Privacy Policy

Medici Technologies, LLC Privacy Policy

Last modified: November 20, 2019

1. Introduction

Medici Technologies, LLC (“Medici,” or “we,” “our,” or “us”) respects your privacy and are committed to protecting it through our compliance with this policy.

This Privacy Policy (our “Privacy Policy”) describes the types of information we may collect from you or that you may provide when you visit the websites https://medici.md and https://www.docbookmd.com (collectively, our “Website”) and the associated Medici applications (collectively, our “Applications”) and our practices for collecting, using, maintaining, protecting, and disclosing that information.

This Privacy Policy applies to information we collect:

• on our Website and Application;
• in email, text, and other electronic messages between you and our Website and Application;
• when you interact with our advertising and applications on third-party websites and services, if those applications or advertising include links to this policy.

It does not apply to information collected by:

us offline or any other means, including on any other website operated by Medici (such as www.chironhealth.com) or any third-party;

• your Provider; or
• any third party, including through any application or content (including advertising) that may link to or be accessible from or on the Website or Application.

Note, Medici is not a medical group. Any telemedicine consults obtained through our Website or Application are provided by independent medical practitioners including, but not limited to, Medici Medical Group, P.A.; Medici Medical Group (DE), P.A.; Medici Medical Group (CA), P.C.; Medici Medical Group (KS), P.A.; and Medici Medical Group (NJ), P.A. (collectively, “MMG”), an independent medical group with a network of physicians and other healthcare professionals, including therapists, nutritionists, and veterinarians, among others (each, a “Provider”).  MMG (or your own medical provider if you do not use a MMG Provider) is responsible for providing you with a Notice of Privacy Practices describing its collection and use of your health information, not Medici If you do not agree to be bound by those terms, you are not authorized to access or use our Website and Application, and you must promptly exit our Website and Application.

Please read this policy carefully to understand our policies and practices regarding your information and how we will treat it. If you do not agree with our policies and practices, your choice is not to use our Website and Applications. By accessing or using our Website or Application, you agree to this Privacy Policy. This Privacy Policy may change from time to time (see Changes to Our Privacy Policy). Your continued use of our Website or Application after we make changes is deemed to be acceptance of those changes, so please check this Privacy Policy periodically for updates.

2. Data Controller, Data Protection Officer, and Representative

Medici is the data controller of your Personal Data. At this time, Medici is not required to appoint a Data Protection Officer or a representative in the EU, and has elected not to do so.  Medici may be contacted in any manner set forth below in the “Contact Information” Section of this Privacy Policy.

3. Children Under the Age of 18

If you are under the age of eighteen (18) and wish to create an account with Medici (“Account”), your parent or legal guardian must create the Account, submit your personal information, and agree to these Terms of Use on your behalf. If you are under the age of 13, you may only use our services and access our Website and Application with the supervision and consent of your parents or legal guardians, including the Provider consultation services.  If we learn that we have collected personal information from someone under the age of 13 that was not provided with the supervision and consent of the minor’s parents or legal guardian, we will promptly delete that information. If you believe we have impermissibly collected personal information from someone under the age of 13, please contact us using the information below.

4. Information We Collect About You and How We Collect It

Generally

We collect several types of information from and about users of our Website and Application, specifically information:

• by which you may be personally identified, such as: name; home, work, billing, and shipping address; e-mail address; telephone numbers; date of birth; credit card, debit card, or financial/bank account numbers (for payment purposes only); government or license identification numbers (including NPI numbers for Providers); driver’s license numbers; photos, audio, and video of you; your gender; your medical history and health information; and criminal background checks / information (through our third party providers); or any other identifier by which you may be contacted online or offline (all of the foregoing collectively, “Personal Data”);
• that is about you but individually does not identify you, such as traffic data, location data, logs, referring/exit pages, date and time of your visit to our Website or use of our Application, error information, clickstream data, and other communication data and the resources that you access and use on the Website or through our Application; or
• about your internet connection, the equipment you use to access our Website or use our Application and usage details.

