Privacy Policy and Terms of Use

 

Privacy Policy – Last revision: June 16, 2019:

  1. Notice of Health Information Privacy Practices

How is patient privacy protected?

At KinCare (the “KinCare“, “us“, “we“, “our“), we understand that information about you and your health is personal. Because of this, we strive to maintain the confidentiality of your health information. We continuously seek to safeguard that information through administrative, physical and technical means, and otherwise abide by applicable federal and state guidelines.

How do we use and disclose health information?

We use and disclose your health information for the normal business activities that the law sees as falling in the categories of treatment, payment and healthcare operations. Below we provide examples of those activities, although not every use or disclosure falling within each category is listed:

  • Treatment– We keep a record of the health information you provide us. This record may include your test results, diagnoses, medications, your response to medications or other therapies, and information we learn about your medical condition through the online Services.
  • Health care Operations– Health information is used to improve the services we provide, to train staff, for business management, quality assessment and improvement, and for customer service.

 

We may also use your health information to:

  • Comply with federal, state or local laws that require disclosure.
  • Assist in public health activities such as tracking diseases or medical devices.
  • Inform authorities to protect victims of abuse or neglect.
  • Comply with federal and state health oversight activities such as fraud investigations.
  • Respond to law enforcement officials or to judicial orders, subpoenas or other process.
  • Conduct research following internal review protocols to ensure the balancing of privacy and research needs.
  • Avert a serious threat to health or safety.
  • Assist in specialized government functions such as national security, intelligence and protective services.
  • Inform military and veteran authorities if you are an armed forces member (active or reserve).
  • Inform a correctional institution if you are an inmate.
  • Tell you about health-related products and services.
  • Communicate within our organization for payment or healthcare operations.
  • Provide information to other third parties with whom we do business, such as a record storage provider. However, you should know that in these situations, we require third parties to provide us with assurances that they will safeguard your information.
  • We may also use or disclose your personal or health information for operational purposes. For example, we may communicate with individuals involved in your care or payment for that care, such as friends and family and send appointment reminders.

 

We will obtain your authorization before we use or disclose your health information for marketing purposes or before we would sell your information. You may revoke your authorization at any time; however, this will not affect prior uses and disclosures. In some cases state law may require that we apply extra protections to some of your health information.

We reserve the right to change our privacy practices, and make the new practices effective for all the information we maintain. Revised notices will be posted on the KinCare website and mobile application.

Do you have any Federal Rights?

The law entitles you to:

  • Inspect and copy certain portions of your health information. We may deny your request under limited circumstances. You may request that we provide your health records to you in an electronic format.
  • Request amendment of your health information if you feel the health information is incorrect or incomplete. However, under certain circumstances we may deny your request.
  • Receive an accounting of certain disclosures of your health information made for the prior six (6) years, although this excludes certain disclosures. (Fees may apply to this request).
  • Request that we restrict how we use or disclose your health information. However, we are not required to agree with your requests except as required by law.
  • Request that we communicate with you at a specific telephone number or address.
  • Obtain a paper copy of this notice even if you receive it electronically.

We may ask that you make some of these requests in writing.

What if I have a Complaint?

If you believe that your privacy has been violated, you may file a complaint with us or with the Secretary of Health and Human Services in Washington, D.C. We will not retaliate or penalize you for filing a complaint with the facility or the Secretary. To file a complaint with us or receive more information contact:

Phone: 301-768-8454

Email: [email protected] .

Address: 26501 Ridge Rd. Damascus, MD 20872

To file a complaint with the Secretary of Health and Human Services write to 200 Independence Ave., S.E., Washington, D.C. 20201, call 1-800-537-7697, or file an online complaint at https://ocrportal.hhs.gov/ocr/smartscreen/main.jsf.

Who Will Follow This Notice?

This Notice describes the health care practices of all departments and units of KinCare through which online services are provided and all KinCare employees.

 

  1. KinCare Site Privacy Policy

Introduction.

