IMAGEMOVER PRIVACY POLICY
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Last Updated August 26, 2022
This privacy policy (“Privacy Policy”) describes how ImageMover(MD), Inc. (“ImageMover”, “we”, “our” or “us”) uses personal information that we process in connection with your use of this mobile application or any other website or application that we operate that links to this Privacy Policy, however accessed (collectively, our “App(s)”).
Please read this Privacy Policy carefully to better understand how we collect, use, and disclose personal information about you as you use our App. Any changes to this Privacy Policy will appear on this page, so we encourage you to review it periodically.
IMAGEMOVER’S SERVICES
ImageMover provides secure clinical care workflow software and delivers test result capture, user decision support, related data management and processing services (the “Service(s)”) to customer organizations (“Customer Organization(s)”) in conjunction with other third-party products and services, including for example health or wellness test kits (collectively, “Test Kits”). In providing Services, ImageMover acts as a service provider to the Customer Organizations that purchase these third-party Test Kits. As a service provider, ImageMover does not control any personal information we process on behalf of Customer Organizations. Rather, the Customer Organizations determine and control what information to collect, and ImageMover is contractually required to provide our Services in accordance with our Customer Organization’s instructions. Our Apps are business to business websites or applications that are not intended for personal use. Our Apps are only available for use by individuals who are authorized users (“Authorized Users”) of a Customer Organization that has entered into an agreement with ImageMover (an “Agreement”) for the use of our Services. ImageMover Customers Organizations and their Authorized Users may use our Apps in accordance with their Agreements to process their business-related information, which could include information collected from third parties as permitted by the Customer Organization’s Agreement.
Our Customer Organizations may use our Services to collect information from individuals, including their employees or contractors, relating to the third-party Test Kits (collectively, “Test Subjects”) and use our Services to manage other personal information and activity. All such personal information, including personal health information, is dealt with in accordance with the privacy policy of the respective Customer Organization. ImageMover may only process and host such information on behalf of the Customer Organization for the purpose(s) for which you have consented in accordance with their respective privacy policy. ImageMover is not responsible for the privacy and security practices of our Customer Organizations, and this Privacy Policy is not intended to cover those Customer Organization’s practices or any other third party’s privacy practices with respect to its employees, contractors or any other individuals from whom it collects information.
This Privacy Policy only applies where ImageMover is the organization responsible for the collection, use and disclosure of your personal information and such information is in our possession or custody. This includes:
When you create an account to become an Authorized User of the Services, we collect the information described below in order to establish your account.
When you contact us for customer service or with an application or inquiry.
By using the App or our Services or otherwise providing us with your personal information, you consent to our collection, use and disclosure of your personal information in accordance with the terms of this Privacy Policy. If you do not agree with this Privacy Policy, please do not use our App or Services.
INFORMATION WE COLLECT IN PROVIDING SERVICES
The information we collect from you varies, depending on the way you use our App or Services. We collect information from or about you in the ways described below. To the extent ImageMover collects personal information directly from you as an Authorized User, that information is generally limited to the personally identifying information that you use in the context of your Customer Organization’s business purposes (“Business Personal Information”). Our Services, however, allow you to collect and process personal information relating to your Customer Organization’s Test Subjects to the extent you submit or provide that information through your use of our Services. Because ImageMover does not collect information from your Test Subjects directly and only process their information in order to provide Services to you, you must ensure that you provide your Test Subjects with any required notices or information about your privacy practices and obtain any necessary consent. Our privacy practices with respect to the information we collect on this App is described more specifically below.
Information You Provide To Us
Business Personal Information You Provide Us
ImageMover collects Business Personal Information from you when you create an account or otherwise access or use Services on our App. This information may relate to your business contact information, as an Authorized Users and may include your:
Name
User Name
Email address
Phone number
Test Subject Personal Information You Provide on Behalf of Your Customer Organization
When you use our App or Services, we collect information on behalf of your Customer Organization that you choose to collect, share, or process through our Services. Your Organization determines what information to request or require its Test Subjects to provide when using our Services.
No Test Subject Personal Information
In some cases, your Customer Organization does not provide ImageMover any personal information relating to its Test Subjects but instead uses the Services on our App as a tool to move images without providing us any Test Subject Personal Information.