We collect this information:

• directly from you when you provide it to us;
• automatically as you navigate through the Website or use our Application. Information collected automatically may include usage details, IP addresses, and information collected through cookies, web beacons, geo-location services, and other tracking technologies; and
• from third parties, for example, our business partners and the Providers.

Information You Provide to Us and Your Provider

The information we collect on or through our Website or through our Application are:

• information that you provide by filling in forms on our Website or the Application. This includes information provided at the time of registering to use our Website or Application, using our physician consultation or other services, using the search feature of our Website and Applications, or requesting further services. We may also ask you for information when you report a problem with our Website or Application;
• records and copies of your correspondence (including email addresses), if you contact us;
• your responses to surveys that we might ask you to complete;
• details of transactions and interactions you carry out through our Website or through the Application and of the fulfillment of your orders. You may be required to provide financial information before placing an order through our Website or Application; and
• information you provide to our third party service providers on our behalf (including information you provide for background checks and to process payments). We also may obtain information you share with your Provider from him or her. In such a case, we will utilize strict confidentiality as legally required to protect your Personal Data.

Your Provider may record (audio and video) all or part of your interaction with him or her (“Recordings”). Such Recordings are used for quality assurance purposes, to better deliver to you the Products and Services, and to help us improve the Website and Application. Medici will keep such Recordings confidential, and we will not publically display such recordings unless legal required to do so, such as if subject to a court order. By accessing and using the Site, you agree and consent to such Recordings for the purposes and uses set forth in the Terms of Use [https://www.medici.md/hipaa-privacy] and as otherwise set forth in this Privacy Policy. You may withdraw your consent to Record at any time by ending the conversation with the Provider and either logging our or ending your session in the Website or Application. You may request that Medici delete the Recording by Contacting Us as set forth below.

The Personal Data we collect from you may be required to enter into a contract with Medici, for Medici to perform under the contract, and to provide you with our products and services. If you refuse to provide such Personal Data or withdraw your consent to our processing of Personal Data, then in some cases we may not be able to enter into the contract or fulfill our obligations to you under it.

You also may provide information to be published or displayed (hereinafter, “posted”) on public areas of the Website or Application, on third party social media sites (such as LinkedIn or Facebook), or transmitted to other users of the Website or Application or third parties (collectively, “User Contributions”). Your User Contributions are posted on and transmitted to others at your own risk. Although we limit access to certain pages, please be aware that no security measures are perfect or impenetrable and we have no control over the security of third party social media sites. Additionally, we cannot control the actions of other users of the Website and Application with whom you may choose to share your User Contributions. Therefore, we cannot and do not guarantee that your User Contributions will not be viewed by unauthorized persons.

Information We Collect Through Automatic Data Collection Technologies

As you navigate through and interact with our Website and Application, we may use automatic data collection technologies to collect certain information about your equipment, browsing actions, and patterns, specifically:

• details of your visits to our Website or Application, such as traffic data, location data, logs, referring/exit pages, date and time of your visit to our Website or use of our Application, error information, clickstream data, and other communication data and the resources that you access and use on the Website or in the Application; and
• Information about your computer, mobile device, and internet connection, specifically your IP address, operating system, browser type, and Application version information.

The information we collect automatically may include Personal Data or we may maintain it or associate it with Personal Data we collect in other ways or receive from third parties. It helps us to improve our Website and Application and to deliver a better and more personalized service by enabling us to:

• estimate our audience size and usage patterns;
• verify your location to ensure we can provide you with our services;
• store information about your preferences, allowing us to customize our Website and our Application according to your individual interests;
• recognize you when you return to our Website and our Application.

