Last modified April 2015
At Total Access Medical, we’re committed to protecting your privacy. This Privacy Policy applies to our Websites (totalaccessmedical.com, wellness.totalaccessmedical.com, and each of the individual pages for the Total Access Medical physicians) and Subscription Service and governs our Websites’ data collection, processing, and usage practices. By using our Websites and Subscription Service, you consent to the data practices described in this Privacy Policy. If you do not agree with the data practices described in this Privacy Policy, you should not use our Websites or Subscription Service. Unless otherwise noted, the terms of this Privacy Policy do not apply to how we will handle your Personal Information that is not transmitted electronically or online.
Note: We reserve the right to update this Privacy Policy at any time, so please check it regularly to see if any revisions have been made. No individual notification(s) of changes to this Privacy Policy will be provided to users of the Websites. If you have any questions regarding this policy, please don’t hesitate to contact us. If you continue to use these Websites after the effective date of a modification, your continued use serves as your agreement to any modified terms of this Website Privacy Policy.
How our Subscription Service Works
We use an online subscription service through HubSpot. To understand how HubSpot’s subscription service works, we’re quoting directly from HubSpot’s privacy page regarding this matter (because why re-invent the wheel?):
“Our online Subscription Service allows any company that uses it (our customers and HubSpot itself) to build marketing webpages on our servers where visitors can learn more about the company, download content, and provide their contact information and other demographic information. This information, which is stored and managed on our service providers’ servers, is then used so that the visitors can be contacted about their interest in the company’s goods or services and interact with the company. HubSpot provides the Subscription Service to our customers for their own marketing and lead generation, and we use it on our Websites for our own marketing and lead generation. ” – HubSpot privacy policy, September 2014
HubSpot’s agreement with Total Access Medical prohibits us from using the Subscription Service to collect, manage, or process Sensitive Information. “Sensitive Information” refers to credit or debit card numbers, personal financial account information, Social Security numbers, Social Insurance numbers, passport numbers, driver’s license numbers or similar personal identifiers, racial or ethnic origin, physical or mental health condition or information (including but not limited to “individually identifiable health information” (“IIHI”) and “protected health information” (“PHI”) as defined by the Health Insurance Portability and Accountability Act of 1996, as amended, and the Health Information Technology for Economic and Clinical Health Act of 2009 (“HITECH”), or other financial or health information.
Information We Collect
While you don’t need to provide any information in order to explore and enjoy our Websites, we do collect Navigational Information.
In addition, we sometimes request that you provide Personal Information when you’re seeking certain things from us (like our guide to: “Is Direct Primary Care Right for You?,” for example).
What Do We Mean by “Navigational Information”?
This refers to information about your computer and your visits to this Website, such as your IP address, geographical location, browser type, referral source, length of visit, and pages viewed.
What Do We Mean by “Personal Information”?
This refers to any information that you voluntarily submit to us and that identifies you personally, including contact information, such as your name, e-mail address, company name, address, phone number, credit card information and other information about yourself (including Health Information that you supply to us) or your business. Personal Information can also include information about any transactions, both free and paid, that you enter into on the Websites, or publicly available information that we acquire from service providers.
What do We Mean by “Health Information”?
This refers to any Personal Information about your health that you voluntarily submit to or receive from us, including but not limited to IIHI and PHI, through our Websites and our Patient Portal. Please note that the Patient Portal is operated by a third party and will be subject to the Terms of Use applicable to the Patient Portal, which are located here.
Use of Patient Portal
In order to use the Patient Portal, you will need to create a User Name and Password and agree to the terms and conditions of use of the Patient Portal, which are located here. The Patient Portal is a service, and we may suspend or discontinue the Patient Portal and/or your individual access to it at any time and for any reason. If we do suspend or discontinue this service, we will notify you as promptly as we reasonably can. We also reserve the right to change the Patient Portal from time to time for any reason without prior notice (although such changes may be noted in the Terms of Use of the Patient Portal). Health Information that you send or receive through the Patient Portal is encrypted in accordance with the National Institute for Standards and Technology Guidelines. For additional information on how we use Health Information, please see the Notice of Privacy Practices applicable to your Total Access Medical physician.
Information about Children
Our Websites and Subscription Service are not intended for or targeted at children under 13, and we do not knowingly or intentionally collect information about children under 13. If you believe that we have collected information about a child under 13, please contact us so that we may delete the information.
Applicability of HIPAA
While Total Access Medical is not a covered entity under HIPAA, we are a business associate of the physicians who are affiliated with Total Access Medical. As such, our use and disclosure of PHI is subject to certain requirements that are imposed by HIPAA and HITECH upon the business associates of covered entities (such as the physicians affiliated with Total Access Medical). In addition, please see the Notice of Privacy Practices for each physician associated with us on the individual webpages of such physicians on our Websites for further information on these requirements.
