Privacy Policy

UpdateMyDoctor LLC (“UpdateMyDoctor,” “we,” “us,” or “our”) recognizes the importance of protecting the privacy of your personal information, and we have prepared this Privacy Policy (this “Privacy Policy”) to provide you with important information about the privacy practices applicable to the UpdateMyDoctor services, the UpdateMyDoctor telemedicine product and any website, product or service owned and operated by UpdateMyDoctor, including, without limitation,  https://updatemydoctor.com/, [patient portal URL], and any other website, applications or online service that links to or refers to this Privacy Policy (collectively, the “UpdateMyDoctor Services”). In addition, individually identifiable information that you provide to us for purposes of obtaining medical care from the providers that have contracted with us (the “Providers”) (such information is also referred to as “Protected Health Information” or “PHI”) will also be subject to each Provider’s Health Insurance Portability and Accountability Act Notice of Privacy Practices (the “HIPAA Notice”), which each Provider may make available to you.  The HIPAA Notice describes how the Providers can use and share your PHI and describes your rights with respect to your PHI.

I. Collection of Information

We may collect the following kinds of information when you use the UpdateMyDoctor Services:

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 the following types of information:

  • Contact information, such as your full name, email address, mobile phone number, and address
  • Username and password
  • Payment information, such as your credit card number, expiration date, and credit card security code
  • Personal health information, including information about your diagnosis, previous treatments, general health, health insurance and information which you have stored in Apple HealthKit (to the extent you choose to synch that data with our services); and
  • Any other information you provide to us.

We may combine such information with information we already have about you.

Information we collect automatically

We may collect certain information automatically when you use our UpdateMyDoctor Services, such as your Internet protocol (IP) address, device and advertising identifiers, browser type, operating system, Internet service provider, pages that you visit before and after using the UpdateMyDoctor Services, the date and time of your visit, information about the links you click and pages you view within the UpdateMyDoctor Services, and other standard server log information. We may also collect certain location information when you use our UpdateMyDoctor Services, such as your computer’s IP address, your mobile device’s GPS signal, or information about nearby WiFi access points and cell towers.

We may use cookies, pixel tags, Local Shared Objects, and similar technologies to automatically collect this information. Cookies are small bits of information that are stored by your computer’s web browser. Pixel tags are very small images or small pieces of data embedded in images, also known as “web beacons” or “clear GIFs,” that can recognize cookies, the time and date a page is viewed, a description of the page where the pixel tag is placed, and similar information from your computer or device. Local Shared Objects (sometimes referred to as “Flash Cookies”) are similar to standard cookies except that they can be larger and are downloaded to a computer or mobile device by the Adobe Flash media player. By using the UpdateMyDoctor Services, you consent to our use of cookies and similar technologies.

We may also collect technical data to address and fix technical problems and improve our UpdateMyDoctor Services, including the memory state of your device when a system or app crash occurs while using our UpdateMyDoctor Services. Your device or browser settings may permit you to control the collection of this technical data. This data may include parts of a document you were using when a problem occurred, or the contents of your communications. By using the UpdateMyDoctor Services, you are consenting to the collection of this technical data.

Information we obtain from your health care providers and other sources

In connection with your treatment, we may collect medical records from your past, current, and future health care providers. This may include information about your diagnosis, previous treatments, general health, laboratory and pathology test results and reports, social histories, any family history of illness, and records about phone calls and emails related to your illness.

This Privacy Policy does not reflect the privacy practices of the Providers and UpdateMyDoctor is not responsible for the Providers’ privacy policies or practices. UpdateMyDoctor does not review, comment upon, or monitor the Providers’ privacy policies or their compliance with their respective privacy policies, nor does UpdateMyDoctor review the Providers’ instructions to determine whether they are in compliance or conflict with the terms of a Provider’s published privacy policy or applicable law.