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 or mobile device. Details about the automated data collection technologies and the specific cookies that we use can be found in our Cookie Policy. [https://www.medici.md/cookie-policy/]
• Google Analytics. We use Google Analytics, a web analytics service provided by Google, Inc. (“Google”) to collect certain information relating to your use of the Website. Google Analytics uses cookies to help the Website analyze how users use the site. You can find out more about how Google uses data when you visit our Website by visiting “How Google uses data when you use our partners' sites or apps”, (located at google.com/policies/privacy/partners/). We may also use Google Analytics Advertising Features or other advertising networks to provide you with interest-based advertising based on your online activity. For more information regarding Google Analytics, please visit Google's website and pages that describe Google Analytics, such as www.google.com/analytics/learn/privacy.html.

5. Lawful Basis for Processing Your Personal Data

If you are in the European Union, the processing of your Personal Data is lawful only if it is permitted under the applicable data protection laws. We have a lawful basis for each of our processing activities (except when an exception applies as described below):

• By using our Website, you consent to our collection, use, and sharing of your Personal Data as described in this privacy policy. If you do not consent to this privacy policy, please do not use the Website;
• Legitimate Interests. We will process your Personal Data as necessary for our legitimate interests. Our legitimate interests are balanced against your rights and freedoms and we do not process your Personal Data if your rights and freedoms outweigh our legitimate interests. Our legitimate interests are to: facilitate communication between Medici and you; detect and correct bugs and to improve our Website; safeguard our IT infrastructure and intellectual property; detect and prevent fraud and other crime; promote and market our business; check your credit and perform risk assessments; perform employment screening and to manage our workforce, assets, and business; develop our product and services; and to provide you with the products and services on our Website and Application;
• To Fulfill Our Obligations to You under our Contract. We process your Personal Data in order to fulfill our obligations to you pursuant to our contract with you to deliver our goods and services to you.
• As Required by Law. We may also process your Personal Data when we are required or permitted to by law; to comply with government inspections, audits, and other valid requests from government or other public authorities; to respond to legal process such as subpoenas; or as necessary for us to protect our interests or otherwise pursue our legal rights and remedies (for instance, when necessary to prevent or detect fraud, attacks against our network, or other criminal and tortious activities), defend litigation, and manage complaints or claims.

6. Special Categories of Information

Some Personal Data processed by Medici may be considered sensitive, including personal data concerning your health or information relating to criminal convictions as part of background checks conducted by our third party vendors on our behalf. Medici processes this information only to the extent necessary to carry out its obligations under the law or to the extent necessary to protect Medici’s legitimate interests.

7. Automated Decisions Making

Medici does not use your Personal Data with any automated decision making process, including profiling, which may produce a legal effect concerning you or similarly significantly affect you.

8. How We Use Your Information

We use information that we collect about you or that you provide to us, including any Personal Data:

• to present our Website and its contents to you;
• to present our Application;
• to register and service your account with us;
• to provide and improve the products and services we offer to you;
• to provide you with information, products, or services that you request from us;
• to administer surveys and promotions;
• to process, fulfill, and administer transactions and orders for products and services ordered by you;
• to contact you in response to a request;
• to enhance and improve our Website and our Applications;
• to fulfill any other purpose for which you provide it;
• to carry out our obligations and enforce our rights arising from any contracts entered into between you and us, including for billing and collection;
• to notify you about changes to our Website, our Application, or any products or services we offer or provide though them;
• in any other way we may describe when you provide the information; and
• for any other purpose with your consent.

We may also use your information to send you secure electronic messages and personalized emails pertaining to your interests as inferred from your use of our Website or Application, including news, announcements, reminders and opportunities from Medici, or about our own goods and services that may be of interest to you. If you wish to opt-out of receiving such communications, you may do so at any time by clicking unsubscribe at the bottom of these communications. For more information, see Choices About How We Use and Disclose Your Information.