This Section of our Privacy Policy (Section II, “Site Privacy Policy“) explains how we collect, use, and disclose information from and/or about you when you use the Site or the Services.

THE SITE WILL BE COLLECTING AND TRANSMITTING PERSONAL, MEDICAL AND HEALTH-RELATED INFORMATION ABOUT YOU. BY USING THE SITE, YOU AGREE THAT WE CAN COLLECT AND USE YOUR PERSONAL AND OTHER INFORMATION AS DESCRIBED IN THIS SITE PRIVACY POLICY. IF YOU DO NOT AGREE, PLEASE DO NOT USE THE SITE.

Important Definitions.

When we use the term “Personal Information” in this Privacy Policy, we mean information about you that is personally identifiable to you, such as your contact information (e.g., name, address, email address, or telephone number), personally identifiable health or medical information (“Health Information“), and any other non-public information that is associated with such information. When we use the term “De-Identified Information“, we mean information that is neither used nor intended to be used to personally identify an individual. Lastly, when we use the term “Cookies“, we mean the small pieces of information that a Site sends to your browser while you are viewing a website.

Children under age 18.

We do not knowingly allow individuals under the age 18 to create Accounts that allow access to our Site.

The Personal information we collect or maintain may include:

  • Your name, age, email address, username, password, and other registration information.
  • Health Information that you or any Member may provide us, which may include information or records relating to your medical or health history, health status and laboratory testing results, diagnostic images, and other health related information.
  • Health information about you prepared or obtained by the healthcare professionals(s) who provide clinical services through the Site such as medical and therapy records, treatment and examination notes, and other health related information.
  • Billing information that you provide us, such as credit card information, or that we receive from a health plan, employer or other provider of healthcare benefits on your behalf.
  • Information about the computer or mobile device you are using, such as what Internet browser you use, the kind of computer or mobile device you use, and other information about how you use the Site.
  • Other information you input into the Site or related services.

We may use your Personal Information for various purposes including but not limited to the following (subject to the restrictions relating to the use of Health Information described in Section I):

  • To provide you with the Services.
  • To create De-identified Information such as aggregate statistics relating to the use of the Services.
  • To notify you when Site updates are available.
  • To market and promote the Site and the Services to you.
  • To fulfill any other purpose for which you provide us Personal Information.
  • For the purposes described in Section I relating to the use of Health Information.
  • For any other purpose for which you give us authorization.

We may also disclose Personal Information that we collect or you provide (subject to the restrictions relating to the use of Health Information described in Section I):

  • To our subsidiaries and affiliates.
  • To contractors, service providers and other third parties we use to support our business and who are bound by contractual obligations to keep personal information confidential.
  • As required by law, which can include providing information as required by a court order.
  • When we believe in good faith that disclosure is necessary to protect your safety or the safety of others, to protect our rights, to investigate fraud, or to respond to a government request.
  • 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 KinCare’s assets, whether as a going concern or as part of bankruptcy, liquidation or similar proceeding, in which Personal Information maintained by the Site is among the assets transferred.
  • For any other purpose disclosed by us when you provide the information.

Information We Collect via Technology.

As you use the Site or the Services, certain information may be passively collected by Cookies, navigational data like Uniform Resource Locators (URLs) and third party tracking services, including:

