FlexCare, LLC Privacy Policy

Effective: 05/01/2013
Last Revised: 01/13/2021

PLEASE REVIEW CAREFULLY

FlexCare, LLC (FlexCare) respects the privacy of each and every person and is committed to protecting all of your personal and protected health information (PHI). This Privacy Policy applies to www.FlexCare.com and MyFlexCare.com owned and operated by FlexCare, LLC.

This policy describes how personal information we may collect from you or that you provide when you visit FlexCare.com, MyFlexCare.com or any of our other affiliated websites where this policy is posted (collectively “Website”) and the FlexCare mobile application (“Applications”) and our practices for collecting, using, maintaining, protecting and disclosing that information.  Your use of FlexCare’s Services (Website and Application) indicates your acceptance of the terms of this Policy.  This Privacy Policy may change from time to time.  Your continued use of our Website and Application after we make changes is deemed to be acceptance of those changes, so please check this Privacy Policy periodically for updates.

This policy applies to information we collect:

  • on our Website and Application
  • in emails, text messages, phone conversations, video interactions and any other electronic messages between you and our Website and Application
  • when you interact with our applications on third party websites and services, if those applications include links to this policy.

It does not apply to information collected by:

  • us offline or through any other means, including on any other website operated by FlexCare or any third party
  • 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, FlexCare is not a medical group. Any Digital Health consults obtained through our Website or Application are provided by independent United States based third party networks and health care providers (each, a “Provider”). Provider is responsible for providing you with a Notice of Privacy Practices describing its collection and use of your health information, not FlexCare. If you do not agree to be bound by those terms, you are not authorized to access or use our Website, and you must promptly exit our Website or Application.

I. INTRODUCTION

FlexCare is engaged in the business of providing Digital Health Programs to connect individuals with physicians, licensed therapists and other licensed healthcare practitioners in real time, via live streaming video, telephone, text and/or secure e-mail for the diagnosis and treatment of patients over the Internet, as well as providing other types of administrative services (the “Services”).

II. INFORMATION THAT MAY BE COLLECTED

We collect different types of information about you, including information that may directly identify you, information that is about you but individually does not personally identify you, and information that we combine with our other users. This includes information that we collect directly from you or through automated collection technologies.

We collect several types of information from and about users of our Website and Application (collectively, “Personal Information”), specifically information:

  • by which you may be personally identified, such as name, address, e-mail address, home, work, and mobile telephone numbers, date of birth, audio (including recordings and transcripts), images and videos of you, gender, Social Security Number, your medical history, and health information;
  • about your Internet connection, the equipment you use to access our Website or use our Application and usage details, such as traffic data, logs, referring/exit pages, date and time of your visit to our Website or use of our Application, error information, click stream data, and other communication data and the resources that you access and use on the Website or through our Application.

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 and other tracking technologies; and
  • from third parties, for example, our business partners and providers.

The first time you log in to FlexCare’s website to utilize the Services, you will be asked to create an account also known as your profile. To create an account, you must provide personal information such as name, address, telephone number, date of birth, e-mail address, gender, and other pertinent data that will be available for you to share with your Provider.

FlexCare will use the e-mail address you provide when you create your account to send you an e-mail requesting that you validate your account. Your e-mail address may also be used by FlexCare to provide appointment reminders, changes in appointments, messages from your physician, or Health related Programs as described in this Policy and the Terms of Use. FlexCare will use your e-mail address as the primary means to reset your username and password. Your e-mail address will not be shared with any other third parties and will not be used for advertising or sales purposes.

FlexCare creates a record of the care and services you receive. Some examples of the information collected or created through this process are video and/or audio files associated with all consultations, electronic medical records that may be uploaded or created as a result of treatment, and medical test results.

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

  • information that you provide by filling in forms on our Website or the Application videos, images and recordings when interacting with a Provider on our Website or the Application. This includes information provided at the time of registering to use our Website or Application as well as information provided when using our Provider consultation services, purchasing products, 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; and
  • details of transactions you carry out through our Website or through the Application.

You also may provide information to be published or displayed (hereinafter, “posted”) on public areas of the Website or Application 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. 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.

In order to participate in the Services, you will need to provide Personal Health Information about yourself to either FlexCare or the Providers. Here are examples of the types of Personal Health Information we gather:

  • Information You Give Us – Examples of the types of information you may provide us include measurements, such as weight, blood pressure or glucose levels, lab results, medications, health history, and other health or PHI, such as prescription information.
  • Information Accessed through Third-Party Data Services – When you use our Services, we may access health-related information about you that is stored with third party-data services such as Microsoft HealthVault or Google Health, and such information will subsequently be available to us.
  • Third-Party Information – Health-related information about you received from third-parties (such as nurses, doctors or family members) as well as personally identifiable and other health-related information you provide specifically related to family members who may be utilizing the Services under your account.
  • Demographic Information, such as age, education, gender, social security number and zip code. 

III. HOW INFORMATION ABOUT YOU MAY BE USED BY FlexCare

FlexCare may gather PHI primarily to share with Providers for the purposes of diagnosis, treatment, and health care operations. However, in limited circumstances, FlexCare may use de-identified, non-personal information for statistical analysis, improvement of the Services, and customization of web design and content layout and products and services.

We use your Personal Information for various purposes described below, including to:

  • provide our Website or Application to you;
  • provide services to you through our Provider networks;
  • provide you with information you request from us;
  • enforce our rights arising from contracts;
  • notify you about changes; and
  • provide you with notices about your account.