We may use how you browse and shop in order to show you ads for company or our advertising partners that are more relevant to your interests. We may use cookies and other information to provide relevant interest-based advertising to you. Interest-based ads are ads presented to you based on your browsing behavior in order to provide you with ads more tailored to your interests. These interest-based ads may be presented to you while you are browsing our Website, Application, or third party sites not owned by Medici.

Medici may aggregate or de-identify your information such that it is no longer considered protected health information or personally identifiable information. Medici may disclose, sell, or otherwise use such aggregated or de-identified information for its own purposes or provide such information to third parties for analytics, research, or other purposes.

Where Medici collects your information in its role as a HIPAA business associate to your Provider, Medici will use and disclose that information in accordance with the terms of the Provider’s Notice of Privacy Practices, the business associate agreement between your Provider and Medici, and applicable law.

9. Disclosure of Your Information

We do not share, sell, or otherwise disclose your Personal Data for purposes other than those outlined in this Privacy Policy. However, we may disclose aggregated information about our users, and information that does not identify any individual, without restriction.

We may disclose Personal Data that we collect or you provide as described in this privacy policy:

• to our subsidiaries and affiliates;
• to contractors, service providers, and other third parties we use to support our business. The services provided by these organizations include providing IT and infrastructure support services, and ordering, marketing, and payment processing services. Our payment processors’ privacy policies may be found at http://stripe.com/us/privacy;
• to a buyer or other successor in the event of a merger, divestiture, restructuring, reorganization, dissolution, or other sale or transfer of some or all of our assets, whether as a going concern or as part of bankruptcy, liquidation, or similar proceeding, in which Personal Data held by Medici about our Website and Application users are among the assets transferred;
• to fulfill the purpose for which you provide it. For example, we may disclose your personal information to a Provider if you use such feature of our Website or Application;
• for any other purpose disclosed by us when you provide the information; and,
• with your consent.

We may also disclose your Personal Data:

• to comply with any court order, law, or legal process, including to respond to any government or regulatory request;
• to enforce or apply our Terms of Use [https://www.medici.md/hipaa-privacy] and other agreements, including for billing and collection purposes; and
• if we believe disclosure is necessary or appropriate to protect the rights, property, or safety of Medici, our customers, or others. This includes exchanging information with other companies and organizations for the purposes of fraud protection and credit risk reduction.

10. Choices About How We Use and Disclose Your Information

We do not control the collection and use of your information collected by third parties described above in Disclosure of Your Information. When possible, these organizations are under contractual obligations to use this data only for providing the services to us and to maintain this information strictly confidential. These third parties may, however, aggregate the information they collect with information from their other customers for their own purposes.

In addition, we strive to provide you with choices regarding the Personal Data you provide to us. We have created mechanisms to provide you with control over your Personal Data:

• Tracking Technologies and Advertising. You can set your browser or operating to refuse all or some cookies, or to alert you when cookies are being sent. If you disable or refuse cookies, please note that some parts of our Website or Application may then be inaccessible or not function properly.
• Promotional Offers from Medici. We will only use your contact information to promote our own or third parties’ products and services with your express consent. If you wish to consent to such use, you can check the relevant box located on the form on which we collect your Personal Data or otherwise seek such consent. If you wish to change your choice, you may do so at any time by sending us an email stating your request to support@medici.md (for Medici users) and help@docbookmd.com (for DocBook users). If we have sent you a promotional email, you may send us a return email asking to be omitted from future email distributions. This opt out does not apply to information provided to Medici as a result of a product purchase, warranty registration, product service experience or other transactions.
• Targeted Advertising. We will only use information that we collect or you provide to deliver advertisements according to our advertisers’ target-audience preferences with your express consent. If you wish to consent to such use, you can check the relevant box located on the form on which we collect your Personal Data or otherwise seek such consent. If you wish to change your choice, you may do so at any time by sending us an email stating your request to support@medici.md (for Medici users) and help@docbookmd.com (for DocBook users). To learn more about interest-based advertisements and your opt-out rights and options, visit the Digital Advertising Alliance and the Network Advertising Initiative websites (aboutads.info and www.networkadvertising.org). Please note that if you choose to opt out, you will continue to see ads, but they will not be based on your online activity. We do not control third parties’ collection or use of your information to serve interest-based advertising. However, these third parties may provide you with ways to choose not to have your information collected or used in this way. You can also opt out of receiving targeted ads from members of the NAI on its website.