  • Site Activity Information. We may keep track of some of the actions you take on the Site, such as the content of searches you perform on the Site.
  • Access Device and Browser Information. When you access the Site from a computer or other device, we may collect anonymous information from that device, such as your Internet protocol address, browser type, connection speed and access times (collectively, “Anonymous Information”).
  • Cookies. We may use both session Cookies (which expire once you close your web browser) and persistent Cookies to make the Site and Services easier to use, to make our advertising better, and to protect both you and KinCare. You can instruct your browser, by changing its options, to stop accepting Cookies or to prompt you before accepting a Cookie from the websites you visit. If you do not accept Cookies, however, you will not be able to stay logged in to the Site. We presently do not honor “Do Not Track” requests across all parts of our Site.
  • Real-Time Location. Certain features of the Site use GPS technology to collect real-time information about the location of your device so that the Site can connect you to a Healthcare Professional who is licensed or authorized to provide Services in the state where you are located. When accessing Google Maps services on our Site, you are agreeing to Google’s Terms of Serviceand Privacy Policy
  • Mobile Services. We may collect non-personal information from your mobile device or computer. This information is generally used to help us deliver the most relevant information to you. Examples of information that may be collected and used include how you use the application(s) and information about the type of device or computer you use. In addition, in the event our application(s) crashes on your mobile device we will receive information about your mobile device model software version and device carrier, which allows us to identify and fix bugs and otherwise improve the performance of our application(s).
  • Analytics Tools. We use tools such as Google Analytics, AppsFlyer and Mixpanel to help analyze how users use the Site. Such third parties may use cookies, APIs, and SDKs in our services to enable them to collect and analyze user and device related data and information on our behalf. Google Analytics, AppsFlyer, and Mixpanel use Cookies to collect information such as how often users visit the Site, what pages they visit, and what other sites they used prior to coming to the Site. We use the information we get to improve our Site and sServices. Although Google Analytics plants a persistent Cookie on your web browser to identify you as a unique user the next time you visit the Site, the Cookie cannot be used by anyone but Google. Google’s ability to use and share information collected by Google Analytics about your visits to the Site is restricted by the Google Analytics Terms of Use and the Google Privacy Policy. You may prevent your data from being used by Google Analytics by downloading and installing the Google Analytics Opt-out Browser Add-on, available at https://tools.google.com/dlpage/gaoptout/. Mixpanel’s ability to use and share information it collects about your visits to the Site is restricted by the Mixpanel Terms of Use located at https://mixpanel.com/terms/and the Mixpanel Privacy Policy located at https://mixpanel.com/privacy/. You can opt-out of Mixpanel’s automatic retention of data collected through your browsers while on our Site by clicking on this link https://mixpanel.com/optout/. To track opt-outs, Mixpanel uses a persistent opt-out cookie placed on your devices. You can find out the types of information AppsFlyer collects and how you can opt-out of AppsFlyer by visiting its website: http://www.appsflyer.com/opt-out or by emailing [email protected]

De-Identified Information.

We may use De-Identified Information created by us without restriction.

Information You Share With Third Parties.

This Site Privacy Policy applies only to information we collect through the Site and in email, text and other electronic communications set through or in connection with the Site. This Site Privacy Policy DOES NOT apply to information collected by any third party. When you click on links on the Site you may leave our Site. We are not responsible for the privacy practices of other sites, and we encourage you to read their privacy statements.

Modification of Information.

Members will be able to update some of their information through the Site. Requests to modify any information may also be submitted to [email protected]

Limitations on Deletion of Information.

You may request deletion of your Personal Information by us, however, we may be required (by law or otherwise) to keep this information and not delete it (or to keep this information for a certain time, in which case we will comply with your deletion request only after we have fulfilled such requirements). When we delete Personal Information, it will be deleted from the active database, but may remain in our archives and we may also retain Anonymous Information about your use of our services. Once we disclose some of your Personal Information to third parties, we may not be able to access that Personal Information any longer and cannot force the deletion or modification of any such information by the parties to whom we have made those disclosures. After we delete Personal Information, we may retain De-Identified Data and will continue to use De-Identified Data as permitted under this Site Privacy Policy.

Steps we take to keep your information secure.

We employ reasonable physical, electronic and managerial security methods to help protect against unauthorized access to Personal Information, such as encryption. But please be aware that no data transmission over the Internet or data storage facility can be guaranteed to be perfectly secure. As a result, while we try to protect your Personal Information, we cannot ensure or guarantee the security of any information you transmit to us.

Changes to the Site Privacy Policy.