Some of our users, including the Providers, are subject to laws and regulations governing the use and disclosure of health information they create or receive. Included among them is the 21st Century Cures Act, the Health Insurance Portability and Accountability Act of 1996 (“HIPAA”), the Health Information Technology for Economic and Clinical Health of 2009 (“HITECH”), and the regulations adopted thereunder. When we store, process or transmit “individually identifiable health information” (as such term is defined by HIPAA) on behalf of the Provider who has entered a Healthcare Provider User Agreement, we do so as its “business associate” (as also defined by HIPAA). Under this agreement, UpdateMyDoctor is prohibited from using individually identifiable health information in a manner that the Provider itself may not. UpdateMyDoctor is required to, among other things, apply reasonable and appropriate measures to safeguard the confidentiality, integrity and availability of individually identifiable health information we store and process on behalf of such Providers. UpdateMyDoctor is subject to laws and regulations governing the use and information of certain personal and health information, including HIPAA, when it operates as a business associate of a healthcare provider.

We may also receive information about you from other sources, including through third-party services and organizations. We may combine our first-party data, such as your email address or name, with third-party data from other sources and use this to contact you (e.g., through direct mail). For example, if you access third-party services, such as Facebook, Google, or Twitter, through the UpdateMyDoctor Services to login to the UpdateMyDoctor Services or to share information about your experience on the UpdateMyDoctor Services with others, we may collect information from these third-party services.

II. Use of Information

We generally use the information we collect online to:

  • Provide and improve the UpdateMyDoctor Services;
  • Contact you;
  • Fulfill your requests for products, services, and information;
  • Send you information about clinical services or general wellness from us or on behalf of our affiliates and trusted third-party partners;
  • Analyze the use of the UpdateMyDoctor Services and user data to understand and improve the UpdateMyDoctor Services;
  • Customize the content you see when you use the UpdateMyDoctor Services;
  • Conduct research using your information, which may be subject to your separate written authorization;
  • Prevent potentially prohibited or illegal activities and otherwise in accordance with our Terms of Service (which can be found at [link to Patient TOS]); and
  • For any other purposes disclosed to you at the time we collect your information or pursuant to your consent.

From time to time, we may desire to use the information we collect online for uses not previously listed in this Privacy Policy. If our practices change regarding previously collected personal information in a way that would be materially less restrictive than stated in the version of this Privacy Policy in effect at the time we collected the information, we will make reasonable efforts to provide notice and obtain consent to any such uses as may be required by law.

Any request to obtain your consent does not narrow the scope of this Privacy Policy. By using the UpdateMyDoctor Services, you accept and agree to UpdateMyDoctor’s information handling practices in the manner described in this Privacy Policy and in our Terms of Use.

We may use the information collected through the UpdateMyDoctor Services to investigate potential or suspected threats to the UpdateMyDoctor Services or to the confidentiality, integrity or availability of the information UpdateMyDoctor stores and maintains.

By using the UpdateMyDoctor Services you agree to receive texts, phone calls, and/or emails from us at the phone numbers and email addresses you provided to us for informational and customer service-related purposes.

Additionally, we may send an email to the email address you provide us in order to verify your account and for informational and operational purposes, such as account management, customer service, or system maintenance. We may also send you marketing emails if you request more information about our products and services. Emails are often transactional or relationship messages, such as appointment requests, reminders and cancellations and other notifications. UpdateMyDoctor may not offer you the option of opting out of receiving some of these messages although UpdateMyDoctor may allow you to modify how often you receive such messages. If you opt-in to receiving marketing announcements from UpdateMyDoctor, we will allow you to opt-out of receiving those announcements.

Electronic Notices

By using the UpdateMyDoctor Services or providing personal information to us, you agree that we may communicate with you electronically regarding security, privacy, and administrative issues relating to your use of the UpdateMyDoctor Services. If we learn of a security system’s breach, we may attempt to notify you electronically by posting a notice on the UpdateMyDoctor Services or sending a text or email to you. You may have a legal right to receive this notice in writing. To receive free written notice of a security breach (or to withdraw your consent from receiving electronic notice), please notify us at [email].

We may anonymize and aggregate any data collected through the UpdateMyDoctor Services and use it for business purposes. For example, we may use such data for evaluating and profiling the performance of the UpdateMyDoctor Services, including analyzing usage trends and patterns and measuring the effectiveness of content, features, or services.

