Smirta Innovations Inc is concerned about privacy issues and wants you to be familiar with how we collect, use and disclose information. This Privacy Policy describes our practices in connection with information that we collect through software applications (including mobile applications) and websites (including the website currently located at https://www.smirta.com that we operate and that contain or link to this Privacy Policy (such applications and websites, the "Applications"). By downloading, accessing or using the Applications, or providing information to us in connection with the Applications, you agree to the terms and conditions of this Privacy Policy.
This Privacy Policy does not address, and we are not responsible for, the privacy, information or other practices of any third party, including, without limitation, any healthcare providers, any health benefits insurer, any accountable care organization, or plan (an "Insurer"), and, if applicable, Apple, Inc. Please note that the Applications may include the ability to access and submit certain information directly to third-party services such as an Insurer; if you use such functionality, such third-party services' collection, use and disclosure of such directly accessed or submitted information will be subject to such services' applicable privacy policies, and not to this Privacy Policy.
We may change this Privacy Policy at any time. Any changes to this Privacy Policy will become effective when we make the revised Privacy Policy available through the Applications. Your use of the Applications or the submission of any information in connection with the Applications following such changes means that you accept the revised Privacy Policy.
JURISDICTIONAL ISSUES
The Applications are controlled by us from the United States; accordingly, this Policy, and our collection, use and disclosure of your Personal Information, Protected Health Information and Additional Health Information, is governed by U.S. law, and not by the laws of any country, territory or jurisdiction other than the United States. We do not represent or warrant that the Applications, or any functionality or feature thereof, are appropriate or available for use in any particular jurisdiction. Those who choose to access or use the Applications do so on their own initiative and at their own risk, and are responsible for complying with all local laws, rules and regulations. By using the Applications and submitting any Personal Information, Protected Health Information or Additional Health Information, users from outside the United States acknowledge that the Applications are subject to U.S. law and consent to the transfer of Personal Information, Protected Health Information and Additional Health Information to the United States, which may provide a different level of data security than in their country of residence, and waive any claims that may arise under their own national laws.
PERSONAL INFORMATION
Personal Information We May Collect
"Personal Information" is information that identifies you as an individual. We and our service providers may collect Personal Information from you, such as:
• Name
• Postal address (including billing and shipping addresses)
• Telephone number
• E-mail address
Protected Health Information, Additional Health Information and Other Information, as defined below, may be collected in connection with the Applications in addition to Personal Information. The collection, use and disclosure of such information are addressed separately below, under the headings "HEALTH INFORMATION" and "OTHER INFORMATION".
How We May Use Personal Information
We and our third-party service providers may use Personal Information:
• To respond to your inquiries and fulfill your requests, such as to send newsletters to you.
• To send to you administrative information, including information regarding the Applications and changes to our terms, conditions and policies.
• To schedule and provide services related to the scheduling of your appointments, for example, to send to you appointment reminders; communicate with you and your healthcare providers regarding your appointments and related services provided by your healthcare provider; and provide you with related customer service.
• To send to you marketing communications that we believe may be of interest to you.
• To allow you to send messages to a friend through the Applications (please note that, by using such functionality, you are agreeing that you have the right to provide to us your friend's name and e-mail address for such purpose);
• To personalize your experience on the Applications by presenting products and offers tailored to you.
For our business purposes, such as quality assessment, data analysis, audits, developing new products, enhancing the Applications, improving our services, identifying usage trends, developing tools which help you assess the performance, competence and qualifications of healthcare professionals and conducting training programs for such professionals, and determining the effectiveness of our promotional campaigns.
As we believe to be necessary or appropriate: (a) under applicable law, including laws outside your country of residence; (b) to comply with legal process; (c) to respond to requests from public or government authorities, including public or government authorities outside your country of residence; (d) to enforce our terms and conditions; (e) to protect our operations or those of any of our affiliates; (f) to protect our rights, privacy, safety or property, or that of our affiliates, you or others; (g) at our discretion under emergency circumstances, to notify emergency services or your family members, personal representative or other individuals involved in your care of your location and condition; or (h) to allow us to pursue available remedies or limit the damages that we may sustain.
