Privacy Policy

Last updated on May 9, 2020

GlobalMedia Group, LLC, an Arizona limited liability company, dba GlobalMed (GlobalMed) respects your privacy and is committed to protecting it through this privacy policy (Policy). This Policy describes the type of information we may collect from you or that you may provide to us when you use our software application known as eNcounter, related mobile applications, and other sites owned and operated by GlobalMed, (collectively, the Site) and our policies and practices regarding how we collect, use and disclose that information including medical and health-related information.

BY CREATING AN ACCOUNT, YOU CONSENT TO THE COLLECTION AND USE OF YOUR INFORMATION AS DESCRIBED IN THIS POLICY, AS MODIFIED FROM TIME TO TIME BY US.

We reserve the right, at any time and without notice to you, to add to, change, update or modify this Policy. If we decide to change our Policy, we will post a new policy on the Site and change the date at the top of this Policy. Any change, update or modification will be effective immediately upon posting on the Site and will apply to any personal information provided to us on and after the date. Therefore, we encourage you to check the date of our Policy whenever you visit the Site for any update or changes.

If we make a material change to the Policy that affects how we collect, use or disclose your personal information, we will notify you the next time that you access your account at the Site.

Please see our End User License Agreement (EULA) for a more detailed explanation of our general policies. If any conflict exists between the EULA and this Policy, the EULA will prevail.

Information You Provide

We collect personal information from you for a variety of reasons including to deliver products and services you request, to enable your participation in online activities, and to personalize your experience on the Site. Personal information includes your name, physical address, email address, telephone number, identifiers that allow physical or online contacting, or your location. Personal information may also include personally identifiable health or medical information including but not limited to (a) information or records relating to your medical or health history, health status and laboratory testing results, and diagnostic images; (b) information or documents prepared by the healthcare providers who provide Services through the Site (including treatment and examination notes); (c) billing information that you provide us, such as credit card or bank account information; and (d) other health-related information and information otherwise submitted by you. Our policies about the use of your personal health information are set forth below in the Section entitled Notice of Privacy Practices Regarding Personal Health Information.

Accessing the Site. Like most websites, we and our affiliated internet service providers may automatically track, collect and store information such as (a) Internet Protocol (IP) address; (b) Uniform Resource Locators (URL), (c) domain name; (d) type of computer; and (e) type of web browser and location using cookies, web log files, and other code tracking devises from any device you use to access our Site and any pages at our Site. That type of information does not reveal any personal information about you. We use this information for marketing purposes, to examine traffic to the Site, identify any misuse of the Site, and improve the Site to provide you a better experience.

Cookies & Tracking Codes. A cookie is a small data file that is sent to your browser from a web server and stored on your computer, mobile phone or another device. Cookies store information about your use of a particular website or service and are typically used to make our Site easier to use and to make services more convenient and personalized. Cookies do not damage your system. Cookies allow us to recognize you as a user when you return to the Site using the same computer and web browser, and to identify which areas of the Site you visited or customized, so that the next time you visit the Site, those pages may be readily accessible.

Our third-party service providers may also use cookies to ascertain how many times you access their website and to obtain information to better personalize the content and promotions that you see on our respective websites. Some cookies are temporary, whereas others may be configured to last longer. Session cookies are temporary cookies used for various reasons, such as managing page views.

Persistent cookies are more permanent cookies that are stored on your computers or mobile devices even after you exit your browser. We use persistent cookies for a number of purposes, such as retrieving certain information you have previously provided and storing your preferences. Our third-party service providers may use tracking codes, which are different than persistent cookies, to gather information about your use of the Site. You can remove or block cookies using the settings in your browser, but in some cases doing so may impact your ability to use the Site.

Creating An Account. When you create an account with us, you voluntarily provide us with your first and last names, a valid, accurate and current email address, a business name, if applicable, a user name and a password of your choice. In addition, we may collect information or documents that you add or upload to the Site for a healthcare provider. If you do not want us to store metadata associated with information or documents you upload, please make sure to remove the metadata before uploading. We will collect all personal information and any other information you provide.

