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Last modified: April, 2020


MDLIVE ONLINE PRIVACY POLICY



1. Introduction.

This Privacy Policy describes how MDLIVE collects and uses Personal Data about you through the use of our Website, mobile MDLIVE, and through email, text, and other electronic communications between you and MDLIVE.

MDLIVE, Inc. (“MDLIVE,” “we,” “our,” or “us”) respects your privacy, and we are committed to protecting it through our compliance with this policy.

This Privacy Policy (our “Privacy Policy”) describes the types of information we may collect from you or that you may provide when you visit the website MDLIVE.com (our “Website”) and the MDLIVE application (our “Application”) and our practices for collecting, using, maintaining, protecting, and disclosing that information.

This policy applies to information we collect:

It does not apply to information collected by:


Note, MDLIVE is not a medical group. Any telemedicine consults obtained through our Website or Application are provided by independent medical practitioners including, but not limited to, MDLIVE Medical Group, P.A., MDLIVE Medical Group (DE), P.A., MDLIVE Medical Group of New York, MDLIVE Medical Group (IL), LLC, MDLIVE Medical Group (NC), P.C., MDLIVE Medical Group (NJ), LLC, MDLIVE Medical Group NM, LLC, MDLive Medical Group of California, and MDL Medical Group (TX), PLLC (collectively, “MDLIVE Medical”), which are independent medical groups with a network of United States based health care providers (each, a “Provider”). MDLIVE Medical (or your own medical provider if you do not use a MDLIVE Medical Provider) is responsible for providing you with a Notice of Privacy Practices describing its collection and use of your health information, not MDLIVE. If you do not agree to be bound by those terms, you are not authorized to access or use our Website, and you must promptly exit our Website or Application.

Please read this policy carefully to understand our policies and practices regarding your information and how we will treat it. If you do not agree with our policies and practices, you should elect not to use our Website or Application. By accessing or using our Website or Application, you agree to this Privacy Policy. This Privacy Policy may change from time to time (see Changes to Our Privacy Policy). Your continued use of our Website or Application after we make changes is deemed to be acceptance of those changes, so please check this Privacy Policy periodically for updates.


2. Children Under the Age of 18.

Our Website and Application are not intended for children under the age of 18 without parental consent.

If you are under the age of eighteen (18) and wish to create an account with MDLIVE, your parent or legal guardian must create the account, submit your personal information, and agree to this privacy policy on your behalf. If you are under the age of 13, you may only use our services and access our Website and Application with the supervision and consent of your parents or legal guardians, including the Provider consultation services. If we learn that we have collected personal information from someone under the age of 13 that was not provided with the supervision and consent of the minor’s parents or legal guardian, we will promptly delete that information. If you believe we have impermissibly collected personal information from someone under the age of 13, please contact us using the information below.


3. Information We Collect About You and How We Collect It.

We collect different types of information about you, including information that may directly identify you, information that is about you but individually does not personally identify you, and information that we combine with our other users. This includes information that we collect directly from you or through automated collection technologies.

Generally


We collect several types of information from and about users of our Website and Application (collectively, “Personal Data”), specifically information: We collect this information:

Information You Provide to Us


The information we collect on or through our Website or through our Application is:

You also may provide information to be published or displayed (hereinafter, “posted”) on public areas of the Website or Application or transmitted to other users of the Website or Application or third parties (collectively, “User Contributions”). Your User Contributions are posted on and transmitted to others at your own risk. Although we limit access to certain pages, please be aware that no security measures are perfect or impenetrable. Additionally, we cannot control the actions of other users of the Website and Application with whom you may choose to share your User Contributions. Therefore, we cannot and do not guarantee that your User Contributions will not be viewed by unauthorized persons.