How Personal Information May Be Disclosed
Your Personal Information may be disclosed:
• To our third-party service providers that provide services such as hosting of the Applications, data analysis, IT services and infrastructure, customer service, e-mail delivery, auditing and other similar services. Please note that we may use cloud service providers (such as Amazon Web Services LLC) in connection with the hosting of the Applications and the storage of Personal Information, and these service providers inform us that they apply security measures they consider adequate for the protection of information within their system.
• To healthcare professionals, to schedule and fulfill appointments and provide healthcare services.
• To an Insurer, to support such Insurer's use of the Applications in connection with its products, services and coverage, if your customer relationship with such Insurer has been authenticated.
• To our affiliates, for the purposes described for Personal Information in this Privacy Policy, including marketing purposes.
• To third parties, to permit them to send marketing communications to you.
• To identify you to anyone to whom you send messages through the Applications.
• By you, on message boards, forums (including review forums), chat, profile pages and blogs and other pages and services to which you are able to post information and materials. Please note that any information and materials that you post or disclose through these services will become public information, and may be available to other users of the Applications and to the general public.We urge you to be very careful when deciding to disclose your Personal Information, or any other information, on the Applications.
• To a third party in the event of any reorganization, merger, sale, joint venture, assignment, transfer or other disposition of all or any portion of our business, assets or stock (including in connection with any bankruptcy or similar proceeding).
• As we believe to be necessary or appropriate: (a) under applicable law, including laws outside your country of residence; (b) to comply with legal process; (c) to respond to requests from public or government authorities, including public or government authorities outside your country of residence; (d) to enforce our terms and conditions; (e) to protect our operations or those of any of our affiliates; (f) to protect our rights, privacy, safety or property, or that of our affiliates, you or others; (g) at our discretion under emergency circumstances, to notify emergency services or your family members, personal representative or other individuals involved in your care of your location and condition; or (h) to allow us to pursue available remedies or limit the damages that we may sustain.
If we combine any Personal Information with any information such that the combined information meets the definition of Protected Health Information or Additional Health Information, as set forth below, then the combined information will be treated by us as Protected Health Information or Additional Health Information, as applicable, as long as it is so combined.
HEALTH INFORMATION
There are two categories of Health Information that we and our service providers may collect through the Applications: Protected Health Information and Additional Health Information.
"Protected Health Information" is individually identifiable health information which is created or received by a covered entity (for example, a health care provider or health plan) and which relates to the past, present or future physical or mental health or condition of an individual, the provision of health care to an individual, or the past, present or future payment for the provision of health care to an individual. Protected Health Information is further defined by the federal Health Insurance Portability and Accountability Act of 1996 (HIPAA) and is subject to the protections of HIPAA. We and our service providers may collect Protected Health Information in connection with the Applications.
"Additional Health Information" is information which does not fall within the category of Protected Health Information above (typically because it was not created or received by a provider or health plan), but which is the combination of Personal Information with information related to past, present or future physical or mental health or conditions, the provision of health care to an individual, or the past, present or future payment for the provision of health care to an individual. We and our service providers may collect Additional Health Information in connection with the Applications.
How We May Use Protected Health Information and Additional Health Information
We and our third-party service providers may use Protected Health Information and Additional Health Information:
• To respond to your inquiries and fulfill your requests, such as to send newsletters to you.
• To send to you administrative information, including information regarding the Applications and changes to our terms, conditions and policies.
• To schedule and provide related services regarding your appointments, for example, to send to you appointment reminders, communicate with you and your healthcare providers regarding your appointments and healthcare services, and provide you with related customer service.
• To provide you with health plan network information and access to other health plan information and tools as may be selected and offered by your authenticated Insurer.
• To send to you marketing-related communications that we believe may be of interest to you (a) on the basis of Protected Health Information, if you opt-in to receiving such communications, and (b) on the basis of Additional Health Information, unless you opt-out of receiving such communications.
• To personalize your experience on the Applications by presenting products and offers tailored to you, (a) on the basis of Protected Health Information, if you opt-in to learning about such products and offers, and (b) on the basis of Additional Health Information, unless you opt-out of learning about such products and offers.
