TELEPHYS INC. ONLINE PRIVACY POLICY

 

  1. Introduction. TELEPHYS INC. (“TELEPHYS INC”, “we”, “us”, or “our”) operates the website located at www.telephys.com, other related websites and mobile applications (collectively, the “Site”). Through these sites, we operate various online services that enable members (“Members”) to receive telehealth services from healthcare providers located in the U.S. This Online Privacy Policy (“Privacy Policy’) explains TELEPHYS INC’s privacy practices that apply to the services (collectively, the “Services”) we provide through our Sites.

Please read the Privacy Policy carefully so that you can understand how TELEPHYS INC collects, uses, and discloses information from and/or about you when you use a Site or the Services. If you do not understand any aspect of our Privacy Policy, please feel free to contact using the information found at the end of the Privacy Policy.

This Privacy Policy is a part of the TELEPHYS INC Terms of Use so by accepting the Terms of Use, you are consenting to the use and disclosure of your personal information as outlined in this Privacy Policy.

 

  1. HIPAA. Telephys Inc and the healthcare providers from the TELEPHYS PHYSICIANS P.A. Medical Group that you interact with when using the Services are required by the Health Insurance Portability and Accountability Act (“HIPAA”) to describe their privacy practices in document called a Notice of Privacy Practices.

THIS NOTICE DESCRIBES HOW MEDICAL INFORMATION ABOUT YOU MAY BE USED AND DISCLOSED AND HOW YOU CAN GET ACCESS TO THIS INFORMATION. PLEASE REVIEW IT CAREFULLY.

2.1 Telephys Inc’s Commitment to Your Privacy

Telephys Inc is dedicated to maintaining the privacy of your protected health information (‘PHI’). PHI is information about you that may be used to identify you (such as your name, social security number or address), and that relates to (a) your past, present or future physical or mental health or condition, (b) the provision of healthcare to you, or (c) your past, present, or future payment for the provision of healthcare. In conducting its business, Telephys Inc will receive and create records containing your PHI. Telephys Inc is required by law to maintain the privacy of your PHI and to provide you with notice of its legal duties and privacy practices with respect to your PHI. Telephys Inc must abide by the terms of this Notice while it is in effect. Telephys Inc reserves the right to change the terms of this Notice at any time, as long as the changes are in compliance with applicable law. If Telephys Inc changes the terms of this Notice, the new terms will apply to all PHI that it maintains, including PHI that was created or received before such changes were made. If Telephys Inc changes this Notice, it will post the new Notice on its Web site and will make the new Notice available upon request.

2.2 Uses and Disclosures of PHI

Telephys Inc may use and disclose your PHI in the following ways:

Treatment, Payment and Healthcare Operations. Telephys Inc is permitted to use and disclose your PHI for purposes of (a) treatment, (b) payment and (c) healthcare operations. For example:

Treatment. Telephys Inc may disclose your PHI to another physician or healthcare provider for purposes of diagnosis, consultations, treatment, a visit or in connection with the provision of follow-up treatment.

Payment. Telephys Inc may use and disclose your PHI to your health insurer or health plan in connection with the processing and payment of claims and other charges.

Healthcare Operations. Telephys Inc may use and disclose your PHI in connection with its healthcare operations, such as providing customer services and conducting quality review assessments. Telephys Inc may engage third parties to provide various services for Telephys Inc. If any such third party must have access to your PHI in order to perform its services, Telephys Inc will require that third party to enter an agreement that binds the third party to the use and disclosure restrictions outlined in this Notice.

Authorization. Telephys Inc is permitted to use and disclose your PHI upon your written authorization, to the extent such use or disclosure is consistent with your authorization. You may revoke any such authorization at any time.

As Required by Law. Telephys Inc may use and disclose your PHI to the extent required by law.

2.3 Special Circumstances

The following categories describe unique circumstances in which Telephys Inc may use or disclose your PHI:

Public Health Activities. Telephys Inc may disclose your PHI to public health authorities or other governmental authorities for purposes including preventing and controlling disease, reporting child abuse or neglect, reporting domestic violence and reporting to the Food and Drug Administration regarding the quality, safety and effectiveness of a regulated product or activity. Telephys Inc may, in certain circumstances disclose PHI to persons who have been exposed to a communicable disease or may otherwise be at risk of contracting or spreading a disease or condition.

Workers’ Compensation. Telephys Inc may disclose your PHI as authorized by, and to the extent necessary to comply with, workers’ compensation programs and other similar programs relating to work-related illnesses or injuries.

Health Oversight Activities. Telephys Inc may disclose your PHI to a health oversight agency for authorized activities such as audits, investigations, inspections, licensing and disciplinary actions relating to the healthcare system or government benefit programs.