Information We Collect Through Automatic Data Collection Technologies

As you navigate through and interact with our Website and Application, we may use automatic data collection technologies to collect certain information about your equipment, browsing actions, and patterns, specifically:

The information we collect automatically may include Personal Data or we may maintain it or associate it with Personal Data we collect in other ways or receive from third parties. It helps us to improve our Website and Application and to deliver a better and more personalized service by enabling us to:


The technologies we use for this automatic data collection may include:

4. How We Use Your Information.

We use your Personal Data for various purposes described below, including to:

  • provide our Website or Application to you;

  • provide services to you;

  • provide you with information you request from us;

  • enforce our rights arising from contracts;

  • notify you about changes; and

  • provide you with notices about your account.


We use information that we collect about you or that you provide to us, including any Personal Data:

We may also use your information to contact you about goods and services that may be of interest to you, including through newsletters. If you wish to opt-out of receiving such communications, you may do so at any time by clicking unsubscribe at the bottom of these communications or by visiting your Account Preferences page. For more information, see Choices About How We Use and Disclose Your Information.

Some information MDLIVE collects constitutes protected health information (“PHI”) under the U.S. Health Insurance Portability and Accountability Act (“HIPAA”). As set forth above, MDLIVE Medical (or your own medical provider if you do not use a MDLIVE Medical Provider) will provide you with a Notice of Privacy Practices describing its collection and use of your health information, not MDLIVE, Inc. MDLIVE will use PHI only for the purpose for which it was collected and we only collect the information we need to fully perform our services and to respond to you or your Provider. We may use your PHI to contact you, to provide requested services, to provide information to your Providers and insurers, to obtain payment for our services, to respond to your inquiries and requests, and to respond to inquiries and requests from your Providers and benefits program. We may combine your information with other information about you that is available to us, including information from other sources, such as from your Providers, insurers or benefits program, in order to maintain an accurate record of our participants. PHI will not be used for any other purpose, including marketing, without your consent.

We may de-identify or aggregate your Personal Data so that it no longer reasonably identifies you. In this case, we may use this de-identified data without restriction and for any purpose, including to improve our Website, Application, and products and services.


5. Disclosure of Your Information:

We do not share, sell, or otherwise disclose your Personal Data for purposes other than those outlined in this Privacy Policy. We may disclose your Personal Data to a few third parties, including:

  • our affiliates and third party service providers that we use to support our business;
  • to a company we merge, acquire, or that buys us, or in the event of change in structure of our company of any form;
  • to comply with our legal obligations;
  • to enforce our rights; and
  • with your consent.

We do not share, sell, or otherwise disclose your Personal Data for purposes other than those outlined in this Privacy Policy. However, we may disclose aggregated information about our users, and information that does not identify any individual, without restriction.
We may disclose Personal Data that we collect or you provide as described in this privacy policy: We may also disclose your Personal Data:

6. Choices About How We Use and Disclose Your Information :

We offer you choices on how you can opt out of our use of tracking technology, disclosure of your Personal Data for our advertising to you, and other targeted advertising.

We do not control the collection and use of your information collected by third parties described above in Disclosure of Your Information. These third parties may aggregate the information they collect with information from their other customers for their own purposes.

In addition, we strive to provide you with choices regarding the Personal Data you provide to us. We have created mechanisms to provide you with control over your Personal Data:


7. Your Rights Regarding Your Information and Accessing and Correcting Your Information:

You may review and change your Personal Data by logging into the Application or Website and visiting your User Preferences page.

You can review and change your Personal Data by logging into our Website or Application and visiting either the User Preferences sections of our Application or Website. You may also notify us through the Contact Information below of any changes or errors in any Personal Data we have about you to ensure that it is complete, accurate, and as current as possible or to delete your account. We cannot delete your personal information except by also deleting your account with us. We may also not be able to accommodate your request if we believe it would violate any law or legal requirement or cause the information to be incorrect.

With respect to any PHI MDLIVE may obtain, you have certain rights under HIPAA to access your data, to restrict use and disclosure of it, to request communication methods, to request corrections to your data, to receive an accounting of disclosures and to receive notice of any breach. See the Notice of Privacy Practices provided to you by your Provider for more information.


