Services, you must be over the age of eighteen (18) and have the mental capacity to enter into a legal agreement. Without relieving you of your responsibility to comply with the TOU and the terms hereof we reserve the right (without obligation) to request proof of age at any stage so that we can verify that minors under the age of eighteen (18) are not using our Services.
If You have added and listed a Patient under the age of 18 or an Adult without mental capacity you hereby declare to Solaborate that You are the parent or legal guardian of such Patient or that you are a Clinician authorized to provide care for such Patient:
If you are a parent or guardian you may use the Service, to provide Medical Information on behalf of your child or dependent who is under the age of eighteen (18) or without mental capacity by adding and listing them under your Account. In such a case, you (in your capacity as parent or guardian) assume full responsibility for ensuring that the information that you provide to Solaborate about your child or dependent is kept secure and accurate.
For Clinicians: If a Patient is under the age of eighteen (18) or an adult without mental capacity, you hereby declare that you have all of the required consents, approvals, and rights to provide health services to such Patient including the receipt, access, processing, transmitting, displaying and providing Medical Information on the minor’s behalf.
In the event that it comes to our knowledge that a person under the age of eighteen (18) or an adult without mental capacity is using our Services, not in accordance with the above mentioned terms, we will prohibit and block such User from accessing our Services and will make all efforts to promptly delete any Personal Information (as such term is defined in herein with regard to such User).
If you provide us with your contact details through the Services or our website (separately from any of your PHI), for the purpose of receiving from Solaborate different offers with respect to the Solaborate Services, you hereby agree that we may use such contact details, in order to contact you, inform you regarding our products and services which may interest you, and send you other marketing material, including news and updates by transmission to the e-mail address or phone number you have provided.
You may withdraw your consent by sending us a written notice via email to the following address: privacy@solaborate.com.
Solaborate is responsible for taking all reasonable and appropriate steps for the protection of the confidentiality, availability, privacy, and integrity of information in its custody. This includes the preservation of information in case of intentional, accidental, or natural disaster. In addition, Solaborate is responsible for the maintenance and currency of applications that use this information.
Solaborate will use reasonable efforts to ensure that personally identifiable information is adequately protected from unauthorized disclosure.
Enforcement of Solaborate Information Security Policies and compliance with Federal and State regulations regarding information technology is the responsibility of the Information Security Officer. All Solaborate Information Security Policies are to be reviewed on an annual basis by the Information Security Officer (ISO) for compliance with the Solaborate Information Security Policy and Federal and State regulations.
We take great care in implementing and maintaining the security of the Service and the Site, and our Users’ Personal Information. Our Services, or parts thereof, are hosted on MICROSOFT AZURE, which provides advanced security features. Solaborate employs industry standard procedures and policies to ensure the safety of its Users’ Personal Information, and prevent unauthorized use of any such information, including secured transmission protocols and AES 256-bit encryption. However, we do not and cannot guarantee that unauthorized access will never occur. In case of the personal data breach, the notification toward the appropriate supervisory authorities shall be communicated within 72 hours after Solaborate has become aware of such event. Personal data breach notification will include information on data subjects affected, the types of data affected, the number of data subjects affected, improvements that have been made in order to prevent such an event in the future and more.
We urge you to use the strongest password combination available on your mobile device and employ reasonable physical security means to protect unauthorized access.
While using the Service you may encounter links to third party websites and/or services. Please be advised that such third-party websites and/or services are independent from Solaborate, and may use cookies and other webtracking technologies to collect Non-Personal and/or Personal Information about you. We assume no responsibility or liability whatsoever with regard to privacy matters or any other legal matter with respect to such third-party websites and/or services. We encourage you to carefully read the privacy policies and the terms of use of such third-party websites and/or services, as their terms, not ours, will apply to any of your interactions with such third parties. Solaborate has no control over the use of any information you provide by these third-party services.
Solaborate reserves the right to change this Privacy Policy at any time, so please re-visit this page frequently. We will provide notice of substantial changes of this Privacy Policy on the Service and/or we will send you an email regarding such changes to the e-mail address that is registered with your Account. Such substantial changes will take effect seven (7) days after such notice was provided on any of the above-mentioned methods. Otherwise, all other changes to this Privacy Policy are effective as of the stated “Last Revised” date, and your continued use of the Service or the Site after the Last Revised date will constitute acceptance of, and agreement to be bound by, those changes.
Our privacy practices are intended to comply with our obligations as a Business Associate with respect to your health care provider under the Health Insurance Portability and Accountability Act of 1996 ("HIPAA"). We will maintain the privacy of your Personal Information as required by HIPAA and by any Business Associate Agreement we might have with your healthcare provider. We encourage you to review your healthcare provider’s Notice of Privacy Practices, which describes how your Provider may use and disclose your PHI to us and others.