We use Secure Socket Layer (SSL) communications on pages where you enter Personal information provided you are using an SSL-enabled browser. An SSL connection encrypts your information as it travels over the internet. This secure mode is enabled before any personal information is transmitted from your computer or web-enabled device provided you are using an SSL-enabled browser. If you have any hesitation about providing personal information to us or the use of such personal information as permitted in this Policy, then you should not create an account with us nor use the Site or the Services.

Transactions & Communications With Us and Third-Parties. We may collect and retain the details of transactions and communications you have with us, the details of charges and payments to your associated account transacted through us, the full content of any emails sent to us including attached files, the full content of the inbox communications sent using our software, any feedback submitted to us, and other information you provide. We may ask you to submit additional information to authenticate your identity or if we have any concerns about activities on the Site. For example, we may ask you to submit government-issued photo identification or a copy of a bill to verify your physical address, submit legal documents to establish your authority with respect to a minor, and answer additional questions to verify your identity. In addition, we may use and display your name when you send an email or other communication through the Site.

We may also track and retain the details of all transactions and communications you have with other users such as healthcare providers. In addition, our Site contains applications to enable you to connect to and from other networks and we may collect information about you and your business from such other networks.

Feedback. If you provide us with feedback, we will collect that information and we may use it at our sole discretion or disclose it for any purpose we choose. Your personal information will not be disclosed or associated with any feedback that we use or disclose. Your personal information will be treated in accordance with this Policy. You agree that any comments and any emails we receive immediately become our property subject to the terms of this Policy. We may use feedback to add to or modify the Site and the Services. Nothing in this Policy or the EULA entitles you to a fee, royalty, commission, compensation or any consideration whatsoever for your feedback or for the content of any communications you submit to us including but not limited to ideas, comments, suggestions, recommendations, methods, processes, or the like whether in writing, verbal or otherwise.

Privacy Settings

Account Settings. Your account settings allow you to manage your privacy and make informed choices about who has access to your information and how you share your information with others. Please be aware that other than the information required to create an account with us or included in communications with us about your account, providing information is entirely optional.

Password. When you create an account with us, you will be asked to create a unique password associated with your account. The combination of your email address as your username and your password is the key to your account. We recommend that you use a unique combination of letters, numbers and special characters to create your password. You are responsible for all actions taken in the name of your account. You should not disclose your password to anyone. If you decide to share your password or lose control of your password, you may jeopardize the security and confidentiality of your personal information. Moreover, you may be subject to legally binding actions taken on your behalf. Therefore, if your password has been compromised for any reason, you should immediately notify us and change your password.

Sharing Information. You may choose to share information including personal information with service providers on the Site. Sharing information through our Site is at your own risk. Please be aware that any information (whether personal information or otherwise) you choose to disclose via email messages or similar electronic transmissions may become publicly available.

Compliance with Laws

Our privacy practices are intended to comply with the Health Insurance Portability and Accountability Act of 1996, as amended from time to time, and all health privacy and security regulations promulgated thereunder (collectively, HIPAA). HIPAA is a Federal program that requests that all medical records and other individually identifiable personal health information used or disclosed by us in any form, whether electronically, on paper, or orally be kept properly confidential. We will maintain the privacy and security of your personal health information as required by HIPAA. We encourage you to review ouruse of your personal health information as described below under Notice of Privacy Practices Regarding Personal Health Information.

Use of Information Collected

You agree that we and our authorized affiliates may use your personal information to: (a) facilitate communications between you and a healthcare provider, (b) facilitate the provision of Services, (c) help resolve disputes, (d)collect fees and charges, (e) troubleshoot problems, (f) prevent potentially prohibited or illegal activities, (g) enforce this Policy and the EULA, and (h) contact you when necessary.

We use services provided by third parties such as email service providers, payment processing, mobile health data devices, and others authorized by you. We may share contact data with those companies and persons to the extent permitted under this Policy and for the purposes specified by you.

We may also provide third parties with aggregate data about users of, or visitors to, the Site, however, that information is anonymous and does not personally identify you. We do not provide personal information to third-party marketers without your consent.

We do not sell, rent, or share any of your personal information, including your email address, to third parties for their marketing purposes without your explicit consent.