8. Do Not Track Signals:

We currently do not use automated data collection technologies to track you across websites. We currently do not honor do-not-track signals that may be sent by some browsers.

Some web browsers permit you to broadcast a signal to websites and online services indicating a preference that they “do not track” your online activities. At this time, we do not honor such signals, but we currently do not use automated data collection technologies to collect information about your online activities over time and across third party websites or other online services (behavioral tracking).


9. Data Security :

Information transmitted over the Internet is not completely secure, but we do our best to protect your Personal Data. You can help protect your Personal Data and other information by keeping your password to our Website confidential.

We have implemented measures designed to secure your Personal Data from accidental loss and from unauthorized access, use, alteration, and disclosure. We use application timeouts and encryption technology for information sent and received by us.

The safety and security of your information also depends on you. Where you have chosen a password for the use of our Website or Application, you are responsible for keeping this password confidential. We ask you not to share your password with anyone.

Unfortunately, the transmission of information via the Internet is not completely secure. Although we work diligently to try and protect your Personal Data, we cannot guarantee the security of your Personal Data transmitted to our Website or on or through our Application. Any transmission of Personal Data is at your own risk. We are not responsible for circumvention of any privacy settings or security measures contained on the Website, in your operating system, or in the Application.


10. California Privacy Rights :

At this time, MDLIVE has determined that it is not subject to the California Consumer Privacy Act of 2018 (CCPA).

At this time, MDLIVE has determined that it is not subject to the California Consumer Privacy Act of 2018 (CCPA). The CCPA expressly excludes personal information collected, processed, sold, or disclosed pursuant to certain sector-specific privacy laws, including medical information governed by the California Confidentiality of Medical Information Act (CMIA), protected health information collected by a covered entity or business associate governed by the Health Insurance Portability and Accountability Act of 1996 (HIPAA), or a provider of health care governed by the CMIA or covered entity governed by HIPAA to the extent the provider or covered entity maintains patient information in the same manner as medical information or protected health information under the CMIA or HIPAA, respectively. As the information collected by MDLIVE falls under these exclusions, the information we collect is generally exempt from the CCPA. The CCPA also does not apply to publicly available information from government records, and de-identified or aggregated consumer information.

Further, note that information regarding MDLIVE job applicants, employees, owners, directors, officers, or contractors, emergency contact information from the same, and information necessary for MDLIVE to administer benefits to the same, and information MDLIVE obtains from a consumer acting on behalf of a company and whose communications with MDLIVE occur solely within the context of MDLIVE conducting due diligence regarding, or providing or receiving a product or service to or from another company, are generally exempt from much of CCPA. If you have questions about any of the foregoing, please contact us using the information set forth below.


11. Changes to Our Privacy Policy:

We will post any changes to our Privacy Policy on our Website. If we make material changes to our Privacy Policy, we may notify you of such changes through your contact information and invite you to review (and accept, if necessary) the changes.

We may change this Privacy Policy at any time. It is our policy to post any changes we make to our Privacy Policy on this page with a notice that the Privacy Policy has been updated on the Website’s home page or the Application’s home screen. If we make material changes to how we treat our users’ Personal Data, we will notify you by email to the email address specified in your account and/or through a notice on the Website’s home page or the Application’s home screen. The date this Privacy Policy was last revised is identified at the top of the page. You are responsible for ensuring we have an up-to-date active and deliverable email address for you, and for periodically accessing the Application or visiting our Website and reviewing this Privacy Policy to check for any changes.


12. Contact Information:

You may contact us through the contact information below.

If you have any questions, concerns, complaints or suggestions regarding our Privacy Policy or otherwise need to contact us, you may contact us at the contact information below or through the “Contact Us” page on our Website or in the Application.

MDLIVE, Inc.
Attn: Chief Compliance Officer
3350 SW 148th Avenue, Suite 300
Miramar, Florida 33027
Telephone: (800)-400-6354
Email: privacy@mdlive.com

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