This statement (“Privacy Policy”) sets forth Apricity Health’s privacy policy and describes our practices with respect to the use of your health information collected by the ApricityCare website (the “Site”) and mobile application (the “App”).  References to “we,” “our,” “us,” or “Apricity Health” refer to Apricity Health, LLC and “you” and “your” refer to you, a user of our Site and/or App.

I. INFORMATION WE COLLECT

A – Personal Information
Personal Information is collected when you voluntarily create an account, use the Site and/or App, and correspond with us by phone, text, email, or otherwise (“Personal Information”).  Personal Information we may collect includes, but is not limited to the following categories:

Contact and Demographic Information.  When you create an account, you voluntarily provide your contact information, including your first and last name, user name, mailing address, email addresses, and phone number.  You also provide demographic information such as your birth date, age, and gender.  If you leave comments, reviews, or post information using the Site, App, or other affiliated websites, that information may be tracked.  If you communicate to us by e-mail, mail, text, or otherwise we will record the e-mail address, postal address and cell number from which you send your correspondence.  Any telephone calls to and from Apricity Health may be monitored and recorded for quality assurance and training purposes. 

Questionnaire and Survey Responses.  When you use various features of the Site and App, Apricity Health will collect responses you provide to our health- and symptom-related questions.  First, you may provide Apricity Health with background information about your health through ApricityCare’s baseline questionnaire.  Second, you will be asked to provide personal health information through daily check-in questionnaires, which will collect data and information concerning: (1) how you feel; (2) changes in your ability to perform daily routines; (3) your vital signs (including blood oxygen saturation level, heart rate, and body temperature); and (4) symptoms you are experiencing.  Based on these responses you are assigned to a risk category level that we collect, record, and, if you authorize, share with your clinical team.  Finally, you may provide additional information in response to occasional optional surveys that inquire about your quality of life and other wellness-related issues.

Protected Health Information.  Much of the Personal Information we receive from you or your clinical team constitutes Protected Health Information (“PHI”) protected under the Health Insurance Portability and Accountability Act of 1996 (“HIPAA”). Apricity Health is not a “covered entity” under HIPAA; however, Apricity Health serves as a “business associate” (as defined by HIPAA) of your clinical team.  In instances where we are a business associate or handling your PHI (and therefore subject to certain HIPAA requirements) we will comply with the requirements of HIPAA applicable to your data and the terms of the business associate agreement between us and your clinical team.  In the event of a conflict between this Privacy Policy and a business associate agreement which covers your Personal Information, the business associate agreement will control.

In particular, by using ApricityCare, you agree and accept that your clinical team will use the provider-facing ApricityOncology program to share your PHI with Apricity Health.  Specifically, Apricity Health will gain access to your PHI including, but not limited to, the complete electronic medical record maintained for you by your clinical team, results from laboratory tests, prescriptions and medication lists, insurance information, and claims data.  In addition, you and/or your clinical team may share your PHI with Apricity Health when you use the Sites and Apps to respond to health- and symptom-related questions and communicate through messages, phone calls, appointment scheduling, and telehealth visits.

Mobile Device Information.  When you access and use the Site or App from your mobile devices, we receive data from your mobile device. This may include your location data, IP, device ID, address and device type.  You may manage how your mobile device and mobile browser share location information with Apricity Health, as well as how your mobile browser handles cookies and related technologies by adjusting your mobile device privacy and security settings.  Please refer to instructions provided by your mobile service provider or the manufacturer of your device to learn how to adjust your settings.

Personal Information from Other Sources.  Apricity Health may receive Personal Information about you from third parties other than the clinical team through which you signed up for ApricityCare. We may associate this information with the other Personal Information we have collected about you.  The collection, use and disclosure of information by third parties is governed by the privacy policies listed on the website where the information was submitted by the user.  Third parties may send their own cookies and pixel tags to you, and may collect information and use it in a way inconsistent with this Privacy Policy.  Please carefully review these third party privacy policies to understand how your information may be collected, used and disclosed by these third parties.

B – Aggregate Information
Non-personally identifying information or “Aggregate Information” is information that, without the aid of additional information, cannot be directly associated with a specific person.  Like most website operators, we collect Aggregate Information about your activities online, including referring / exit pages and URLs, computer settings, number of clicks, domain names, landing pages, pages viewed, and other such information through the use of cookies, pixel tags, Internet Protocol (IP) addresses, click-through URLs, domain name tracking, and analytics.  If you have voluntarily disclosed Personal Information to us, some or all of the Aggregate Information may be linked to your Personal Information.