We may change this the Site Privacy Policy from time to time in the future. We will post any revised version of the Site Privacy Policy on this page (kin-care.net). Continued use of our services following notice of such changes will indicate your acknowledgement of such changes and agreement to be bound by the terms and conditions of such changes. By using the Site, you are agreeing to our collection, use and disposal of Personal Information and other data as described in this Site Privacy Policy, both as it exists now and as it is changed from time to time.

All capitalized terms in the KinCare Privacy Policy (Sections I and II) not defined herein shall have the meaning set forth in the KinCare Terms of Use.

If you have questions or concerns about our Privacy Practices, or would like to report a violation, please contact us by sending an email to [email protected] .

 

Terms of Use

Last revision: June 16, 2019

Use of the Site.

KinCare (“KinCare”, “we”, “us”, or “our”) operates the website located at www.kin-care.net and other related websites and mobile applications with links to these Terms of Use (collectively, the “Site”). We offer online services (the “Services”) enabling our members (“Members”) to record health related information and share it with other Members and/or healthcare professionals. By accessing and using the Site, you agree to be bound by these Terms of Use and all other terms and policies that appear on the Site. If you do not wish to be bound by any of these Terms of Use, you may not use the Site or the Services.

Healthcare Services.

KinCare does not practice medicine or any other licensed profession, and does not interfere with the practice of medicine or any other licensed profession by healthcare professionals, each of whom is responsible for his or her services and compliance with the requirements applicable to his or her profession and license. Neither KinCare nor any third parties who promote the Services or provide you with a link to the Services shall be liable for any professional advice you obtain from a healthcare professional via the Services.

Site Content.

None of the Site content should be considered medical advice or an endorsement, representation or warranty that any particular medication or treatment is safe, appropriate, or effective for you.

Privacy.

KinCare is required to comply with federal healthcare privacy and security laws and maintain safeguards to protect the security of your health information. Additionally, the information you provide to a healthcare professional is legally confidential, except for certain legal exceptions as more fully described in our Privacy Policy. We devote considerable effort toward ensuring that your personal information is secure. Information regarding our use of health and other personal information is provided in our Privacy Policy. As part of providing you the Services, we may need to provide you with certain communications, such as service announcements and administrative messages. These communications are considered part of the Services and your Account. While secure electronic messaging is always preferred to insecure email, under certain circumstances, insecure email communication containing personal health information may take place between you and KinCare. KinCare cannot ensure the security or confidentiality of messages sent by email. Information relating to your care, including medical records, are stored on secure, encrypted servers maintained by Edge Hosting.

User Accounts.

When you register on the Site, you are required to create an account (“Account”) by entering your name, email address, password and certain other information collected by KinCare (collectively “Account Information”). To create an Account, you must be of legal age to form a binding contract. If you are not of legal age to form a binding contract, you may not register to use our Services. You agree that the Account Information that you provide to us at all times, including during registration and in any information you upload to the Site, will be true, accurate, current, and complete. You may not transfer or share your Account password with anyone, or create more than one Account (with the exception of subaccounts established for children of whom you are the parent or legal guardian). You are responsible for maintaining the confidentiality of your Account password and for all activities that occur under your Account. KinCare reserves the right to take any and all action, as it deems necessary or reasonable, regarding the security of the Site and your Account Information. In no event and under no circumstances shall KinCare be held liable to you for any liabilities or damages resulting from or arising out of your use of the Site, your use of the Account Information or your release of the Account Information to a third party. You may not use anyone else’s account at any time.

Use of the Services by Children.

The Services are available for use by children, but the Member for all patients under the age of 18 must be the patient’s parent or legal guardian. If you register as the parent or legal guardian on behalf of a minor, you will be fully responsible for complying with these Terms of Use.

Access Rights.

