Privacy Policy

Revised January 2016

Overview

This Privacy Policy applies to all visitors to, and users of, Unity Custom Care Inc.’s (“Unity,” “our,” “us,” or “we”) website www.unitycustomcare.com (“Website”), mobile application (“Mobile App”), the Patient Portal, the Physician Portal, Care Advisor Portal, Surgical ProGrid, and related patient care services (collectively, “Unity’s Products and Services”).

Unity respects the privacy of all visitors and users of Unity’s Products and Services and is committed to protecting privacy through our compliance with this Privacy Policy. We understand that Personal Information and Protected Health Information (both, defined below) are private, and we are dedicated to maintaining the accessibility, confidentiality and integrity of all such information. Users, subject to review and acceptance of this Privacy Policy, will have the option, using a user name and password subject to certain security criteria, to access and use Unity’s Products and Services.

Your Consent To This Privacy Policy

Please read this Privacy Policy carefully to understand our policies and practices regarding your information and how we will treat it. If you do not agree with our Privacy Policy, your choice is not to use Unity’s Products and Services or accept care provided by Unity. By accessing, using, reviewing and indicating your acceptance, you agree to our Privacy Policy. We may change this Privacy Policy from time to time, and while we will do our best to notify you of any changes it is your responsibility to review this Privacy Policy periodically. Your continued use of Unity’s Products and Services after we make changes is deemed to be an acceptance of those changes, so please check our Privacy Policy periodically for updates. When we do change the Privacy Policy, we will also update the “Revised” date at the beginning of this Policy and may notify you or post a message via our Website.

Information We Collect About You and How We Collect It

We collect several types of information from and about users of Unity’s Products and Services. This Privacy Policy describes the types of information we may collect from you or that you may provide, and our practices for collecting, using, maintaining, protecting and disclosing that information. At all times, we will only use or disclose your Personal Information and Protected Health Information (both, defined below) to the extent minimally necessary for the intended use or disclosure. The Privacy Policy applies to information we collect:

  • On our Website.
  • Via e-mail, text, video and voice communications between you and us.
  • Via electronic communications between you and us and between you and our Website.
  • Via offline activities and communications.
  • Through our Mobile App.
  • Between you and your Physician.
  • Between you and your Care Advisor.
  • Through any/all of Unity’s Products and Services.

This Privacy Policy does not apply to information collected, used or disclosed by your Physician and not shared with us.

Personal Information

As used in this Privacy Policy, “Personal Information” means any information that may be used to identify an individual, such as your first and last name, age, gender, postal address, e-mail address, telephone number, other contact information, certain health information, or other personally identifiable information under an applicable law such as HIPAA or an equivalent State law governing the use or disclosure of health information. When you use Unity’s Products and Services, we may collect, use or disclose your Personal Information but only to the extent minimally necessary and consistent with our Notice of Privacy Practices. If you are a Patient, you acknowledge that we may collect this Personal Information from you directly, from your Physician, or from your Care Advisor. We may ask you, your Physician, and/or your Care Advisor to provide Personal Information about you that will enable us to enhance our ability to serve your needs and/or your use of Unity’s Products and Services. It is entirely your choice whether or not to provide Personal Information through Unity’s Products and Services; provided that if, as a Patient, you agree to work with a Care Advisor, the Care Advisor may elect to provide your Personal Information on your behalf. If you choose not to provide requested Personal Information, you may not be able to use certain features of Unity’s Products and Services.

Protected Health Information

As used in this Privacy Policy, “Protected Health Information” means Personal Information in conjunction with information related to physical or mental health, such as medical history, family history, medical diagnosis, health background, current health status, age, gender, sexual behavior and sexual orientation, demographic information (including race, ethnicity, marital status, salary, education, political, religious, and trade union information) and information related to the diagnosis and treatment of health conditions, over-the-counter and prescription medications, laboratory test results, payments for treatment and health insurance information or other personally identifiable information under an applicable law such as HIPAA or an equivalent State law governing the use or disclosure of Protected Health Information and as defined by HIPAA. When you use Unity’s Products and Services, we may collect, use or disclose Protected Health Information but only to the extent minimally necessary and consistent with our Notice of Privacy Practices. If you are a Patient, you acknowledge that we may collect this Protected Health Information from you directly, from your Physician, or from your Care Advisor. We may ask you, your Physician, and/or your Care Advisor to provide Protected Health Information about you that will enable us to enhance our ability to serve your needs and/or your use of Unity’s Products and Services. It is entirely your choice whether or not to provide Protected Health Information through Unity’s Products and Services; provided that if, as a Patient, you agree to work with a Care Advisor, the Care Advisor may elect to provide your Protected Health Information on your behalf. If you choose not to provide requested Protected Health Information, you may not be able to use certain features of Unity’s Products and Services.