11. Your Rights Regarding Your Information and Accessing and Correcting Your Information

Applicable data protection laws may provide you with certain rights with regards to our processing of your Personal Data.

• Access and Update. You can review and change your Personal Data by contacting us through the Contact Information You may also notify us of any changes or errors in any Personal Data we have about you to ensure that it is complete, accurate, and as current as possible. We may not be able to accommodate your request if we believe it would violate any law or legal requirement or cause the information to be incorrect.
• You have the right to restrict our processing of your Personal Data under certain circumstances. In particular, you can request we restrict our use of it if you contest its accuracy, if the processing of your Personal Data is determined to be unlawful, or if we no longer need your Personal Data for processing but we have retained it as permitted by law.
• To the extent the Personal Data you provide Medici is processed based on your consent, you have the right to request that we provide you a copy of, or access to, all or part of such Personal Data in structured, commonly used and machine-readable format. You also have the right to request that we transmit this Personal Data to another controller, when technically feasible.
• Withdrawal of Consent. To the extent that our processing of your Personal Data is based on your consent, you may withdraw your consent at any time by contacting us through the Contact Information We may no longer be able to provide you with some or all of our products and services based on your withdrawal of your consent. Withdrawing your consent will not, however, affect the lawfulness of the processing based on your consent before its withdrawal, and will not affect the lawfulness of our continued processing that is based on any other lawful basis for processing your Personal Data.
• Right to be Forgotten. You have the right to request that we delete all of your Personal Data. We cannot delete your Personal Data except by also deleting your user account, and we will only delete your account when we no longer have a lawful basis for processing your Personal Data or after a final determination that your Personal Data was unlawfully processed. We may not accommodate a request to erase information if we believe the deletion would violate any law or legal requirement or cause the information to be incorrect. In all other cases, we will retain your Personal Data as set forth in this policy. In addition, we cannot completely delete your Personal Data as some data may rest in previous backups. These will be retained for the periods set forth in our disaster recovery policies. If you delete your User Contributions, copies of your User Contributions may remain viewable in cached and archived pages, or might have been copied or stored by other Website or Application users. Proper access and use of information provided on the Website and Application, including User Contributions, is governed by our terms of use [https://www.medici.md/hipaa-privacy].
• You have the right to lodge a complaint with the applicable supervisory authority in the country you live in, the country you work in, or the country where you believe your rights under applicable data protection laws have been violated. However, before doing so, we request that you contact us directly in order to give us an opportunity to work directly with you to resolve any concerns about your privacy.
• How You May Exercise Your Rights. You may exercise any of the above rights by contacting us through any of the methods listed under Contact Information If you contact us to exercise any of the foregoing rights, we may ask you for additional information to verify your identity. We reserve the right to limit or deny your request if you have failed to provide sufficient information to verify your identity or to satisfy our legal and business requirements. Please note that if you make unfounded, repetitive, or excessive requests (as determined in our reasonable discretion) to access your Personal Data, you may be charged a fee subject to a maximum set by applicable law.

12. Do Not Track Signals

We also may use automated data collection technologies to collect information about your online activities over time and across third party websites or other online services (behavioral tracking). Some web browsers permit you to broadcast a signal to websites and online services indicating a preference that they “do not track” your online activities. At this time, we do not honor such signals and we do not modify what information we collect or how we use that information based upon whether such signal is broadcast or received.

