Privacy Policy
Higgs Boson, LLC ("Company") is committed to respecting the privacy of all persons using the Companyʼs ManageMySurgery mobile application (the "Application") and related products, documentation and services (the "Service"). This Privacy Policy describes the information gathering and dissemination practices for the Application and Service. More information on use of the Service is included in our Terms of Use, and any capitalized terms used, but not defined, in this Privacy Policy have the meanings given them in our Terms of Use Please note that by downloading the Application or using the Service, you agree to the terms in this Privacy Policy. You further understand and agree that this Privacy Policy and our Terms of Use form a binding agreement between you and Company. If you do not agree to the terms in this Privacy Policy, please do not download the Application or use the Service. This Privacy Policy may change from time to time. We will post any Privacy Policy changes on the Application and, if the changes are significant, we may provide a more prominent notice by sending you an email, text message through the Application or other electronic alert or notice. Continued use of the Service after the effective date of a Privacy Policy change will be deemed to be acceptance of those changes.
Information we collect
We may collect the following types of information:
Information you provide — When you sign up for the Service, we ask you for some basic personal information. This includes personally identifying information such as your name, mobile device identification and number, email address and home zip code. Some of this information will be retrieved and saved on our systems, and may include a user token or other persistent identifier. Through use of the Service you may provide additional information for use, handling and posting by Company in connection with the provision and maintenance of the Service, including information about your upcoming medical procedure or surgery or after-surgery recovery program, which may include voice recordings or other audio or video material. You may also provide certain personal information of your Authorized Individuals in order to allow them to access your account through the Service. If you send us an SMS message or use the Service to send a message, we will automatically receive your phone number and any additional information included in the message.
Information your Authorized Individuals or Provider provides – If you have designated any Authorized Individuals to access and use the Service on your behalf, your Authorized Users may provide us information. If you use the Service to connect and correspond with a Provider, such Provider may provide information through the Service.
Tags — When you use the Service, we may send use tags to track your use of the Service on your mobile device. We use the information provided by such tags to connect you with the relevant information on your surgical procedure and customize your experience and to improve the quality of our Service, including for tracking user trends, such as how people use our Service.
Automatically collected Information; Log information — When you access the Service, our servers automatically record certain information. These server logs may include information such as your information request, your interaction with the functions available through the Service, the date and time of your request and one or more unique identifiers so we can identify your device, including device type, operating system and device ID. We do not share with third parties, your personal information as linked with your IP address or device ID. User communications — When you send email or other communications to us, we may retain those communications in order to process your inquiries, respond to your requests and improve our services. We may use your email address to communicate with you about our services.
How we use and share Information
Administering the Service – We use information you and your Authorized Individuals and Providers provide and information we automatically collect to administer the Service as described in the Terms of Use and on the Service, to allow you and other users to use the Service, and to diagnose problems with the Service. If applicable, we use information to process payments for the Service. We use your personal information to provide you with targeted information as requested by you.
You may also use the Service to send and receive SMS text messages, and your Provider may contact you through the Service or text messaging. We may use your information to facilitate communication between you and your Provider.
We will also analyze your information and use of the Service in order to improve and customize your experience, including remembering information so you will not have to reenter it and provide access to your data. We may also use such information to contact you regarding Service changes, system maintenance and outage issues, account issues or otherwise troubleshoot problems.
Information you provide in your interactions with the Service – Please note that certain functions of the Service, such as the Question Bank, may be visible to other users. Do not include in any question posted under the Question Bank any personal information, health information or other information you do not wish others to see. Please note that once you have posted information on the Question Bank, the Company cannot control how other users may share or use such information. Please do not post the personal information of anyone else without their permission. If you or any Authorized Individual or Authorized Provider provides information in the form of a voice recording or other audio or video material, you agree that we will treat such recording, audio or video as your personal information provided however that you agree that any nonpersonally identifiable content therein may be used by us in connection with the Service and as otherwise permitted herein.
Service Providers – We will disclose information to our service providers that work on our behalf or with us to fulfill your information requests and to provide the Service. We do not permit these providers to use your information other than as necessary to provide the services to us.
Your physicians and caregivers – The Service permits you to authorize your caregivers and family members (“Authorized Individuals”) to access and view your account. These Authorized Individuals will be able to view, modify, provide and manage your information on the Service. You are responsible for designating your Authorized Individuals and terminating access by such Authorized Individuals. If you have designated any Authorized Providers, we will provide them with access to the information provided by you or by your Authorized Individuals or other Authorized Providers through the Service, including information regarding your health, surgical preparations and recovery. We cannot control how any Authorized Individual or Authorized Provider may use or disclose any personal information you may make available on the Service. See our Terms of Use for more information.
Other Disclosures – We may disclose your information if we have a good faith belief that access, use, preservation or disclosure of such information is reasonably necessary to (a) satisfy any applicable law, regulation, legal process or other governmental or law enforcement request, (b) enforce our Terms of Use, including investigation of potential violations, (c) detect, prevent, or otherwise address fraud, security or technical issues, or (d) protect against or mitigate harm to the rights, property or safety of Company, its users or the public as required or permitted by law.