Accessing and Correcting Your Personal and/or Protected Health Information

You can review and, subject to applicable laws, change your Personal Information by accessing Unity’s Products and Services via your secure user name and password.

You may also send us an e-mail at privacy@unitycustomcare.com or call us at (858) 252-0875 to request access to, correct or delete any Protected Health Information, subject to applicable laws.

We may not be able to accommodate a request to change Personal or Protected Health Information if we believe the change would violate any law or legal requirement or cause the information to be incorrect.

Technical Information

We may collect and use technical data and related information, including but not limited to technical information about your device (e.g., manufacturer, service provider, IP address, operating system, browser type, mobile number) system and application software, peripherals and your interactions with Unity’s Products and Services including automatically recording the dates and times of visits to Unity’s Products and Services, traffic data, and your search queries (“Technical Information”). Technical Information is gathered periodically to facilitate the provision of software updates, product support, product enhancements and other services to you (if any) related to Unity’s Products and Services, to estimate our audience size and usage patterns, store information about your preferences (allowing us to customize our products and services according to your individual interests), speed up your searches, and recognize you when you return to our Website and/or use Utility’s Products and Services. We may also automatically receive and record information on our server logs from your browser or mobile device, which could include your IP address, cookie information, browser information and the pages you visit/request. Unity does not consider nor intend Technical Information to constitute Personal or Protected Health Information. Unity may use the Technical Information in any manner it deems appropriate and lawful.

Choices About How We May Use Or Disclose Your Information

We strive to provide you with choices regarding your Personal and/or Protected Health Information. We have created mechanisms to provide you with the following control over your information. You can set your browser to refuse all or some browser cookies (described below) or to alert you when cookies are being sent. If you disable or refuse cookies, please note that some parts of Unity’s Products and Services may then be inaccessible or not function properly.

We may use your Information to contact you about our own and third-parties’ (such as your Physician’s) products and services that may be of interest to you. The technologies we use for this automatic data collection may include:

  • Cookies (or browser cookies). A cookie is a small file placed on the hard drive of your computer. You may refuse to accept browser cookies by activating the appropriate setting on your browser. However, if you select this setting you may be unable to access certain parts of Unity’s Products and Services. Unless you have adjusted your browser setting so that it will refuse cookies, our system will issue cookies when you direct your browser to our Website.
  • Flash Cookies. Certain features of our Website may use local stored objects (or Flash cookies) to collect and store information about your preferences and navigation to, from and on our Website. Flash cookies are not managed by the same browser settings as are used for browser cookies.

How We May Use or Disclose Your Information

Except as described in this Privacy Policy or in our Terms of Use, Personal Information, Protected Health Information, Technical Information, Location-Based Information and Behavior Tracking Information (collectively, “Information”) that Physicians, Patients or Care Advisors provide or that we collect from Physicians, Patients or Caregivers, will be kept confidential and used or disclosed only to the extent minimally necessary to support Unity’s Products and Services. Unity’s Products and Services exist to allow Patients and Care Advisors to manage and track their relationship with one another and to allow Patients access to Unity’s Products and Services. In order to provide for this type of exchange, we need to ensure that each user that contributes Information expressly permits the uses or disclosures that we envision. For this reason, we need a license from you to use or disclose Information, whether collected directly from you or, if applicable, your Physician or Care Advisor. You hereby grant to Unity a non-exclusive, transferable, sub-licensable, royalty free license to use Information in order to enable, provide and make improvements to Unity’s Products and Services. The license is non-exclusive (meaning you are free to license the Information to anyone else in addition to us), fully-paid and royalty-free (meaning that we are not required to pay you for our use of the Information), sub-licensable (so that we are able to use affiliates and subcontractors), transferable (meaning that we may transfer it to a third party should we restructure our business), irrevocable (meaning that you may not revoke or rescind such license for any reason once the Information is uploaded) and worldwide (because the Internet is, and Unity’s Products and Services may be, global in reach).

You also grant Unity a perpetual, non-exclusive, transferable, sub-licensable, royalty free license to use such Information and other data we collect in order to collect, develop, create, extract or otherwise generate statistics and other information and to otherwise compile, synthesize and analyze such Information and de-identified data (“Blind Data”). Notwithstanding anything to the contrary in this Privacy Policy, to the extent Unity collects or generates Blind Data, such Blind Data will be owned solely by Unity and may be used for any lawful business purpose without a duty of accounting to you, provided that such data is not personally identifiable and does not identify the source of such data.