Certain Test Subject Personal Information
Some Customer Organizations provide us personal information in using our App or Services in order to provide their services to their Test Subjects. The types of personal information we could process from your Customer Organization about your individual Test Subjects should be disclosed in your Customer Organization’s privacy policy and may include:
Test Kit Info
Test Kit Manufacturer
Test Kit Expiration date
Test Kit lot number
Test Subject Info
Job/Role (example student, coach)
External ID (Student ID # or Employee ID#)
External ID Picture (Image)
Last Name
First Name
Middle Name
Date of Birth
Gender
Phone Number
Address
Residence ZIP/postal code
Residence county/parish/city/town
Email
Additional Job/Role information (example jersey number, position)
Symptoms
Consent Signature (Image)
Consent Received (Text)
Test results
Image of test results
Test result date
Ordering provider name and National Provider Identifier (NPI) number or evidence of licensing or accreditation (as applicable)
Ordering provider ZIP/postal code
Performing facility name and Clinical Laboratory Improvement Amendments (CLIA) number or evidence of licensing or accreditation (as applicable)
Performing facility ZIP/postal code
Date test ordered
Date specimen collected
Ordering provider address
Ordering provider phone number
Whether this is the first test they’ve been administered
Employed in healthcare?
Symptomatic as defined by Centers for Disease Control and Prevention (CDC) or the applicable public health agency? If yes, then date of symptom onset?
Hospitalization status and history
Intensive care unit (ICU) status and history
Whether resident in a congregate care setting (including nursing homes, residential care for people with intellectual and developmental disabilities, psychiatric treatment facilities, group homes, board and care homes, homeless shelters, foster care, or other setting)
Pregnancy status
Certain Sensitive Personal Information
It may be necessary in some instances in order for a Customer Organization to provide its services to Test Subjects to collect certain sensitive personal information, which it will use and process through the ImageMover App or Services. Your Customer Organization will disclose the collection and use of this information to its Test Subjects in its privacy policy and in accordance with all other applicable law, and that sensitive personal information could include:
Race
Ethnicity
Your “personal information” or personally identifiable information (“PII”) is any information that relates to you and identifies or can be used to identify you and may include personal health information within the meaning of applicable privacy laws.
We also process any information you choose to provide to us or our Customer Organizations.
Information Collected Automatically
Certain information on our Service is collected automatically by means of various software tools. We have a legitimate interest in using such information to assist in systems administration, information security and abuse prevention, to track user trends, and to analyze the effectiveness of our Service.
(a) Log Files.
Log files refers to the information that is automatically sent by your web browser or device (or otherwise automatically collected) each time you view or interact with our online Service. The information inside the log files may include IP addresses, type of browser, internet service provider, date/time stamp, referring/exit pages, clicked pages and any other information your browser may send to us.
(b) Device and Online Usage.
We may collect information about your computer, browser, mobile or other device that you use to access our Service. We may use cookies, pixels, log files and other techniques to collect such information, including IP address, device identifiers and other unique identifiers, browser type, browser language, operating system name and version, device name and model, version, referring and exit pages, dates and times of Service access, links clicked, features uses, crash reports and session identification information.
(c) Cookies.
We use cookies to make interactions with our Service easy and meaningful. When you visit our Service, our servers may send a cookie to your computer. We may use cookies that are session-based or persistent. Session cookies exist only during one session. They disappear from your computer when you close your browser software or turn off your computer. Persistent cookies remain on your computer after you close your browser or turn off your computer. We use cookies that enable you to navigate our Service and use its features, such as accessing secure areas of our Service. Because required cookies are essential to operate our Service, there is no option to opt out of these cookies. We use cookies to provide features and services such as:
Remembering your preferences and allowing you to enter your information less frequently;
Measuring the effectiveness of our Apps, services, content, and advertising;
Providing other services and features that are only available through the use of cookies;
The Options/Settings section of most internet browsers will tell you how to manage cookies and other technologies that may be transferred to your device, including how to disable such technologies. You can disable our cookies or all cookies through your browser settings, but please note that disabling cookies may impact some of our Service features and prevent the Service from operating properly.