We hereby grant to you a limited, non-exclusive, nontransferable right to access the Site and use the Services solely for your personal non-commercial use and only as permitted under these Terms of Use and any separate agreements you may have entered into with us (“Access Rights”). We reserve the right, in our sole discretion, to deny or suspend use of the Site or Services to anyone for any reason. You agree that you will not, and will not attempt to: (a) impersonate any person or entity, or otherwise misrepresent your affiliation with a person or entity; (b) use the Site or Services to violate any local, state, national or international law; (c) reverse engineer, disassemble, decompile, or translate any software or other components of the Site or Services; (d) distribute viruses or other harmful computer code through the Site; or (e) otherwise use the Services or Site in any manner that exceeds the scope of use granted above. In addition, you agree to refrain from abusive language and behavior which could be regarded as inappropriate, or conduct that is unlawful or illegal, when communicating with any other individual through the Site and to refrain from contacting any other individual for telehealth services outside of the Site. KinCare is not responsible for any interactions with healthcare professionals. We strongly recommend that you do not use the Services on public computers. We also recommend that you do not store your Account password through your web browser or other software.

Fees and Purchase Terms (If Applicable)

You agree to pay all fees or charges to your Account, if any, in accordance with the fees, charges, and billing terms in effect at the time a fee or charge is due and payable. By providing KinCare with your credit card number or PayPal account and associated payment information, you agree that KinCare is authorized to immediately invoice your account for all fees and charges due and payable to KinCare hereunder and that no additional notice or consent is required.

Website Links.

WE WILL NOT BE LIABLE FOR ANY INFORMATION, SOFTWARE, OR LINKS FOUND AT ANY OTHER WEBSITE, INTERNET LOCATION, OR SOURCE OF INFORMATION, NOR FOR YOUR USE OF SUCH INFORMATION, SOFTWARE OR LINKS, NOR FOR THE ACTS OR OMISSIONS OF ANY SUCH WEBSITES OR THEIR RESPECTIVE OPERATORS.

Ownership.

The Site and its entire contents, features and functionality (including but not limited to all information, software, text, displays, images, video and audio, and the design, selection and arrangement thereof), are owned by KinCare, its licensors or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws. These Terms of Use permit you to use the Site for your personal, non-commercial use only. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store or transmit any of the material on our Site except as generally and ordinarily permitted through the Site according to these Terms of Use. You must not access or use for any commercial purposes any part of the Site or any services or materials available through the Site.

Trademarks.

Certain of the names, logos, and other materials displayed on the Site or in the Services may constitute trademarks, trade names, service marks or logos (“Marks“) of KinCare or other entities. You are not authorized to use any such Marks without the express written permission of KinCare. Ownership of all such Marks and the goodwill associated therewith remains with us or those other entities.

Termination.

You may deactivate your Account and end your registration at any time, for any reason by sending an email to [email protected] KinCare may suspend or terminate your use of the Site, your Account and/or registration for any reason at any time. Subject to applicable law, KinCare reserves the right to maintain, delete or destroy all communications and materials posted or uploaded to the Site pursuant to its internal record retention and/or content destruction policies. After such termination, KinCare will have no further obligation to provide the Services, except to the extent we are obligated to provide you access to your health records or healthcare professionals are required to provide you with continuing care under their applicable legal, ethical and professional obligations to you.

Right to Modify.

We may at our sole discretion change, add, or delete portions of these Terms of Use at any time on a going-forward basis. Continued use of the Site and/or Services following notice of any such changes will indicate your acknowledgement of such changes and agreement to be bound by the revised Terms of Use, inclusive of such changes.

DISCLAIMER OF WARRANTIES.

YOU EXPRESSLY AGREE THAT USE OF THE SITE OR SERVICES IS AT YOUR SOLE RISK. BOTH THE SITE AND SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. KINCARE EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR USE OR PURPOSE, NON-INFRINGEMENT, TITLE, OPERABILITY, CONDITION, QUIET ENJOYMENT, VALUE, ACCURACY OF DATA AND SYSTEM INTEGRATION.

LIMITATION OF LIABILITY.