• For our business purposes, such as quality assessment, data analysis, audits, developing new products, enhancing our Applications, improving our services, identifying usage trends, providing feedback to healthcare professionals and Insurers, developing tools which help you assess the performance, competence and qualifications of healthcare professionals, and determining the effectiveness of our promotional campaigns.
• As we believe to be necessary or appropriate: (a) under applicable law, including laws outside your country of residence; (b) to comply with legal process; (c) to respond to requests from public or government authorities, including public or government authorities outside your country of residence; (d) to enforce our terms and conditions; (e) to protect our operations or those of any of our affiliates; (f) to protect our rights, privacy, safety or property, or that of our affiliates, you or others; (g) at our discretion under emergency circumstances, to notify emergency services or your family members, personal representative or other individuals involved in your care of your location and condition; or (h) to allow us to pursue available remedies or limit the damages that we may sustain.
How Protected Health Information and Additional Health Information May Be Disclosed
Your Protected Health Information and your Additional Health Information may be disclosed:
• To our third-party service providers that provide services such as hosting of the Applications, data analysis, IT services and infrastructure, customer service, e-mail delivery, auditing and other similar services. Please note that we may use cloud service providers (such as Amazon Web Services LLC) in connection with the hosting of the Applications and the storage of Protected Health Information and Additional Health Information, and these service providers inform us that they apply security measures they consider adequate for the protection of information within their system.
• To healthcare professionals, to schedule and fulfill appointments and provide healthcare services.
• In the case of Additional Health Information, to an Insurer with such Insurer has been authenticated; or in the case of Protected Health Information, after you have provided express authorization.
• To our affiliates, for the purposes described for Protected Health Information and Additional Health Information in this Privacy Policy, including for marketing purposes in accordance with the choices provided by us to you hereunder.
• To third parties, to permit them to send marketing-related communications to you (a) with respect to Protected Health Information, if you have opted-in to such sharing, and (b) with respect to Additional Health Information, unless you have opted-out of such sharing.
• To third parties, to the extent that you authorize us to do so.
• By you, on message boards, forums (including review forums) chat, profile pages and blogs and other services to which you are able to post information and materials. Please note that any information and materials that you post or disclose through these services will become public information, and may be available to other users of the Applications and to the general public. We urge you to be very careful when deciding to disclose your Protected Health Information, or any other information, on the Applications.
• To a third party in the event of any reorganization, merger, sale, joint venture, assignment, transfer or other disposition of all or any portion of our business, assets or stock (including in connection with any bankruptcy or similar proceeding).
As we believe to be necessary or appropriate: (a) under applicable law, including laws outside your country of residence; (b) to comply with legal process; (c) to respond to requests from public or government authorities, including public or government authorities outside your country of residence; (d) to enforce our terms and conditions; (e) to protect our operations or those of any of our affiliates; (f) to protect our rights, privacy, safety or property, or that of our affiliates, you or others; (g) at our discretion under emergency circumstances, to notify emergency services or your family members, personal representative or other individuals involved in your care of your location and condition; or (h) to allow us to pursue available remedies or limit the damages that we may sustain.
OTHER INFORMATION
Other Information We May Collect
"Other Information" is any information that does not reveal your specific identity, such as:
• Browser information
• Server log files
• Information collected through cookies, pixel tags and other similar technologies
• Demographic information and other non-personally identifiable information provided by you
• Aggregated information
How We Collect Other Information
We and our third-party service providers may collect Other Information in a variety of ways, including:
• Through your device: Certain information is collected automatically through your device, such as your operating system name and version, device manufacturer and model, device identifier, language, the name and version of the software application you are using. We use this information for purposes such as ensuring that the Applications function properly and to understand usage of the Applications.
• Through server log files: Your "IP Address" is a number that is automatically assigned to the device that you are using by your Internet Service Provider (ISP). An IP Address is identified and logged automatically in our server log files whenever a user uses the Applications, along with the time of the use and the pages visited within the Applications. Collecting IP Addresses is standard practice on the Internet and is done automatically by many websites. We use IP Addresses for purposes such as helping to calculate Applications usage levels, diagnose server problems and administer the Applications.