By creating an account, you agree and consent to this Policy. You understand that certain information you provide to us may reveal, or allow others to identify, your gender, nationality, ethnic origin, religion or other aspects of your private life. All personal information provided to us including all information deemed sensitive by applicable law is voluntarily disclosed by you. You have the right to withdraw your consent to this Policy but such withdrawal shall not be effective to the extent that we have already taken actions relying on your consent.

We may disclose or sell the information collected through our Site as an asset of the company in conjunction with a business transition such as a merger, acquisition by another company, or sale of all or a portion of our assets. You acknowledge that such business transition may occur and that disclosure of your personal information (including personal health information) in that context is permitted by this Policy. In the event of a business transition, other than disclosure to the new owner(s), your personal information would continue to be treated in the manner outlined in this Policy or any pre-existing policy effective on the date the personal information was collected.

Notice of Privacy Practices Regarding Personal Health Information

In addition to the other provisions of this Policy regarding disclosure of personal information, as required by HIPAA, we prepared this explanation of how we are to maintain the privacy of your personal health information and how we may disclose such personal health information.

• We may use and disclose your medical records only for each of the following purposes: treatment, payment, and healthcare operation.
  • The term treatment as used above means providing, coordinating, or managing healthcare and related services by one or more healthcare providers. An example of this is a primary care doctor referring you to a specialist doctor.
  • The term payment as used above includes but is not limited to obtaining reimbursement for Services, confirming insurance coverage, and billing and collecting activities.
  • The term healthcare operations means the business aspects of running, assessing, evaluating, and improving the functionality and use of the Site and the Services by performing quality assessments, audits, and cost management analysis.
  • The following uses and disclosures of personal health information will only be made with your prior written authorization, which you may revoke in writing but which we will be required to honor and abide by except to the extent that we have already taken actions relying on your prior authorization:
• Most uses and disclosures of psychotherapy notes;
• Uses and disclosure of your personal health information for marketing purposes;
• Disclosures that constitute a sale of personal health information under HIPAA; and
• Other uses and disclosures not described in this notice.
• You may have the following rights with respect to your personal health information:
• The right to request restrictions on certain uses and disclosures, including disclosures to family members, other relatives, close personal friends, or any other person identified by you. However, we are not required to honor such a request except in limited circumstances. You will provide you an explanation of such circumstances upon receipt of your written request. If we do agree to a restriction, we will abide by it unless you agree in writing to remove it.
• The right to reasonably request to receive confidential communications of personal health information by alternative means or at alternative locations.
• The right to inspect and copy your personal health information.
• The right to amend your personal health information.
• The right to receive an accounting of disclosures of your personal health information.
• The right to obtain a paper copy of this Policy from us upon our receipt of your written request.
• The right to be advised if your unprotected personal health information is intentionally or unintentionally disclosed.
• If you have paid for Services “out of pocket,” in full and in advance, and you request that we do not disclose personal health information related solely to those Services to a health insurance plan, we will accommodate your request, except where we are required by law to make a disclosure. We are required by law to maintain the privacy of your personal health information and to provide you with notice of our legal duties and our privacy practices with respect to personal health information which we have done in this Policy.
• You have recourse if you feel that your protections have been violated by us. You have the right to file a formal, written complaint with us at [email protected] and with the Department of Health and Human Services, Office of Civil Rights. We will not retaliate against you for filing a complaint.

Legal Requests

GlobalMed cooperates with law enforcement inquiries, as well as other third parties to enforce laws, such as: intellectual property rights, fraud and other rights, to help protect you, other users, and GlobalMed from bad actors. Therefore, in response to a verified request by law enforcement or other government officials relating to a criminal investigation or alleged illegal activity, we can (and you authorize us to) disclose your name, city, state, telephone number, email address, and fraud complaints without a subpoena. Without limiting the above, in an effort to respect your privacy, we will not otherwise disclose your personal information to law enforcement or other government officials without a subpoena, court order or substantially similar legal procedure, except when we believe in good faith that the disclosure of such information is necessary to prevent imminent physical harm or suspected illegal activity.