How We Use Your Personal Information
We Never Sell Your Personal Information
We will never sell your Personal Information to any third party. (Because it is unprofessional, unethical, and wouldn’t be a very nice thing to do, would it?) We maintain a strict “no-spam” policy, and your e-mail address will not be sold to a third party if you sign up to our Subscription Service.
We Use Your Personal Information for Your Interaction with Total Access Medical
We may collect and use your Personal Information for one or more of the following purposes:
- To make your web experience better by personalizing the Websites and improving the Subscription Service to make your browsing experience better.
- To track usage.
- To process your credit card or other forms of electronic payment.
- To provide you with information about Total Access Medical (such as the addition of new providers, the addition of new locations or the provision of new services and/or special offers) as permitted by HIPAA and HITECH.
- To send to you information that you have requested.
- To analyze the overall information submitted to us in order to improve our Websites, services and promotion.
- To comply with HIPAA, HITECH and other federal and state legal requirements.
- Additional uses that are necessary or useful for Total Access Medical to conduct its business, to the extent permitted by law.
We Ask Permission Regarding Your Personal Information
If you choose to download something from our site (or some similar action), you will need to provide, at the very least, an email address. We will use this email address to deliver the item you’ve asked for or to provide further directions on how to obtain it. You might receive further communications such as marketing communications (as permitted by HIPAA and HITECH) from Total Access Medical.
That said, you are always in control and can unsubscribe yourself from these communications at any time by clicking on the “unsubscribe” link at the bottom of every email or contacting us via phone, email, snail mail, or through our contact page.
We do this for two reasons: first, it’s just proper and polite, and, second, because we strive to be in compliance with the United States’ CAN-SPAM Act. Any marketing information provided to you will be provided as permitted by HIPAA and HITECH, where applicable.
Bottom line: you can opt-out, unsubscribe, or update your preferences at any time you want.
Your Opt-Out Rights Regarding Your Personal Information
If you provide us with your Personal Information, you have the following rights with respect to that information:
- To review the user information that you have supplied to us
- To request that we correct any errors, outdated information, or omissions in user information that you have supplied to us
- To request that your user information not be used to contact you
- To request that your user information be removed from any solicitation list that we use
- To request that your user information be deleted from our records
In addition, where your Personal Information is Health Information, you will also have the rights under HIPAA that are set forth in Notice of Privacy Practices applicable to your Total Access Medical physician, which is located on his or her individual website that is incorporated herein.
To exercise any of these rights, please contact us. We will change, correct, or delete your information as appropriate (and as may be legally required) and notify you of the action we have taken.
To Unsubscribe from Our Communications
You may unsubscribe from our marketing communications by clicking on the “unsubscribe” link located on the bottom of our e-mails or by contacting us. Customers cannot opt out of receiving transactional emails related to their accounts.
To Update Your Preferences Regarding Our Communications
To view and update your preferences, including any lists you’re subscribed to, simply click on the “email preferences” link at the bottom of every email.
Who Has Access to Your Personal Information?
Total Access Medical employees have access to your Personal Information, and we also employ other companies and people to provide services (such as marketing) and they have access to your information as well. These people understand that your Personal Information is confidential and they are only to use it in accordance with this Privacy Policy and with HIPAA and HITECH (where applicable as it relates to your Health Information).
On rare occasions, a trusted third party might ask us about the demographic makeup of our contact database. In these instances, we might provide statistical information about our database, but never any information that could be used to identify any individual user.
We Keep your Personal Information Secure
We use a variety of security technologies and procedures to help protect your Personal Information from unauthorized access, use, or disclosure. Where required with regard to your Health Information, such security technologies and procedures comply with applicable law such as HIPAA and HITECH. In addition, where you are making a credit card payment of a bill through our Websites, we use secure socket layers (SSL) technology that establishes an encrypted link between our Websites and you. Please note that e-mail is not encrypted and is not considered to be a secure means of submitting credit card information to us. As noted elsewhere in this Privacy Policy, while we are using SSL technology in an attempt to protect your Personal Information, we cannot make any guarantees that such transmission is completely secure, and as such, any Personal Information submitted to us is done at your own risk.
Retention of Personal Information
We retain Personal Information that you provide us as long as we consider it potentially useful in contacting you about the Subscription Service or our other services, and then we securely delete the information. We will delete this information from the servers at an earlier date if you so request, as described in the opting out and unsubscribing sections above. Total Access Medical physicians will retain Health Information for the minimum period of time required by federal and/or state law.
What Happens if We Go Away?
If we (or our assets) are acquired by another company, whether by merger, acquisition, bankruptcy, or otherwise, that company would receive all information gathered by our Websites and the Subscription Service.