• Using cookies: Cookies allow a server to transfer data to a device for record keeping and other purposes. We and our service providers use cookies and other technologies to, among other things, better serve you with more tailored information and facilitate your ongoing access to and use of the Applications, as well as for online tracking purposes. If you do not want information collected through the use of cookies, there is a simple procedure in most devices that allows you to decline the use of cookies. To learn more about cookies, please visit http://www.allaboutcookies.org/. If you choose to decline cookies, some or all of the features, functionality and promotions available through the Applications may not be available to you.
• Using pixel tags and other similar technologies: Pixel tags (also known as web beacons and clear GIFs) and other similar technologies may be used in connection with some Applications pages and HTML-formatted e-mail messages to, among other things, track the actions of Applications users and e-mail recipients, measure the success of our marketing campaigns and compile statistics about Applications usage and response rates.
• Physical Location: We may collect the physical location of your device, for example, using satellite, cell phone tower or WiFi signals. We may use your device's physical location to, among other things, provide you with personalized location-based services and content (for example, information regarding local healthcare providers). We may also aggregate this information to display usage trends. For example, we may aggregate search results and trends for particular conditions in a particular geographic area and display those aggregate results. We may also share your device's physical location, combined with information about what advertisements you viewed and other information we collect, with our marketing partners to enable them to provide you with more personalized content and to study the effectiveness of advertising campaigns. We may also share de-identified information about your device's physical location for any purpose not prohibited by applicable law. In some instances, you may be permitted to allow or deny such uses and/or sharing of your device's location, but if you choose to deny such uses and/or sharing, we and/or our marketing partners may not be able to provide you with the applicable personalized services and content.
• From you: We may collect demographic information such as your location, as well as other information, such as your preferred means of communication, when you voluntarily provide such information to us. Unless combined with Personal Information, this information does not personally identify you or any other user of the Applications.
• By aggregating information: Aggregated Personal Information, aggregated Protected Health Information and/or aggregated Additional Health Information does not personally identify you or any other user of the Applications. For example, we may aggregate Personal Information to calculate the percentage of our users who have a particular telephone area code, and we may aggregate Protected Health Information and/or Additional Health Information to calculate the percentage of our users with particular medical conditions.
How We Use and Disclose Other Information
Please note that we may use and disclose Other Information for any purpose, except to the extent we determine that we are required to do otherwise under applicable law. If we so determine that we are required to treat any Other Information as Personal Information under applicable law, then, in addition to the uses listed in the "How We Collect Other Information" section above, we may use and disclose such Other Information for all the purposes for which we may use and disclose Personal Information.
In some instances, we may combine Other Information with Personal Information, Protected Health Information and/or Additional Health Information (such as combining your zip code with your name, or with your name together with a medical condition). If we combine any Other Information with Personal Information, Protected Health Information or Additional Health Information, then the combined information will be treated by us as Personal Information, Protected Health Information or Additional Health Information, as applicable, as long as it is so combined.
THIRD PARTIES
This Privacy Policy does not address, and we are not responsible for, the privacy, information or other practices of any third parties, including our third-party service providers (including cloud service providers such as Amazon Web Services LLC), any healthcare providers, Insurers, employers, and, if applicable, Apple Inc., and any other third party operating any software application or website to which the Applications contain a link. The inclusion of a link on the Applications does not imply endorsement of the linked software application or website by us or by our affiliates.
INTEREST-BASED ADVERTISING
We allow third parties to serve advertisements on our behalf across the Internet and to provide analytics services. These third parties may use cookies, web beacons, and other technologies to collect information about your use of the Applications and other websites and software applications, including your IP address, web browser, pages viewed, time spent on pages, functionality used, links clicked, location, and conversion information. This information may be used by Smirta and these third parties to analyze and track data, determine the popularity of certain content, deliver advertising and content targeted to your interests in our Applications and other websites and software applications, and better understand your online activity. This Ad Policy does not apply to, and we are not responsible for, third party cookies, web beacons, or other tracking technologies and we encourage you to check the privacy policies of these third parties to learn more about their privacy practices.
Through the Digital Advertising Alliance ("DAA"), the leading media and marketing associations have developed an industry self-regulatory program (the "Program") to give consumers a better understanding of and greater control over ads that are customized based on their online behavior across different Web Sites. Smirta adheres to the Digital Advertising Alliance's Self-Regulatory Principles for Online Behavioral Advertising (www.AboutAds.info).