(d) Web Beacons and Similar Tracking Technologies.
When you use our Services, we may collect your IP address for certain purposes such as, for example, to monitor the regions from which you navigate our Services. We may also use web beacons alone or in conjunction with cookies to compile information about your usage of our Services and interaction with emails from us. Web beacons are clear electronic images that can recognize certain types of information on your computer, such as cookies, when you viewed a particular site tied to the web beacon. We may use web beacons to operate and improve our Services.
(e) Analytics Services.
We may use certain third party analytics services to improve the functionality, features, or delivery of our Service. We may also use these analytics services to record mouse clicks, mouse movements, scrolling activity, as well as any text that you type into our Service. For example, we use Google Analytics on our Service to track user trends and usage. For more information on Google Analytics’ processing of your information as it relates to our Service, please see http://www.google.com/policies/privacy/partners/. By using a browser plugin provided by Google, you can opt out of Google Analytics.
Aggregated or Deidentified Information
Aggregated or de-identified information is not considered personal information or PII and does not identify a user personally. Any aggregated or de-identified Information within our control will not be used by us, either alone or with other information, to identify a specific individual to whom the information belongs. We may collect, share, or use this aggregated or de-identified information within our discretion and with our affiliates, agents, business partners, and/or other third parties for any purposes not prohibited by law.
How We Use Your Information
If you submit or we collect or process information through our Service, then such information may be used to:
Provide you the requested service or process your request;
Communicate with you about our Services;
Provide, analyze, administer, improve, and personalize the Service;
Provide you with any information or updates relating to the Service;
Protect our rights or our property and to ensure the technical functionality and security of the Service;
Comply with applicable law (including health laws), assist law enforcement, and to respond to regulatory or other legal inquiries; and
For any other purpose to which you consent or you direct us, or as provided for in this Privacy Policy.
How We Share or Disclose Your Information
We do not sell, lease, or rent your PII collected from our Service to third parties. We share or disclose your information as stated in this Privacy Policy or with your consent or at your direction.
(a) Customer Organizations.
We transfer and share information collected from you with the Customer Organizations on whose behalf we collect that information and in accordance with our contractual agreements with them.
Additionally, we may transfer or share information collected from you with third parties as instructed by the Customer Organization on whose behalf we collected or received that information and in accordance with our contractual agreements with them. These transfers may include, but are not limited to, providing information, including PII, relating to you to federal and state authorities in accordance with applicable law.
(b) Our Third Party Service Providers.
We transfer information to our third party service providers to perform tasks on our behalf and to assist us in providing our Service. For example, we may share your information with service providers who assist us in performing core functions (such as hosting, data storage, and security) related to our operation of the Services. In the performance of our Service, we may share information from or about you with these third parties so that we can deliver the highest quality user experience.
(c) In the Event of Merger, Sale, or Change of Control.
We may transfer or assign information to a third party entity that acquires or is merged with us as part of the evaluation of an entry into such transactions, or in the course of a merger, acquisition, sale, or other change of control (such as the result of a bankruptcy proceeding).
(d) Other Disclosures.
We may disclose information about you if we have a good faith belief that disclosure of such information is helpful or reasonably necessary to: (i) comply with any applicable law, regulation, legal process or governmental request; (ii) enforce our agreements, including investigations of potential violations thereof; (iii) detect, prevent, or otherwise address fraud or security issues; or (iv) protect against harm to the rights, property or safety of ImageMover, our users, or the public.
ACCESSING AND UPDATING YOUR PERSONAL INFORMATION
You can access and update most of your information by contacting the Customer Organization on whose behalf we process your information. To access or update personal information you have provided directly to us, you may contact us as set out below under the “Contact Us” heading. Your right to access personal information may be limited by applicable privacy laws. We may request that you provide certain personal information in order to verify your identity. If we have collected your personal information with your consent as described in this Privacy Policy, you can withdraw your consent at any time. Withdrawing your consent will not affect the lawfulness of any use or disclosure of such information made prior to your withdrawal. It may, however, restrict our ability to provide you with all or a portion of our Services.