Important! Compelled Disclosure
We reserve the right to use or disclose your Personal Information if required by law (such as HIPAA) or if we reasonably believe that use or disclosure is necessary to protect our rights or to comply with a law, court order, or legal process (as permitted or required by HIPAA or applicable state law).
Your Personal Information and Social Media, External Websites, and Public Forums
Social Media
Our Websites include Social Media Features, such as the Facebook Like button. These features may collect your IP address, which page you are visiting on our sites, and may set a cookie to enable the feature to function properly. Social Media Features and Widgets are either hosted by a third party or hosted directly on our Websites. This Privacy Policy does not apply to these features. Your interactions with these features are governed by the privacy policy and other policies of the companies providing them.
External Websites
Our Websites occasionally provide links to other websites. We’re not in control of these websites, so we’re not responsible for the content and privacy practices of these websites. We encourage you to review the policy statements of these external sites for assurance that they adequately safeguard your privacy. These links don’t constitute our endorsement of these other websites, their content, their owners, or their practices.
Public Forums
We offer a public blog where people can leave comments. You should not at any time post your Personal Information or your Health Information in these public forums. Please keep in mind that if you directly disclose any information through this commenting function, this information may be collected and used by others. We will delete any information you have posted on the public blog portion of Websites if you so request, as described in the opting out and unsubscribing sections above.
How We Use Navigational Information
The short of it goes like this: we use Navigational Information to operate and improve the Websites and the Subscription Service, as well as to improve your experience on our Websites. Read below for nitty-gritty specifics.
Cookies
We use “cookies” to help you personalize your online experience. A cookie is a text file that is placed on your hard disk by a Web server. Cookies are not used to run programs or deliver viruses to your computer. Cookies are uniquely assigned to you, and can only be read by a Web server in the domain that issued the cookie to you. One of the primary purposes of cookies is to provide a convenience feature to save you time. The purpose of a cookie is to tell the Web server that you have returned to a specific page. For example, if you personalize pages on our Websites, or register for the Subscription Service, a cookie helps us to recall your specific information on subsequent visits. When you return to the same Website, the information you previously provided can be retrieved, so you can easily use the customized features.
Most Web browsers automatically accept cookies, but you can usually modify your browser setting to decline cookies if you prefer. If you choose to decline cookies, you may not be able to fully experience interactive features on our Websites or Subscription Service. We keep track of pages you visit in order to determine the most popular or most used. This data is used to deliver better customized content and promotions. Please note that activation of settings or other mechanisms to block cookies or other tracking technologies will not affect the collection or use of Personal Information as described elsewhere in this Policy.
Remarketing
We use a tool provided by Google as part of their Adwords product portfolio called Remarketing. Remarketing allows us to target ads to you on other websites based on you having visited totalaccessmedical.com or wellness.totalaccessmedical.com. A cookie is set on your browser when you visit this site. This cookie allows us to know that a Total Access Medical ad is relevant to you on other websites. You can opt out of how Google uses cookies by visiting: www.google.com/settings/ads. Remarketing does not include ads based on information you received or sent over the Patient Portal.
Log Files
We may collect demographic information, such as your ZIP code, Postal code, age, gender, preferences, interests, and favorites using log files that are not associated with your name or other personally identifying information.
There is also information about your computer hardware and software that we automatically collect. This information can include your IP address, browser type, domain names, access times, and referring website addresses. For these purposes, we do link this automatically-collected data to Personal Information, such as name, email address, address, and phone number.
In addition to the uses described above, we may use this Navigational Information to improve the Websites (including but not limited to their functionality, ease of use, etc.) and the services that Total Access Medical offers, analyze the demographic information of the Websites’ users and their activity on the Websites, track usage of certain functions and information accessed on the Websites, improve our marketing and outreach efforts and to develop reports enabling us to analyze and improve the Websites.
Third Party Tracking Technologies
The use of cookies (such as flash cookies) and web beacons by any tracking utility company is not covered by our privacy statement. We do not have access or control over these third party tracking technologies.
Disclaimer/No Guarantee
Although we maintain reasonable safeguards designed to protect the information that you supply to us through our Websites, please realize that data transmitted over the internet cannot be guaranteed to be absolutely secure. As such, despite the protections that we have put into place, we cannot guarantee the security of our Websites or of any information you transmit or receive from us. The information that you supply to us through these Websites or via e-mail may be intercepted and/or hacked, and we are not responsible or liable for the illegal or unethical actions of third parties such as hackers. If you send us e-mail messages or submit information to us on the Websites, you are accepting the risk that such information could be intercepted by a third party.
If you have any questions about this Privacy Policy, please don’t hesitate to contact us.