We may use or disclose your Information only to the extent minimally necessary:

  • To present and facilitate Unity’s Products and Services to you and/or on your behalf.
  • To provide you with information, products or services that you request from us.
  • To provide you with notices and to facilitate communications deemed appropriate by us, your Care Advisor and/or your Physician.
  • To fulfill any other purpose for which you provide the Information.
  • To carry out our obligations and enforce our rights arising from any contracts we have entered into regarding you, including Business Associate Agreements, for treatment, billing and health care operations.
  • To notify you about changes to Unity’s Privacy Policy and/or Unity’s Products and Services.
  • To allow you to participate in interactive or educational features on our Website.
  • To comply with any court order, law or legal process, including responding to any government or regulatory request.
  • To enforce or apply our Terms of Use.
  • If we believe disclosure is necessary or appropriate to protect the rights, privacy, security, accessibility of Information and/or property of Unity.
  • In any other way we may describe when you provide the Information.
  • For any other purpose with your lawful consent.

How We Secure Your Information

We have implemented reasonable and appropriate administrative, technical, physical, electronic, and procedural safeguards designed to protect the Information from unauthorized access, use or disclosure. All Information you provide to us is stored with an authorized Cloud services provider. These safeguards include, without limitation, encrypting all Personal Information and Protected Health Information using AES 256-bit encryption and encrypting all other Information using TLS encryption.

The safety and security of your Information also depends upon you. Where we have given you (or where you have selected) a user name and password to access Unity’s Products and Services, you are responsible for keeping this information confidential. It is in your best interest that you not share your user name or password with anyone.

Please keep in mind that whenever you voluntarily disclose Information on message boards or other public forums or features or through e-mail or group messaging, that Information can be collected and used by others to whom you may or may not have given consent. In short, by posting Information online that is publicly accessible (i.e. within message boards and the like), you may receive unsolicited messages from other parties in return or make others aware of your location. We are not responsible for the security or privacy of any Information you choose to submit outside the scope of Unity’s Products and Services.

Third-Party Products, Services and Technologies

We may provide links to third-party websites (such as your Physician’s) within Unity’s Products and Services. Such links may appear as a specific domain name or URL. Please be aware that other websites and services, including the websites of third parties that you connect with through Unity’s Products and Services, may collect personally identifiable information about you. This Privacy Policy does not cover the information practices of those third-party websites, services or applications and cannot control and is not responsible for the information collection practices of any such websites, services or applications. We encourage you to carefully review the terms of use, privacy policies, and any other legal notifications on such websites before using or providing information through such websites, services or applications.

International Transfers

Information collected from you may be stored and processed in the United States or any other country in which Unity or its affiliates, subsidiaries, agents or contractors maintain facilities. If you are accessing Unity’s Products or Services from the European Union or other regions with laws governing data collection and use, please note that you are agreeing to the transfer of your data to the United States and processing globally. By providing your Information you consent to any transfer and processing in accordance with this Privacy Policy.

HIPAA

This Privacy Policy is designed to comply with the Health Insurance Portability and Accountability Act of 1996 (“HIPAA”). Physicians, to the extent they are “Covered Entities” under HIPAA (as such term is defined in HIPAA), have their own privacy and security obligations with respect to your Personal Information and Protected Health Information. Additionally, we have agreements in place with Physicians, Care Advisors, and contractors that define certain of our security and privacy obligations. For more information regarding your rights under HIPAA, see www.hhs.gov/ocr/privacy/.

Children’s Privacy Policy

Unity’s Products and Services are not designed nor intended to be used or accessed by children under the age of 13. No one under age 13 may provide any information to or through Unity’s Products and Services. We do not intentionally collect Personal Information or Protected Health Information from children through Unity’s Products or Services. If you are under age 13, do not use or provide any information on or through Unity’s Products and Services, including, but not limited to, your name, address, telephone number, e-mail address, user name or other. If we learn we have collected or received Personal or Protected Health Information from a child under age 13 without verification or parental consent, we will delete that information. If you believe that we may have collected any information, including Personal or Protected Health Information, from or about a child under age 13, please contact us immediately at privacy@unitycustomcare.com or (858) 252-0875.

Changes to Our Privacy Policy

It is our policy to post any changes that we make to our Privacy Policy on this page and on our home page. If we make material changes to how we treat our users’ Personal or Protected Health Information, we will notify you by e-mail to the primary e-mail address you have provided and/or through a notice on the home page of our Website. The date our Privacy Policy was last revised is identified at the top of the page. You are responsible for ensuring we have an up-to-date active and deliverable e-mail address for you, and for periodically visiting our Website and this Privacy Policy for changes. For any questions or comments regarding this Privacy Policy, please contact us at privacy@unitycustomcare.com or call us at (858) 252-0875.