The following notice is made pursuant to Section 181.154 to the Texas Health and Safety Code to the extent applicable - Subject to and in accordance with the terms hereof, PHI may be stored, processed, conveyed, and in some instances, disclosed in an electronic format. Solaborate will provide you with a written notice and request a separate authorization in the event of electronic disclosure other than for the purpose of treatment, payment, health care operations, or as otherwise authorized or required by state or federal law.
You agree that you shall comply with our TOU Policy specifically section five (5) regarding your use of information. If you receive information about another customer of ours, you must keep the information confidential and only use it in connection with our services permitted to our policies and the applicable laws. You may not disclose or distribute any information about our users to a third party or use the information for marketing purposes unless you receive that user's express consent to do so. You may not send unsolicited emails to a customer or assist in sending unsolicited emails to third parties regarding our services without prior consent of ours.
The privacy and data protection laws that may apply include any associated regulations, regulatory requirements and codes of practice applicable to the provision of the services described in this agreement. For example, if you or your business is subject to the requirements of the General Data Protection Regulation (EU) 2016/679 (GDPR), The Health Insurance Portability and Accountability Act (HIPAA) or the California Consumer Privacy Act (CCPA), you will comply with such regulation with respect to the processing of personal data.
In complying with such laws, you will:
The Licensed Application may enable access to Licensor’s and/or third-party services and Websites (collectively and individually, “External Services”). You agree to use the External Services at your sole risk, always complying with applicable third-party terms of agreement. We are not responsible for examining or evaluating the content or accuracy of any third-party External Services, and shall not be liable for any such third-party External Services. Data displayed by any Licensed Application or External Service, including but not limited to financial, medical and location information, is for general informational purposes only and is not guaranteed by Solaborate or its agents. You will not use the External Services in any manner that is inconsistent with the terms of this TOU or that infringes the intellectual property rights of TOU or any third party. You agree not to use the External Services to harass, abuse, stalk, threaten or defame any person or entity, and that Solaborate is not responsible for any such case. External Services may not be available in all languages or in your Home Country, and may not be appropriate or available for use in any particular location.
To the extent you choose to use such External Services, you are solely responsible for compliance with any applicable laws. Solaborate reserves the right to change, suspend, remove, disable or impose access restrictions or limits on any External Services at any time without notice or liability to you.
Solaborate will use reasonable care and skill with respect to the provision of the Licensed Application and any External Services performed or provided by the Licensed Application to you. Solaborate does not make any other promises or warranties about the External Services and in particular does not warrant that:
Our Services includes software licensed under other open source software. We acknowledge all third party copyrights (“External Services”) where they have been used on this site and where we are aware of them being held under third party copyright. A list of acknowledged copyrights of our (“External Services”) can be found here: (“Open Source/Third-party License List”).
Depending on your primary place of residency, this Privacy Policy, its interpretation, and any claims and disputes related hereto, shall be governed by the following governing laws specified below, and any and all such claims and disputes shall be brought in, and you hereby consent to them being litigated in and decided exclusively by a court of competent jurisdiction located in the following locations:
a) If your primary residence is in the USA, EU or any other country in the world (with an exception for the Balkan Countries), the governing law and the exclusive jurisdiction shall be the laws of the state of Florida and the city of Tampa (respectively);
b) if your primary residence is in the Balkans (south-eastern Europe), the governing law and the exclusive jurisdiction shall be the laws of the Republic of Kosovo and the city of Pristina (respectively).
This Privacy Policy was written in English and may be translated into other languages for your convenience. If a translated (non-English) version of this Privacy Policy conflicts in any way with the English version, the provisions of the English version shall prevail.
If in any case you suspect a violation of Solaborate Policies from our side, a third-party vendor, clients or anyone in relation with the Policies published that have an impact in your usage of our services, you can raise your concern via our helpline at the email address: privacy@solaborate.com
Our reputation as a company that our users can trust is our most valuable asset, and it is up to all of us to make sure that we continually earn that trust. All of our communications and other interactions with our users should increase their trust in us.
Therefore, Solaborate prohibits retaliation against any user who reports or participates in an investigation of a possible violation of our policies, or the law. If you believe you are being retaliated against, please contact the Human Resources & Recruiting Department at hr@solaborate.com.
If you have any questions (or comments) concerning this Privacy Policy, you are welcome to send us an email at privacy@solaborate.com and we will make an effort to reply within a reasonable timeframe. By contacting us, you represent that you are free to do so and that you will not knowingly provide Solaborate with information that infringes upon third parties’ rights, including any intellectual property rights. You further acknowledge that notwithstanding anything herein to the contrary, any and all rights, including intellectual property rights in such information provided, shall belong exclusively to Solaborate, and Solaborate may use or refrain from using any such information at its sole discretion. You should not share any Medical Information when communicating with Solaborate’s support and customer service team. Medical Information should be shared with Clinicians, and the designated support and customer service teams are not healthcare professionals and cannot offer medical advice.
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