Cookies.  A cookie is a small data file stored on your hard drive that your browser provides to us when you visit certain web pages.  Cookies are text files containing small amounts of information that are downloaded to your device when you visit a website. Cookies are then sent back to the originating website on each subsequent visit, or to another website that recognizes that cookie. Cookies are useful because they allow a website to recognize a user’s device. You can find more information about cookies at: www.allaboutcookies.org

If you do not want to store cookies on your computer, you can set your browser to refuse cookies or to alert you when cookies are being sent.  However, some parts of the Site may not function properly if you choose not to accept cookies.  If you are concerned that you have created a cookie in a previous visit, you can delete cookies that are already stored on your hard drive by accessing your computer’s cookie file.

Internet Protocol (IP) Address.  Our servers also automatically identify your computer or mobile device by its Internet Protocol (IP) addresses.  An IP address is a number that is automatically assigned to your computer by your Internet Service Provider.  Your IP address does not identify you by name, however, it may reveal your geographic area and your Internet Service Provider.  

Computer Profiles.  We may also collect and accumulate computer profile data which will help us understand and analyze the experience of our visitors. For example, we may collect data relating to the type of browser used, operating system software, screen resolution, color capability, browser plug-ins, language settings, cookie preferences, search engine keywords and JavaScript enablement.

Click-Through URLs.  We may send you e-mail messages with a “click-through URL” linked to the content of our Site.  When you click onto one of these URLs, you will pass through our server before arriving at the destination webpage.  We may track this click-through data to help us determine subscriber interest in the subject matter and measure the effectiveness of our subscriber communications. You can avoid being tracked simply by not clicking on any links or images in the e-mail. 

Domain Name Tracking.  When you use the Site, we automatically record the name of the domain from which you accessed the Site.  Additionally, if you reach the Site by means of a link from another site, our computers will note the fact that you came to us from that linked site.  We may also record the domain name and URL for the next website you go to after leaving the Site.

Analytics.  We may use one or more third-party analytics programs including, but not limited to, Google Analytics to help analyze how users utilize the Site.  Google Analytics uses its own cookies to distinguish users and to collect standard Internet log information and visitor behavior information.  The information generated by the cookie about your use of the Site (including IP address) is transmitted to Google, and we may send aggregated, non-personally identifiable information to Google Analytics as well.  We will only share information as permitted by and in compliance with the applicable requirements of HIPAA and the terms of the business associate agreement between us and your clinical team.  The information we do share is used to create statistical reports on user activity for Apricity Health.  For more information about Google Analytics, including opt-out options visit https://support.google.com/analytics/answer/6004245.

II. OUR USE OF YOUR INFORMATION

Our primary purpose for collecting Personal Information and Aggregate Information (collectively “User Information”) is to facilitate your cancer treatment and help keep your clinical team informed about your health status and symptoms so they can detect any complications early and continually optimize your treatment.  We may also use your User Information for the following purposes:

• To facilitate the creation of and secure your account
• To identify you as a user in our system
• To communicate with you in written, electronic, and verbal form
• To provide information relating to cancer, cancer treatment, and symptoms and side effects
• Provide you with access to personalized content, tools and services
• Respond to your inquiries and send you administrative communications
• To improve and optimize our services and Site and App
• Send you personalized emails or secure electronic messages pertaining to your health status
• To verify your information
• For any other purpose disclosed at the point of collection

We may also use your User Information as necessary to comply with legal requirements, to enforce our Terms of Use, to prevent fraud, to co-operate with law enforcement and regulatory authorities, and to stop other prohibited, illegal, or harmful activities

We may also use your User Information to verify your geographic location. We may use your geographic location data to personalize our products and services, to recommend content, determine whether the information you have requested is available in your location. If Information is aggregated or de-identified so it is no longer reasonably associated with an identified or identifiable natural person, Apricity Health may use it for any business purpose.

With respect to User Information that constitutes PHI, we will only use your PHI as permitted by and in compliance with the applicable requirements of HIPAA and the terms of the business associate agreement between us and your clinical team. 

We may also de-identify your PHI as permitted under HIPAA as well as the business associate agreement between Apricity Health and your clinical team and you agree to allow us to do so by accepting this Privacy Policy.  We may use and/or further disclose this de-identified information for our business and research purposes.

III. DISCLOSURE OF YOUR INFORMATION

Apricity Health does not sell your User Information.  We may share your information as described below. With respect to User Information that constitutes PHI, we will only share your PHI as permitted by and in compliance with the applicable requirements of HIPAA and the terms of the business associate agreement between us and your clinical team. We will not use or disclose your PHI for marketing purposes or sell your PHI, unless you have agreed to this use or disclosure.