Retention
We reserve the right to retain any information as long as it is needed to: (i) fulfill the purposes for which we collected the information, and (ii) comply with applicable law. When your personal information is no longer required, we will make all reasonable efforts to ensure all electronic and hard copies of such information are securely destroyed or de-identified.
Data Security
We take the protection of your information seriously and take reasonable and appropriate physical, administrative, and technical measures to protect the information collected through our App. While we implement commercially reasonable security measures to protect your privacy, please keep in mind that the Internet is not a 100% secure medium for communication, and we cannot guarantee that the information collected about you will always remain private when using our App and/or Services. As a result, while we strive to protect your personal information, we cannot guarantee the security of any information you transmit to us, and you do so at your own risk.
PERSONAL INFORMATION OF MINORS
The App and our Services are intended for and directed to individuals who are the age of majority or older in their jurisdiction of residence. We do not knowingly collect personal information of minors. However, if a minor (as defined by applicable law) provides us with his/her personal information without parental or legal guardian consent, we encourage the parent or legal guardian to contact us to have this information removed from our records.
Do Not Track Signals
We do not currently respond or take any action with respect to web browser "do not track" signals or other mechanisms that provide consumers the ability to exercise choice regarding the collection of information about an individual consumer's online activities over time and across third-party websites or online services. Other parties may collect PII about a consumer’s online activities over time and across different web sites when a consumer uses our App or Service.
LINKS TO OTHER SITES
Our App may include links to other third party apps and websites as a convenience to you. If you click on one of those links, you will be taken to apps or websites we do not control, and this Privacy Policy does not apply to those third party apps or websites. The inclusion of any link does not imply our endorsement of any other apps, website(s), or its product(s) and/or service(s). ImageMover is not responsible for the privacy practices or content of any other app or website.
Changes to this Privacy Policy
We reserve the right to amend the Privacy Policy at any time, for any reason, without notice to you, other than the posting of the amended Privacy Policy on our App or Service. We will provide you notice of material changes by indicating that the Privacy Policy has been updated will indicate the date we made the update above. Your continued use of any of the Services after the changes have been made will constitute your acceptance of the changes. Please therefore make sure you read any such notice carefully. If you do not wish to continue using the Services under the new version of the policy, please cease using the Services.
Contact Us
Any comments, concerns, or questions regarding our Privacy Policy may be addressed to our Regulatory and Compliance Officer at regulatory@imagemovermd.com. Please note that email communications may not be secure. Accordingly, you should not include personal or other sensitive information in your email correspondence.
ADDENDUM FOR CANADIAN USERS
In providing our Services, ImageMover may be a service provider to Customer Organizations who may be health information custodians (“HICs”) and ImageMover may act as an information manager (“IM”) or as a health information network provider (“HINP”) with respect to personal health information, pursuant to applicable provincial and territorial laws and regulations enacted thereunder, which may include, without limitation, the Personal Health Information Protection Act 2004 (Ontario), the Personal Health Information Privacy and Access Act (New Brunswick), and the Personal Health Information Act (Newfoundland and Labrador).
As IM is an individual or organization that, on behalf of an HIC, processes, stores, retrieves, archives, or disposes of personal health information, de-identifies or otherwise transforms personal health information, or provides information management or information technology services.
An HINP is a person who provides services to two or more HICs, where the services are provided primarily to HICs to enable the HICs to use electronic means to disclose personal health information to one another.
Where we process your personal information, including your personal health information, on behalf of a Customer Organization in providing our Services, the applicable Customer Organization is responsible for providing you with notice of those processing activities and, where required by applicable law, obtaining your consent to our processing of your personal information, including your personal health information, in connection with our performance of the Services for that Customer Organization.
Your personal information, including your personal health information, may be processed and stored outside of the province/territory in which you reside and/or outside of Canada, including, without limitation in the United States of America. Under the laws of these other jurisdictions, in certain circumstances foreign courts, law enforcement agencies or regulatory agencies may be entitled to access your personal information without notice to you.
We also may disclose or transfer your personal information, including your personal health information, to our third party service providers for processing in connection with the provision of our Services or as otherwise described in this Privacy Policy.