Confidentiality and Security of personal information

Except as otherwise provided in this Policy, we will use reasonable precautions to keep personal information private and secure and we will not share personal information with third-parties, unless: (a) you authorize us to do so; (b) it is shared and disclosed as set forth in this Policy; (c) it is necessary in order to cooperate with law enforcement or other government officials with investigations of purported unlawful activities, conform to the edicts of the law, or comply with judicial proceedings and legal process served upon us; (d) it is necessary to protect, enforce and defend our or a healthcare providers rights and property, the Site, our employees, visitors or the public (including protecting and defending from fraudulent, abusive or unlawful use of the Site); (e) it is necessary to identify persons who may be violating the law, this Policy, the EULA, any of our copyrights, trademarks or other intellectual property rights, or those of any third-party, or misusing the Site or any related services, or (f)if we reasonably believe that an emergency involving immediate danger of death or serious physical injury to any person requires disclosure of communications or justifies disclosure of records without delay. You consent to us sharing your personal information under the above-described circumstances and as otherwise set forth in this Policy.

Your personal information is stored on secure servers in the United States and we have taken commercially reasonable steps to ensure that those servers are not accessible by unauthorized third parties. Nevertheless, because network security measures are not infallible and because third parties may unlawfully intercept or access transmissions or private communications, we cannot guarantee the security of your personal information or that it will always remain private.

If you access our Site from a shared computer or a computer in an internet caf, certain information about you may be visible to other individuals at the internet caf and your username or email address may be visible to other individuals who use the computer after you.

Disclosing Information to Third Parties

Links & Websites. Our Site contains third-party applications to allow you to share information with third parties including websites to process your payment. We are not responsible for the functionality of any third-party application, the transfer or connectivity to a third-party website, any content or information publicly displayed on a third-party website, the terms of use of a third-party website, or the privacy policy of a third-party website. We encourage you to read the privacy statements of each and every website you visit or use. This Policy applies solely to information collected by us and does not apply to any information you disclose to third parties or on another website. We do not guarantee the privacy or security of information you disclose to others therefore, we encourage you to evaluate the privacy and security policies of all websites before choosing to share your personal information with them.

Limitations On Use of Information. You agree to use information obtained through the Site only for the following purposes:

• to communicate with us or a healthcare provider and if you are a healthcare provider, to communicate with your patients, and
• to use the Services.

Public Communications. Please take precautions in disclosing personal information. Personal information disclosed online via email, blogs and the like can be collected and used by others. If you post personal information in those types of online environments, it is highly likely that it may be accessible to the public and you may receive unsolicited messages and advertisements commonly referred to as SPAM. You are solely responsible for maintaining the secrecy of your personal information.

SPAM. We do not tolerate SPAM. You are not permitted to use the Site or any related communication tool to send SPAM or to otherwise send content that may violate this Policy or the EULA. To report SPAM or spoof emails, please forward the email to [email protected]

Accessing, Updating and Removing personal information

In order to ensure that all of your personal information is correct, to update your personal information, or to change your personal settings, you may access our Site, log into your account, and edit your personal profile. You may request that we delete all or some of your personal information; however, we may not be able to delete certain records or information if we are required (by law or otherwise) to keep or preserve such information. For example, we may be required to retain records relating to the Services and health or financial information for compliance reasons. If we are able to delete personal information, it will be deleted from the active database but a copy may remain in our archives. Please note that we may also retain anonymous information about your use of the Site and the Service. We do not have the right to force any third-parties to delete or remove personal information you or we disclose to such third parties as permitted under this Policy.

Access by Minors

We do not knowingly collect or solicit personal information from anyone under the age of 18 or knowingly allow persons under the age of 18 to create an account with us. Only a parent or legal guardian of a person under the age of 18 may create a subaccount for a person under the age of 18 and submit personal information of such person under the age of 18. We have the right to remove personal information on the Site about a person under the age of 18 if the information is submitted by a person is not a parent or legal guardian of the person who is under the age of 18.

Disputes

Any dispute arising from or related to your use of our Site is subject to the dispute resolution provisions of the EULA.

Contact Information

You may contact us by using the Contact Us form or send a letter to the mailing address listed below. Please include your name and contact information and a detailed description of your request or privacy concern.