III. Sharing of Information

We are committed to maintaining your trust, and we want you to understand when and with whom we may share the information we collect about you, including your individually identifiable health information.

Healthcare providers, insurance companies, and other healthcare-related entities

We may share your information with other health care providers and other entities relevant to providing you with treatment options and support.

Authorized third-party vendors and service providers

We may share your information with third-party vendors and service providers that help us with specialized services, including customer service, email deployment, business analytics, performance monitoring, hosting, and data processing. These third-party vendors and service providers may not use your information for purposes other than those related to the services they are providing to us.

Corporate affiliates

We may share your information with our corporate affiliates that are subject to this policy.

Business transfers

We may share your information in connection with a substantial corporate transaction, such as the sale of UpdateMyDoctor Services, a merger, consolidation, asset sale, or in the unlikely event of bankruptcy.

Legal purposes

We may disclose information to respond to subpoenas, warrants, court orders, legal process, law enforcement requests, legal claims, or government inquiries, and to protect and defend the rights, interests, health, safety, and security of UpdateMyDoctor, our affiliates, users, or the public. If we are legally compelled to disclose information about you to a third-party, we will attempt to notify you by sending an email to the email address in our records unless doing so would violate the law or unless you have not provided your email address to us.

Authorized Representative

UpdateMyDoctor may request that you designate an authorized representative to receive medical evaluation and consultation or treatment information. Upon UpdateMyDoctor’s request that you designate an authorized representative, you will be required to sign and complete a Medical Authorization Form. If you revoke your authorization or fail to provide another authorized representative, your use of the UpdateMyDoctor Services will be terminated. You understand that your treatment from Providers is not conditioned upon signing and maintaining the Medical Authorization Form. Instead, your use of the UpdateMyDoctor Services is conditioned upon signing and maintaining the Medical Authorization Form when requested.

With your consent or at your direction

We may share your information for any other purposes disclosed to you at the time we collect the information or pursuant to your consent or direction.

If you access third-party services, such as Facebook, Google, or Twitter, through the UpdateMyDoctor Services to login to the UpdateMyDoctor Services or to share information about your experience with the UpdateMyDoctor Services with others, these third-party services may be able to collect information about you, including information about your activity on the UpdateMyDoctor Services, and they may notify your connections on the third-party services about your use of the UpdateMyDoctor Services, in accordance with their own privacy policies.

If you choose to engage in public activities via any of the UpdateMyDoctor Services or third-party sites that we link to, you should be aware that any information you share there can be read, collected, or used by other users of these areas. You should use caution in disclosing personal information while participating in these areas. We are not responsible for the information you choose to submit in these public areas.

IV. Security

Please see our Security Policy.

We use reasonable measures to help protect information from loss, theft, misuse and unauthorized access, disclosure, alteration and destruction. You should understand that no data storage system or transmission of data over the Internet or any other public network can be guaranteed to be 100% secure. Consequently, we cannot ensure or warrant the security of any information you transmit to us, and you do so at your own risk. Once we receive your information, we take steps to ensure security on our systems. Please note this is not a guarantee that such information may not be accessed, disclosed, altered, or destroyed by breach of such safeguards. Please note that information collected by third parties may not have the same security protections as information you submit to us, and we are not responsible for protecting the security of such information.

If UpdateMyDoctor learns of a security system’s breach, UpdateMyDoctor maintains an incident response policy that includes notifications consistent with applicable law.

By using the UpdateMyDoctor Services or providing personal information to us, you agree that we can communicate with you electronically regarding security, privacy, and administrative issues relating to your use of the UpdateMyDoctor Services.

V. Your Choices

You may request that we delete your personal information by sending us an email at [email address for inquiries].

You may be able to refuse or disable cookies by adjusting your web browser settings. Because each web browser is different, please consult the instructions provided by your web browser (typically in the “help” section). Please note that you may need to take additional steps to refuse or disable Local Shared Objects and similar technologies. For example, Local Shared Objects can be controlled through the instructions on Adobe’s Setting Manager page. If you choose to refuse, disable, or delete these technologies, some of the functionality of the UpdateMyDoctor Services may no longer be available to you.