YOU UNDERSTAND THAT TO THE EXTENT PERMITTED UNDER APPLICABLE LAW, IN NO EVENT WILL KINCARE OR ITS OFFICERS, EMPLOYEES, DIRECTORS, PARENTS, SUBSIDIARIES, AFFILIATES, AGENTS OR LICENSORS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF REVENUES, PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES ARISING OUT OF OR RELATED TO YOUR USE OF THE SITE OR THE SERVICES, REGARDLESS OF WHETHER SUCH DAMAGES ARE BASED ON CONTRACT, TORT (INCLUDING NEGLIGENCE AND STRICT LIABILITY), WARRANTY, STATUTE OR OTHERWISE.

To the extent that we may not, as a matter of applicable law, disclaim any implied warranty or limit its liabilities, the scope and duration of such warranty and the extent of our liability will be the minimum permitted under such applicable law.

Indemnification.

You agree to indemnify, defend and hold harmless KinCare, its officers, directors, employees, agents, subsidiaries, affiliates, licensors, and suppliers, harmless from and against any claim, actions, demands, liabilities and settlements, including without limitation reasonable legal and accounting fees (“Claims”), resulting from, or alleged to result from, your violation of these Terms of Use.

Geographical Restrictions.

KinCare makes no representation that all products, services and/or material described on the Site, or the Services available through the Site, are appropriate or available for use in locations outside the United States or all territories within the United States.

Miscellaneous.

These Terms of Use and your use of the Site shall be governed by the laws of the State of Maryland, without giving effect to the principles of conflict of laws. Any dispute arising under or relating in any way to these Terms of Use will be resolved exclusively by final and binding arbitration in Montgomery County, Maryland, USA under the rules of the American Arbitration Association, except that either party may bring a claim related to intellectual property rights, or seek temporary and preliminary specific performance and injunctive relief, in any court of competent jurisdiction, without the posting of bond or other security. The parties agree to the personal and subject matter jurisdiction and venue of the state and/or federal courts located in Montgomery County, Maryland, USA, for any action related to these Terms of Use.

You understand that by checking the “agree” box for these Terms of Use and/or any other forms presented to you on the Site you are agreeing to these Terms of Use and that such action constitutes a legal signature. You agree that we may send to you any privacy or other notices, disclosures, or communications regarding the Services (collectively, “Communications“) through electronic means including but not limited to: (1) by e-mail, using the address that you provided to us during registration, (2) short messaging service (“SMS”) text message to the mobile number you provided us during registration, (3) push notifications on your mobile device, or (4) by posting the Communications on the Site. The delivery of any Communications from us is effective when sent by us, regardless of whether you read the Communication when you receive it or whether you actually receive the delivery. You can withdraw your consent to receive Communications by deactivating your Account. You can opt-out of future Communications through SMS text message by replying “STOP” or by calling KinCare Member Support.

No waiver by KinCare of any term or condition set forth in these Terms of Use shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of KinCare to assert a right or provision under these Terms of Use shall not constitute a waiver of such right or provision. If any provision of these Terms of Use is held by a court or other tribunal of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms of Use will continue in full force and effect.

KinCare devotes considerable effort to optimizing signal strength and diagnosis deficiencies but is not responsible for the internet or data bandwidth and signal of your mobile device.

The Digital Millennium Copyright Act of 1998 (the “DMCA“) provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. If you believe in good faith that materials appearing on the Site infringe your copyright, you (or your agent) may send us a notice requesting that the material be removed, or access to it blocked. In addition, if you believe in good faith that a notice of copyright infringement has been wrongly filed against you, the DMCA permits you to send us a counter-notice. Notices and counter-notices must meet statutory requirements imposed by the DMCA. One place to find more information is the U.S. Copyright Office Web site, currently located at http://www.loc.gov/copyright. In accordance with the DMCA, KinCare has designated an agent to receive notification of alleged copyright infringement in accordance with the DMCA. Any written Notification of Claimed infringement should comply with Title 17, United States Code, Section 512(c)(3)(A) and should be provided in writing to KinCare, 26501 Ridge RD. Damascus, MD 20872

Please report any violations of these Terms of Use to [email protected].