Judicial and Administrative Proceedings. Telephys Inc may disclose your PHI, in certain circumstances, as permitted by applicable law, in response to an order from a court or administrative agency, or in response to a subpoena or discovery request.

Law Enforcement. Telephys Inc may, under certain circumstances, disclose your PHI to a law enforcement official, such as for purposes of identifying or locating a suspect, fugitive, material witness or missing person.

Decedents. Telephys Inc may, under certain circumstances, disclose PHI to coroners, medical examiners and funeral directors for purposes such as identification, determining the cause of death and fulfilling duties relating to decedents.

Organ Procurement. Telephys Inc may, under certain circumstances, use or disclose PHI for the purposes of organ donation and transplantation.

Research. Telephys Inc may, under certain circumstances, use or disclose PHI that is necessary for research purposes.

Threat to Health or Safety. Telephys Inc may, under certain circumstances, use or disclose PHI if necessary to prevent or lessen a serious and imminent threat to the health or safety of a person or the public.

Specialized Government Functions. Telephys Inc, may in certain situations, use and disclose PHI of persons who are, or were, in the Armed Forces for purposes such as ensuring proper execution of a military mission or determining entitlement to benefits. Telephys Inc may also disclose PHI to federal officials for intelligence and national security purposes.

2.4 Your Rights Regarding Your PHI

You have the following rights regarding the PHI maintained by Telephys Inc:

Confidential Communication. You have the right to receive confidential communications of your PHI. You may request that Telephys Inc communicate with you through alternate means or at an alternate location, and Telephys Inc will accommodate your reasonable requests. You must submit your request in writing to Telephys Inc.

Restrictions. You have the right to request restrictions on certain uses and disclosures of PHI for treatment, payment or healthcare operations. You also have the right to request that Telephys Inc restrict its disclosures of PHI to only certain individuals involved in your care or the payment of your care. You must submit your request in writing to Telephys Inc. Telephys Inc is not required to comply with your request. However, if Telephys Inc agrees to comply with your request, it will be bound by such agreement, except when otherwise required by law or in the event of an emergency.

Inspection and Copies. You have the right to inspect and copy your PHI. You must submit your request in writing to Telephys Inc. Telephys Inc may impose a fee for the costs of copying, mailing, labor and supplies associated with your request. Telephys Inc may deny your request to inspect and/or copy your PHI in certain limited circumstances. If that occurs, Telephys Inc will inform you of the reason for the denial, and you may request a review of the denial.

Amendment. You have a right to request that Telephys Inc amend your PHI if you believe it is incorrect or incomplete, and you may request an amendment for as long as the information is maintained by Telephys Inc. You must submit your request in writing to Telephys Inc and provide a reason to support the requested amendment. Telephys Inc may, under certain circumstances, deny your request by sending you a written notice of denial. If Telephys Inc denies your request, you will be permitted to submit a statement of disagreement for inclusion in your records.

Accounting of Disclosures. You have a right to receive an accounting of all disclosures Telephys Inc has made of your PHI. However, that right does not include disclosures made for treatment, payment or healthcare operations, disclosures made to you about your treatment, disclosures made pursuant to an authorization, and certain other disclosures. You must submit your request in writing to Telephys Inc and you must specify the time period involved (which must be for a period of time less than six years from the date of the disclosure). Your first accounting will be free of charge. However, Telephys Inc may charge you for the costs involved in fulfilling any additional request made within a period of 12 months. Telephys Inc will inform you of such costs in advance, so that you may withdraw or modify your request to save costs.

Breach Notification. You have the right to be notified in the event that Telephys Inc (or a Telephys Inc Business Associate) discovers a breach of unsecured PHI.

Paper Copy. You have the right to obtain a paper copy of this Notice from Telephys Inc at any time upon request. To obtain a paper copy of this notice, please contact Telephys Inc by calling 188TELEPHYS.

Complaint. You may complain to Telephys Inc and to the Secretary of the Department of Health and Human Services if you believe that your privacy rights have been violated. To file a complaint with Telephys Inc, you must submit a statement in writing to Telephys Inc: complaint@telephys.com. Telephys Inc will not retaliate against you for filing a complaint.

  1. Third Party Sites. This site contains links to other sites. TELEPHYS INC does not share personal information with those sites, unless specifically authorized by you. TELEPHYS INC is not responsible for the privacy policies of any site linked to this website and not wholly owned and controlled by TELEPHYS INC, its affiliates and subsidiaries. We aim to work with trusted partners and organizations which are also bound by state and federal laws governing privacy and security; however, we encourage users to be aware when you leave our Site and to review any privacy policy of a non-TELEPHYS INC site.
  2. 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 (collectively, “Personal Information”). When we use the term “De-Identified Information”, we mean information about you but that does not identify you.