We do not share personal information with third parties for their own direct marketing purposes.

VI. Third-Party Advertising, Links and Content

Do-Not-Track Signals and Similar Mechanisms

Some web browsers transmit “do-not-track” signals to websites. Because of differences in how web browsers incorporate and activate this feature, it is not always clear whether users intend for these signals to be transmitted, or whether they even are aware of them. We currently do not take action in response to these signals.

Third-Party Browser Extensions

Extensions are small software programs, developed by third parties, that can modify and enhance the functionality of your browser. Extensions may have privileges, including the ability to read, record and/or modify your private data, including PHI. These extensions are installed by individual users into the browser on their computers and are utilized at users’ own risk. Further, such extensions are not affiliated with UpdateMyDoctor and UpdateMyDoctor does not have visibility into which extensions any user may use. UpdateMyDoctor assumes no risk of loss of data or breach of such data due to your use of browser extensions.

Prior to using the UpdateMyDoctor Services, if you have one (or more) of these extensions enabled in your browsers, UpdateMyDoctor recommends completely removing all these extensions immediately as disabling the extensions may not be sufficient to protect your PHI. We recommend that you only access the UpdateMyDoctor Services from supported browsers that have all plugins and extensions removed.

Further, installing any third-party software on your operating system may also subject you to the same risks as using browser extensions. UpdateMyDoctor has no liability to you due to damages caused by any third-party software, including, without limitations, browser extensions.

VII. Intended For Use in United States Only

The UpdateMyDoctor Services are intended to be used only from and within the United States. As such, UpdateMyDoctor makes no representations and warranties that the UpdateMyDoctor Services comply with applicable law outside the United States and UpdateMyDoctor shall not be responsible for your use of the UpdateMyDoctor Services outside of the United States. UpdateMyDoctor maintains your information in the United States and in accordance with the laws of the United States. By using the UpdateMyDoctor Services and providing us with your information, you understand and agree that your information may be transferred to and stored on servers located in a state or jurisdiction different from where you live or receive medical services from the Providers. You may not use the UpdateMyDoctor Services outside of the United States. If you do use or access UpdateMyDoctor outside of the United States, you acknowledge and understand that you are solely responsible for any and all legal consequences for violating applicable laws within your jurisdiction and that you shall have no right of recourse against UpdateMyDoctor.

In certain situations, we may be required to disclose personal data in response to lawful requests by public authorities, including to meet national security or law enforcement requirements.

VIII. Children

We do not knowingly allow individuals under the age of 18 to create accounts that allow access to our UpdateMyDoctor Services.

Without limiting the above, the [patient portal URL] website does allow persons above the age of 18 years—such as Providers, parents and guardians—to provide, share and store personal information about others, including minors and children. Any user providing, storing, or submitting information on behalf of a child assumes full responsibility over the submission, use and transmission of such information.

IX. Changes to the Privacy Policy

We may update this Privacy Policy from time to time and the revised version will be effective as of the date it is posted. When we update the Privacy Policy, we will revise the “Effective Date” date above and post the new Privacy Policy. We recommend that you review the Privacy Policy each time you visit the UpdateMyDoctor Services to stay informed of our privacy practices. Your use of UpdateMyDoctor Services, including the continued storage of your information on OnPatient.com or UpdateMyDoctor.com systems, following any such change constitutes your agreement that all information collected from or about you through the OnPatient.com website will be subject to the terms of the revised Privacy Policy.

X. Information Retention

UpdateMyDoctor’s collection, use, and disclosure of information are generally governed by service agreements with Providers. Information maintained to provide these services to you is retained only for as long as we have a valid business purpose and in accordance with applicable law. UpdateMyDoctor may retain archived information for a period of seven years (or longer if required by law) as necessary to comply with legal obligations, resolve disputes and enforce our agreements and other authorized uses under this Privacy Policy.

UpdateMyDoctor indefinitely stores non-personal information, as well as any feedback you provide us.

XI. Questions

If you have any questions about this Privacy Policy or our practices, please email us at [email address].