GlobalMed

Attn: HIPAA Security Officer

15023 N. 73rd St.

Scottsdale, AZ 85260

Digital Millennium Copyright Act (DMCA) Notice

In the event materials are made available to GlobalMed by third parties not within GlobalMeds control, GlobalMed shall not be under any obligation to, and will not, scan such content for the inclusion of illegal or impermissible content. However, we respect the copyright interests of others. It is our policy not to permit materials known by us to infringe another partys copyright to remain on the Site. If you believe any materials on the Site infringe a copyright, you should provide us with written notice that at a minimum contains:

• A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
• Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works are covered by a single notification, a representative list of such works;
• Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material;
• Information reasonably sufficient to permit us to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted;
• A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
• A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

All DMCA notices should be sent to our designated agent as follows:

Gallagher & Kennedy Service Corporation
2575 E. Camelback Road, Suite 1100
Phoenix, Arizona 85016-9225

It is our policy to terminate relationships with third parties who repeatedly infringe the copyrights of others.

Informed Consent For Telemedicine Services

As explained in the EULA, telemedicine is the use of electronic communications to enable healthcare providers at different locations to share individual patient medical information for the purpose of improving patient care. Providers may include primary care practitioners, specialists, and/or subspecialists. The information exchanged between the patient and the healthcare provider may be used for diagnosis, therapy, follow-up and/or education, and may include any of the following:

• Patient medical records
• Medical images
• Live two-way audio and video
• Output data from medical devices and sound and video files

We integrate software within our systems to protect the confidentiality of your identification and imaging data and we include certain protocols and measures to safeguard such information and data to ensure the integrity of our systems against intentional or unintentional corruption.

Benefits of Telemedicine:

• Telemedicine improves a patient’s access to medical care by allowing the patient to receive a medical diagnosis, recommendations and treatment from a healthcare provider while in the comfort of their own home or another remote site.
• Telemedicine provides timely medical evaluations and management.
• Telemedicine makes it possible for providers and patients to receive the expertise of a distant specialist.

Risks:

As with any medical procedure, there are potential risks associated with the use of telemedicine which includes, but may not be limited to:

• Even with optimal resolution images and accurate assessment questionnaires, the healthcare provider or physician’s assessment and evaluation decisions may differ from those made during an in-person exam and therefore, the diagnosis and treatment plan may also be different.
• Information transmitted may not be sufficient or may not be clear (e.g. poor resolution of images) to allow for appropriate medical decision making by the healthcare provider or physician;
• Delays in medical evaluation and treatment could occur due to deficiencies or failures of the equipment;
• Security protocols could fail, causing a breach of privacy of personal medical information; or
• A lack of access to complete medical records may result in adverse drug interactions or allergic reactions or other judgment errors.

BY USING THE TELEMEDICINE SERVICES OFFERED THROUGH THE SITE, I UNDERSTAND AND AGREE TO THE FOLLOWING:

1. I understand that the laws that protect the privacy and the confidentiality of medical information also apply to telemedicine and that no information obtained in the use of telemedicine that identifies me will be disclosed to researchers or other entities without my consent.
2. I understand that I have the right to withhold or withdraw my consent to the use of telemedicine in the course of my care at any time, without affecting my right to future care or treatment.
3. I understand that I have the right to inspect all information obtained and recorded in the course of a telemedicine interaction, and may receive copies of such information for a reasonable fee.
4. I understand that a variety of alternative methods of medical care may be available to me and that I may choose one or more of those methods at any time.
5. I understand that telemedicine may involve electronic communication of my personal medical information.
6. I understand that it is my duty to inform my physician of electronic interactions regarding my care that I may have with other healthcare providers.
7. I understand that I may expect the above-described benefits from the use of telemedicine services, but that no results can be guaranteed or assured.
8. I understand that even with the best resolution images the telemedicine services may not result in the same assessment, diagnosis, treatment or accuracy that an in-person visit can provide.

I HAVE READ AND UNDERSTAND THE INFORMATION PROVIDED ABOVE REGARDING TELEMEDICINE. I REPRESENT THAT I HAVE DISCUSSED THE ABOVE INFORMATION WITH MY PHYSICIAN OR HEALTHCARE PROFESSIONAL AND THAT ALL OF MY QUESTIONS HAVE BEEN ANSWERED TO MY SATISFACTION. BY CLICKING AGREE AND PROCEEDING WITH THIS SITE TO CREATE AN ACCOUNT, I GIVE MY INFORMED CONSENT FOR THE USE OF TELEMEDICINE IN MY MEDICAL CARE.