 

  1. The Personal Information we collect or maintain may include:

Your name, age, email address, username, password, and other registration information,

Health Information that you provide us, which may include information or records relating to you and your family’s medical or health history, health status and laboratory testing results, diagnostic images, and other health related information,

Health information about you and your family prepared by the health care provider(s) who provide the Services through the Site such as medical records, treatment and examination notes, and other health related information,

Billing information that you provide us,

Information about the computers or mobile devices 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.

 

  1. We may use your Personal Information for the following purposes (subject to applicable legal restrictions):

To provide you with the Services

To improve the services offered – by performing quality reviews and similar activities

To create De-identified Information such as aggregate statistics relating to the use of the Service

To notify you when Site updates are available,

To market and promote our Site and the Services offered to you through the Site

To fulfill any other purpose for which you provide us Personal Information

For any other purpose for which you give us authorization

You can “opt out” of receiving direct marketing or market research information by emailing us at support@telephys.com.

 

  1. We may also disclose Personal Information that we collect, or you provide as permitted or allowed by law, as follows:

To affiliated medical groups.

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 and use it only for the purposes for which we disclose it to them.

As required by law, which can include providing information as required by law, regulation, subpoena, court order, legal process or government request.

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 TELEPHYS INC’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.

 

  1. Information we Collect via technology: As you use the Site or the Service, certain information may be passively collected by Cookies, navigational data like Uniform Resource Locators (URLs) and third party tracking services, including but not limited to

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.

Cookies. A cookie is a small file containing a string of characters that is sent to your computer when you visit a website. When you visit the Site again, the cookie allows that site to recognize your browser. Cookies may store unique identifiers, user preferences and other information. You can reset your browser to refuse all cookies or to indicate when a cookie is being sent. However, some Site features or services may not function properly without cookies. We use cookies to improve the quality of our service, including for storing user preferences, tracking user trends and providing relevant advertising to you.

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 health care provider who is licensed or authorized to provide services in the state where you are located.

Google Analytics. We use Google Analytics to help analyze how users use the Site. Google Analytics uses 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 from Google Analytics only to improve our Site and Services. Google Analytics collects only the IP address assigned to you on the date you visit the Site, rather than your name or other personally identifying information. 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.

 

  1. De-Identified Information. We may use De-Identified Information created by us without restriction.
  2. Security of Information Collected. We use industry standard physical, technical and administrative security measures and safeguards to protect the confidentiality and security of your Personal Information. Specifically, the Site is protected by SSL 3.0 technology, the leading security protocol for data transfer on the Internet. However, since the Internet is not a 100% secure environment, we cannot guarantee, ensure, or warrant the security of any information you transmit to us. There is no guarantee that information may not be accessed, disclosed, altered, or destroyed by breach of any of our physical, technical, or managerial safeguards. Even though there are many benefits to using this Site, as with all electronic communications there are some risks such as (i) failure of hardware, software and/or Internet connections; we are not responsible for failures, distortions, delays, or other problems resulting from equipment configuration, connection, signal power, hardware, software or any equipment used to access the internet; and (ii) no guarantee that the confidentiality or security of electronic transmissions via the Internet can be assured due to potentially unsecure computers and links. This could result in your data becoming lost or intercepted during transmission. It is your responsibility to protect the security of your login information and to use good judgment before deciding to send information via the Internet. Please note that e-mails, texts and other communications you send to us through our Site are not encrypted, and we strongly advise you not to communicate any confidential information through these means.

 

  1. Modification of Information. You can update some of your personal information through our Site. Requests to modify any information may also be submitted directly to support@telephys.com.

 

  1. Deletion of Information. You can close your online account by emailing us at support@telephys.com. If you close your account, we will no longer use your online account information or share it with third parties. We may, however, retain a copy of the information for archival purposes, and to avoid identity theft or fraud.

 

  1. Report Violations. You should report any security violations to us by sending an email to support@telephys.com.

 

  1. A Special Note about Children and Minors: TELEPHYS INC does not knowingly allow individuals under the age of 18 to create accounts that allow access to our Site or use the Services. If you are below the age of 18 you are not permitted to use this Site or the Services.

 

  1. Other Applicable Law. California Residents have special protections under state law regarding the access and use of personal information. CA Civil Code Sec. 1798.80-1978.84.

 

  1. Changes to our Privacy Policy. We may change this Privacy Policy from time to time in the future. We will post any revised version of the Privacy Policy on this page and at other places we deem appropriate. Continued use of our Service 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 Privacy Policy, both as it exists now and as it is changed from time to time.

 

  1. Questions and How to Contact Us. If you have any questions, concerns, complaints or suggestions regarding or Privacy Policy or otherwise need to contact us, please email us at support@telephys.com.