Uses and Disclosures of PHI 

FlexCare is permitted to use and disclose your PHI for purposes of (i) Treatment, (ii) Payment, (iii) Health Care Operations and (iv) As Required by Law as follows:

For Treatment. FlexCare may use or disclose your PHI to facilitate treatment or the provision of health care services to a Provider for purposes of a consultation or in connection with the provision of follow-up treatment. FlexCare may share your PHI with doctors, nurses, technicians, students or other Provider workers.

For Payment. FlexCare may use and disclose your PHI with others who help pay for your care such as health insurers or health plans in connection with the processing and payments of claims and other charges.

For Health Care Operations. FlexCare may use and disclose your PHI for its health care operations. These uses and disclosures help us run our programs and make sure FlexCare’s members receive quality care. For example, FlexCare may use PHI to review the treatment and provision services.. FlexCare may share PHI with third parties who FlexCare engages to provide various services for FlexCare and you. If any such third party requires access to your PHI in order to perform the agreed upon services, FlexCare will require that third party be bound to the terms outlined in this Privacy Policy.

As Required By Law. FlexCare may use and disclose your PHI when required to do so by federal, state or local law.

IV. HOW SECURITY IS HANDLED AT FlexCare

The importance of security for all personal information including, but not limited to, PHI associated with you is of utmost concern to us. At FlexCare, we exercise state of the art care in providing secure transmission of your information from your PC or mobile device to our servers. PHI collected by our web site is stored in secure operation environments that are not available or accessible to the public. Only those employees who need access to your information in order to do their jobs are allowed access, each having signed confidentiality agreements. Any employee who violates our privacy or security policies is subject to disciplinary action, including possible termination and civil and/or criminal prosecution.

FlexCare is not only HIPPA compliant but additionally utilizes the latest technologies to ensure utmost security. FlexCare uses several layers of firewall security and different degrees of encryption for each customer’s sensitive PHI to ensure the highest level of security which meets or exceeds the requirements promulgated under HIPAA. FlexCare, LLC is the sole owner of the information collected on its site. FlexCare will not sell, share or lease this information to others.

Cookies and Tracking Technologies

Cookies are text information files that your web browser places on your computer when you visit a website. Cookies assist in providing non-personal information from you as an online visitor. It can be used in the customization of your preferences when visiting our website. Most browsers accept cookies automatically, but can be configured not to accept them or to indicate when a cookie is being sent. FlexCare uses Google Analytics, a third-party tracking service, which uses cookies to track non-personal identifiable information about our visitors to our main site in the aggregate to capture usage and volume statistics. FlexCare has no access to or control over these cookies. This privacy policy covers the use of cookies by FlexCare only and does not cover the use of cookies by any third-party.

Security on our Website

Secure interaction. When you interact on our web site, all of your PHI is transmitted through the Internet using Secure Socket Layers (SSL) technology. SSL technology causes your browser to encrypt your entered information before transmitting it to our secure server. SSL technology, an industry standard, is designed to prevent someone other than operators of our web site from capturing and viewing your personal information. FlexCare also takes the following measures to protect your PHI online:

Passwords. To provide you with an increased level of security, online access to your PHI is protected with a password you select. We strongly recommend that you do not disclose your password to anyone. FlexCare will never ask you for your password in any unsolicited communication (including unsolicited correspondence such as letters, phone calls, or E-mail messages).

Information. Since any entered information you provide to us on our website will be transmitted using a secure connection, if your web browser cannot support this level of security, you will not be able to order products through our website. The most recent versions of Safari, Google Chrome, Microsoft Internet Explorer and Firefox can support a secure connection and can be downloaded for free from their respective websites.

No data transmission over the Internet can be guaranteed to be 100% secure. While we strive to protect your PHI from unauthorized access, use or disclosure, FlexCare cannot ensure or warrant the security of any information you transmit to us on our web site. We have implemented measures designed to secure your Personal Information from accidental loss and from unauthorized access, use, alteration, and disclosure. We use application timeouts and 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 Website or 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 work diligently to try and protect your Personal Information, we cannot guarantee the security of your Personal Information transmitted to our Website or on or through our Application. Any transmission of Personal Information 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.

V. Privacy Rights

You may review and change your Personal Information by logging into the Application or Website and visiting your Account Information.

You can review and change your Personal Information by logging into our Website or Application and visiting the Account Information section of our Application or Website. You may also notify us through the Contact Information below of any changes or errors in any Personal Information we have about you to ensure that it is complete, accurate, and as current as possible or to delete your account. We cannot delete your personal information except by also deleting your account with us. We may also 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.

With respect to any PHI in our possession, you have certain rights under HIPAA as described in the Notice of Privacy Practices provided to you by your healthcare Provider.

VI. Revisions To This Policy

FlexCare is constantly innovating and implementing new features as part of its Services. As a result, our privacy practices may change. We may revise this Policy to reflect any changes in our privacy practices. We reserve the right to make the revised Policy effective for PHI we already have about you. It also will be effective for any information we receive in the future. We will post a current version of the Policy on this Site prior to the change becoming effective. The effective date of this Policy is on the first page, in the top, right-hand corner. If we make any material changes we will notify you by email (sent to the e-mail address specified in your account) or by means of a Policy on this Site prior to the change becoming effective.

VII. Contact Information

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

FlexCare, LLC
3340 Peachtree Rd, NE Suite 1525
Atlanta, GA 30326

ACCEPTANCE

By using this site and FlexCare’s Services, you acknowledge your acceptance of FlexCare’s privacy policy and agree to the terms described herein. If you do not agree with this policy, you should not use FlexCare’s Services. It is recommended that you read this privacy policy before use of Services to ensure that you have not missed any changes to the privacy policy. Your continued use of the Services following any changes to the privacy policy signifies your acceptance of those changes.