With Permission – If we use your personal information in a manner different than the purpose for which it was collected or other than as disclosed in this policy, then we will ask for your consent prior to such use.
Aggregate and Non-personally Identifiable Information –Company may use nonidentifiable anonymous data that is based on our usersʼ use of the Service, including your use and based on the Personal Information you provide and combine it with other anonymous data to create what is referred to as "Aggregate Data" that may be disclosed to third parties. Aggregate Data is information that describes the habits, usage patterns and/or demographics of users as a group but does not reveal the identity of particular users. For example, Aggregate Data may provide information on the types of procedures for which patients may require additional reminders or tasks, or as to the features of the Service that are most used or visited by different demographic groups. Aggregate Data may be used to determine such things as user demographics and usage patterns for our services. Company may use Aggregate Data within Company to understand the needs of the ManageMySurgery community of users and determine what kinds of programs and services we can offer, including improvements and new products. We may also share Aggregate Data with third parties. Except as set forth herein, we will not provide your personally identifiable information to any such unaffiliated parties for marketing or other purposes without your consent.
Data Retention.
If you provide personal information to us through the Service, you may request that we delete such personal information from the Service by sending an email to support@higgsbosonhealth.com Upon your request or cancel your registration for the Service, we will take reasonable steps to remove your personal information from the active part of our Service in accordance with our standard processes, but in any event within 60 days. We may retain nonpersonally identifiable information indefinitely. Even after you request removal of information from or delete your account, copies of that information may remain viewable elsewhere to the extent it has been shared, copied or stored by you or other users or has been archived or may remain viewable in cached and archived pages by search engines and other web crawlers. You further understand that due to the nature of our Service and databases, it is infeasible for us to remove or destroy personal information you provide to us; provided to the extent we retain any such information, we will hold such information in accordance with this policy until deleted or destroyed.
Corporate Events
If we become involved in a merger, acquisition, or any form of sale of some or all of its assets, your information may be included in the assets sold or transferred to the acquirer. You hereby agree that we may transfer or assign the information we have collected from you in connection with any such event. In the event of a bankruptcy, insolvency, reorganization, receivership or assignment for the benefit of creditors, we may not be able to control how your personal information is treated, transferred or used.
Information security
We will take reasonable security measures to protect against unauthorized access to or unauthorized alteration, disclosure or destruction of data. However, we cannot guarantee its absolute security or that unauthorized persons will not access or use your personal information for improper purposes. In the event of a breach of security affecting personal information or data on our servers, we will take such notification and other steps as may be required under applicable law. You hereby agree that we may send you notices through the Service or via SMS messages.
Accessing and updating personal information
You may update, change or correct your personal information through the Service. We will update your account and information as requested, provided, that we may decline to update information if we determine it to be impractical (for instance, requests concerning information residing on backup tapes or other historical data). In any case where we provide information access and correction, we perform this service free of charge, except if doing so would require a disproportionate effort.
Disclosures
Social Media Sites
We may have pages or other presence on various social networking sites or services, such as Facebook, Twitter and the like. Any information you post or provide through such sites and services will be subject to the policies of those sites and services.
Links
The Service may provide links to third-party websites for your convenience and information. If you access those links, you will leave the Companyʼs Service. We do not control those sites or their privacy practices, which may differ from our practices and policies. We do not endorse or make any representations about third-party websites. The personal data you choose to give to unrelated third parties is not covered by our Privacy Policy. We encourage you to review the privacy policy of any company before submitting your personal information.
Location of Servers
Our servers are located in the United States of America. If you are accessing the Application and Service from outside the United States, please be advised that through your continued use of the Site or Service, which is governed by U.S. law and this Privacy Policy, you are transferring your personal information to the United States and you consent to that transfer and the maintenance and processing of such information in the United States.
Information of Children
The Service is not intended for use by minors under the age of eighteen (18), unless through an Authorized Individual Representative. If we learn that a child under the age of 18 has provided us with personal information without verifiable parental consent, we will promptly take reasonable and appropriate actions to remove such user and delete any personal information from our servers.
Tracking
We do not track or collect personal data about your online activities once you close the Application or Service.
Health Information
You acknowledge and agree that you are registering for the Service for your own personal use, and that even if your use of the Service has been recommended or suggested by your healthcare provider, we are not acting as a service provider to the healthcare provider. Accordingly, you understand and agree that Company is not a healthcare provider or other "covered entity" for the purposes of the Health Insurance Portability and Accountability Act of 1996 (HIPAA) and that Personal Information provided by you to Company or through the Service will not be subject to HIPAA requirements or deemed Protected Health Information for such purposes.
If you have any questions regarding this Privacy Policy, please contact us at: support@higgsbosonhealth.com.
Ver. No. 1
Last modified: July 12, 2016