13. Data Security

We have implemented measures designed to secure your Personal Data from accidental loss and from unauthorized access, use, alteration, and disclosure. We use encryption technology for information sent and received by us.

The safety and security of your information also depends on you. Where you have chosen a password for the use of our Application, you are responsible for keeping this password confidential. We ask you not to share your password with anyone.

Unfortunately, the transmission of information via the internet is not completely secure. Although we do our best to protect your Personal Data, we cannot guarantee the security of your Personal Data transmitted to our Website or on or through our Application. Any transmission of Personal Data is at your own risk. We are not responsible for circumvention of any privacy settings or security measures contained on the Website, in your operating system, or in the Application.

14. Location-Enabled Features

Certain location-enabled functionality made available in the Website and Application is provided by Google, Apple Inc., and other third party providers. Your use of that functionality may be subject to additional privacy (and other) terms and conditions (as updated from time-to-time), including the terms that are accessible through: http://www.google.com/intl/en-US_US/help/terms_maps.html and https://www.apple.com/legal/internet-services/maps/terms-en.html. You must exercise your own judgment as to the adequacy and appropriateness of the sharing of this information with us.

15. Changes to Our Privacy Policy

We may change this Privacy Policy at any time. It is our policy to post any changes we make to our Privacy Policy on this page with a notice that the Privacy Policy has been updated on the Website’s home page or the Application’s home screen. If we make material changes to how we treat our users’ Personal Data, we will notify you by email to the email address specified in your account or through a notice on the Website’s home page or the Application’s home screen. The date this 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 email address for you, and for periodically accessing the Application or visiting our Website and reviewing this Privacy Policy to check for any changes.

16. Consent to Processing of Personal Data in the United States

If you are a resident of the European Economic Area (“EEA”), in order to provide our Website, Applications, products, and services to you, we may send and store your Personal Data outside of the EEA, including to the United States. Accordingly, your Personal Data may be transferred outside the country where you reside or are located, including to countries that may not or do not provide an equivalent level of protection for your Personal Data.

Your Personal Data is transferred by Medici to another country only if it is required or permitted under applicable data protection law and provided that there are appropriate safeguards in place to protect your Personal Data. By using our Website and Application, you represent that you have read and understood the above and hereby consent to the storage and processing of Personal Data that you provide directly to us on our Website and Application. To ensure your Personal Data (other than Personal Data you provide directly to us on our Websites and Application) is treated in accordance with this Privacy Policy, Medici uses Data Protection Agreements between Medici and all other recipients of your data that include, where applicable, the Standard Contractual Clauses adopted by the European Commission (the “Standard Contractual Clauses”). The European Commission has determined that the transfer of Personal Data pursuant to the Standard Contractual Clauses provides for an adequate level of protection of your Personal Data. Under these Standard Contractual Clauses, you have the same rights as if your data was not transferred to such third party. You may request a copy of the Data Protection Agreement by contacting us through the Contact Information below.

17. Data Retention Periods

Medici will retain your Personal Data for the entire time that you keep your account open. After you close your account, we may retain your Personal Data:

• for as long as necessary to comply with any legal requirement;
• on our backup and disaster recovery systems in accordance with our backup and disaster recovery policies and procedures;
• for as long as necessary to protect our legal interests or otherwise pursue our legal rights and remedies; and
• for data that has been aggregated or otherwise rendered anonymous in such a manner that you are no longer identifiable, indefinitely.

18. Contact Information

If you have any questions, concerns, complaints, or suggestions regarding our Privacy Policy or otherwise need to contact us, you may contact us at the contact information below or through the “Contact” page on our Website or in the Application.

How to Contact Us:

By Mail:

Medici Technologies, LLC

7500 Rialto Blvd.

Building I

Ste. 260

Austin, TX 78735

By Telephone:

For DocBook: (888) 204-0053

For Medici: (512)-982-3312

By Email:

For Medici: support@medici.md

For DocBook: help@docbookmd.com