Clinical Team. We will share User Information with your clinical team in order to provide services through ApricityCare and ApricityOncology.  We may share with your clinical team risk assessment conclusions and your answers to check-in questionnaires as well as any other PHI you disclose to us. 

Affiliated Companies.  We may share User Information and de-identified versions of User Information with our parent company, subsidiaries and other related companies, who may use the User Information for the purposes described above.  With respect to your PHI, Apricity Health limits access to only those employees, contractors, and agents who need your PHI to do their jobs or provide their services, and we will require them to comply with the privacy requirements set forth in HIPAA and the business associate agreement between us and your clinical team.

Service Providers.  We may disclose your User Information to third-party service providers hired to perform internal business functions on our behalf including, but not limited to, sending direct mail or email, website or database hosting companies, e-mail service providers, analytics companies, and payment processing companies.  Unless otherwise stated, these companies do not have any right to use the User Information we provide to them beyond what is necessary for them to assist us.  Moreover, to the extent any service providers require access to your PHI, they are considered a business associate under HIPAA and we will require them to comply with the privacy requirements established by HIPAA and set forth in the business associate agreement between us and your clinical team.

Legal Disclaimer Concerning Subpoenas and Other Matters.  We reserve the right to release account and User Information about you when we believe, in our sole discretion, that such release is appropriate to (1) comply with the law, legal process, or law enforcement requests; (2) protect and defend our rights, property, safety, or other interests, including those of  our parent company, subsidiaries, customers, shareholders, or others; (3) protect against misuse or unauthorized use of our Site or App and to enforce or apply our Terms of Use and other agreements; and/or (4) protect the personal safety or property of our users or the public.

Business Transitions.  We reserve the right to transfer all User Information in our possession in the event Apricity Health goes through a business transition, such as a merger, being acquired by another company, or selling a portion of its assets.  Similarly, your User Information may be passed on to a successor-in-interest in the event of a reorganization, reconstruction, liquidation, bankruptcy, or administration.  Users will not be notified of any such change of ownership or control of their User Information.

IV. DATA SECURITY

No transmission of data over the Internet is guaranteed to be completely secure and we cannot guarantee that your submissions to the Site or App, any content residing on our servers, or any transmissions from our server will be completely secure.  It may be possible for third parties to intercept or access transmissions or private communications unlawfully.  Any such transmission is done at your own risk. To help protect yourself and your information, you should choose a unique password for our Site and App, and you should not use a password on our Site or App that you would use on any other website or online service.  You are responsible for keeping this password confidential.

In addition, we have implemented policies and procedures designed to secure your Personal Information and PHI from accidental loss and from unauthorized access, use, alteration, and disclosure. Apricity Health uses a combination of physical, electronic, and procedural safeguards in accordance with applicable Federal and State laws.  With respect to your PHI, Apricity Health limits access to only those employees, contractors, and agents who need your PHI to do their jobs or provide their services.

V. CHILDREN’S PRIVACY

The Site and App are intended for adult use only and are not directed towards children, minors, or anyone under the age of 18.  If you are under the age of 13, you are not authorized to provide us with any personal information.  If the parent or guardian of a child under 13 believes that the child has provided us with any personal information, the parent or guardian of that child should contact our us at the email address below and ask to have this personal information deleted from our files.  We appreciate your cooperation with this federally mandated requirement.

VI. CHANGES AND UPDATES TO THIS PRIVACY POLICY

From time to time, we may revise this Privacy Policy. To help you stay current of any changes, we note the date the Privacy Policy was last updated above. You agree to review the Privacy Policy periodically so that you are aware of any modifications. Continued use of Site or App following notice of such changes shall indicate your acknowledgement of such changes and agreement to be bound by the terms and conditions of such changes.

VII. APRICITY HEALTH CONTACT INFORMATION

If you have questions or complaints regarding this Policy or our practices, please contact us at:

Apricity Health LLC
3262 Westheimer Rd. #762
Houston, TX 77098

To contact us directly online please use the Contact form on our Website.

VIII. NOTE TO CALIFORNIA RESIDENTS

Your California Privacy Rights. California Civil Code Section 1798.83 permits California residents who have provided personally identifiable information to us or our third-party advertisers and marketing partners, if any, to request certain information regarding our disclosure of personally identifiable information to third parties for direct marketing purposes. Apricity Health does not share personally identifiable information with third-parties for their own marketing purposes.

Our websites do not accept or process such Do Not Track signals or similar mechanisms. Other third party websites may keep track of your browsing activities when they provide you with content, which enables them to customize what they present to you on their websites.