The Digital Advertising Alliance maintains a web site where consumers can opt out from receiving interest-based advertising from some or all of the network advertising companies participating in the program (www.AboutAds.info/choices).
SECURITY
We seek to use within Smirta Innovations Inc reasonable physical, technical and administrative measures to protect Personal Information, Protected Health Information and Additional Health Information under our control. Unfortunately, no data transmission over the Internet or data storage system is guaranteed to be 100% secure. Please also be aware that we may use third-party cloud service providers (such as Amazon Web Services LLC) that provide hosting, data storage and other services pursuant to standard terms and conditions that are generally non-negotiable; these service providers inform us that they apply security measures they consider adequate for the protection of information within their system.
If you have reason to believe that your interaction with us is no longer secure (for example, if you feel that the security of any account you might have with us has been compromised), please immediately notify us of the problem by contacting us in accordance with the "Contacting Us" section below.
CHOICES AND ACCESS
Your choices regarding our use and disclosure of your Personal Information, Protected Health Information and Additional Health Information
We give you choices regarding our use and disclosure of your Personal Information, Protected Health Information and Additional Health Information for marketing purposes. We will use and share your Personal Information, Protected Health Information and Additional Health Information for marketing purposes only in accordance with such choices. For example, we will not use or share your Protected Health Information for marketing purposes unless you opt-in. In addition, you may opt-out from certain uses and disclosures of Personal Information and Additional Health Information as set forth below. Further, if you have previously opted-in to the use and sharing of Protected Health Information for marketing purposes and wish to change such preferences, you may do so by following the opt-out instructions set forth below.
• Receiving marketing-related e-mails from us based upon your Personal Information, Protected Health Information or Additional Health Information: If you would prefer that we do not send to you, on a going-forward basis, marketing-related e-mails based on your Personal Information, Protected Health Information or Additional Health Information, you may opt-out of receiving such marketing-related e-mails by sending an e-mail to info@smirta.com. Please specify whether you are opting-out of receiving marketing-related e-mails based upon your Personal Information, your Protected Health Information, your Additional Health Information or all three.
• Our sharing of your Personal Information, Protected Health Information or Additional Health Information with affiliates for their marketing purposes: If you would prefer that we do not share your Personal Information, Protected Health Information or Additional Health Information on a going-forward basis with our affiliates for their marketing purposes, you may opt-out of such sharing by sending an e-mail to info@smirta.com. Please specify whether you are opting-out of such sharing of your Personal Information, your Protected Health Information, your Additional Health Information or all three.
• Our sharing of your Personal Information, Protected Health Information or Additional Health Information with unaffiliated third parties for their marketing purposes: If you would prefer that we do not share your Personal Information, Protected Health Information or Additional Health Information on a going-forward basis with unaffiliated third parties for their marketing purposes, you may opt-out of such sharing by sending an e-mail to info@smirta.com. Please specify whether you are opting-out of such sharing of your Personal Information, your Protected Health Information, your Additional Health Information or all three.
We will try to comply with your request(s) as soon as reasonably practicable. Please note that if you opt-out as described above, we will not be able to remove your Personal Information, Protected Health Information or Additional Health Information from the databases of our affiliates or unaffiliated third parties with which we have already shared such information (i.e., to which we have already provided such information as of the date that we implement your opt-out request). Please also note that if you do opt-out of receiving marketing-related messages from us, we may still send administrative messages to you; you cannot opt-out from receiving administrative messages.
USE OF APPLICATIONS BY MINORS
The Applications are not directed to individuals under the age of thirteen (13), and we request that such individuals do not provide Personal Information through the Applications.
YOUR CALIFORNIA PRIVACY RIGHTS
California Civil Code Section 1798.83 permits customers of Smirta Innovations Inc who are California residents to request certain information regarding its disclosure of personally identifiable information to third parties for their direct marketing purposes. To make such a request, please write to us at: info@smirta.com
Smirta does not serve advertising on Smirta.com. However, we do engage online advertising service providers to serve ads on other sites, based on web pages you may have visited or your search engine activity. Currently, Smirta does not respond to "Do Not Track" signals from browsers.