Last updated: January 28, 2020
Interpretation and Definitions
The words of which the initial letter is capitalized have meanings defined under the following conditions.
The following definitions shall have the same meaning regardless of whether they appear in singular or in plural.
You means the individual accessing or using the Service, or the company, or other legal entity on behalf of which such individual is accessing or using the Service, as applicable.
Company (referred to as either “the Company”, “We”, “Us” or “Our” in this Agreement) refers to Progressive Health Care Systems, 3765 S Higuera St, Suite 120 San Luis Obispo, CA 93401.
- Affiliate means an entity that controls, is controlled by or is under common control with a party, where “control” means ownership of 50% or more of the shares, equity interest or other securities entitled to vote for election of directors or other managing authority.
- Account means a unique account created for You to access our Service or parts of our Service.
- Website refers to Holvan Patient Apps, accessible from https://www.holvanapp.com/
- Service refers to the Website.
- Country refers to: California, United States
Service Provider means any natural or legal person who processes the data on behalf of the Company. It refers to third-party companies or individuals employed by the Company to facilitate the Service, to provide the Service on behalf of the Company, to perform services related to the Service or to assist the Company in analyzing how the Service is used.
- Third-party Social Media Service refers to any website or any social network website through which a User can log in or create an account to use the Service.
Personal Data is any information that relates to an identified or identifiable individual.
- Cookies are small files that are placed on Your computer, mobile device or any other device by a website, containing the details of Your browsing history on that website among its many uses.
- Usage Data refers to data collected automatically, either generated by the use of the Service or from the Service infrastructure itself (for example, the duration of a page visit).
Collecting and Using Your Personal Data
Types of Data Collected
While using Our Service, We may ask You to provide Us with certain personally identifiable information that can be used to contact or identify You. Personally identifiable information may include, but is not limited to:
- Email address
- First name and last name
- Phone number
- Address, State, Province, ZIP/Postal code, City
- Usage Data
Usage Data is collected automatically when using the Service.
Usage Data may include information such as Your Device’s Internet Protocol address (e.g. IP address), browser type, browser version, the pages of our Service that You visit, the time and date of Your visit, the time spent on those pages, unique device identifiers and other diagnostic data.
When You access the Service by or through a mobile device, We may collect certain information automatically, including, but not limited to, the type of mobile device You use, Your mobile device unique ID, the IP address of Your mobile device, Your mobile operating system, the type of mobile Internet browser You use, unique device identifiers and other diagnostic data.
We may also collect information that Your browser sends whenever You visit our Service or when You access the Service by or through a mobile device.
Tracking Technologies and Cookies
You can instruct Your browser to refuse all Cookies or to indicate when a Cookie is being sent. However, if You do not accept Cookies, You may not be able to use some parts of our Service.
Cookies can be “Persistent” or “Session” Cookies. Persistent Cookies remain on your personal computer or mobile device when You go offline, while Session Cookies are deleted as soon as You close your web browser.
We use both session and persistent Cookies for the purposes set out below:
Necessary / Essential Cookies
Type: Session Cookies
Administered by: Us
Purpose: These Cookies are essential to provide You with services available through the Website and to enable You to use some of its features. They help to authenticate users and prevent fraudulent use of user accounts. Without these Cookies, the services that You have asked for cannot be provided, and We only use these Cookies to provide You with those services.
Cookies Policy / Notice Acceptance Cookies
Type: Persistent Cookies
Administered by: Us
Type: Persistent Cookies
Administered by: Us
Purpose: These Cookies allow us to remember choices You make when You use the Website, such as remembering your login details or language preference. The purpose of these Cookies is to provide You with a more personal experience and to avoid You having to re-enter your preferences every time You use the Website.
For more information about the cookies we use and your choices regarding cookies, please visit our Cookies Policy.
Use of Your Personal Data
The Company may use Personal Data for the following purposes:
- To provide and maintain our Service, including to monitor the usage of our Service.
- To manage Your Account: to manage Your registration as a user of the Service. The Personal Data You provide can give You access to different functionalities of the Service that are available to You as a registered user.
- For the performance of a contract: the development, compliance and undertaking of the purchase contract for the products, items or services You have purchased or of any other contract with Us through the Service.
- To contact You: To contact You by email, telephone calls, SMS, or other equivalent forms of electronic communication, such as a mobile application’s push notifications regarding updates or informative communications related to the functionalities, products or contracted services, including the security updates, when necessary or reasonable for their implementation.
- To provide You with news, special offers and general information about other goods, services and events which we offer that are similar to those that you have already purchased or enquired about unless You have opted not to receive such information.
- To manage Your requests: To attend and manage Your requests to Us.
We may share your personal information in the following situations:
- With Service Providers: We may share Your personal information with Service Providers to monitor and analyze the use of our Service, to show advertisements to You to help support and maintain Our Service, to contact You, to advertise on third party websites to You after You visited our Service or for payment processing.
- For Business transfers: We may share or transfer Your personal information in connection with, or during negotiations of, any merger, sale of Company assets, financing, or acquisition of all or a portion of our business to another company.
- With Business partners: We may share Your information with Our business partners to offer You certain products, services or promotions.
- With other users: when You share personal information or otherwise interact in the public areas with other users, such information may be viewed by all users and may be publicly distributed outside. If You interact with other users or register through a Third-Party Social Media Service, Your contacts on the Third-Party Social Media Service may see You name, profile, pictures and description of Your activity. Similarly, other users will be able to view descriptions of Your activity, communicate with You and view Your profile.
Retention of Your Personal Data
The Company will also retain Usage Data for internal analysis purposes. Usage Data is generally retained for a shorter period of time, except when this data is used to strengthen the security or to improve the functionality of Our Service, or We are legally obligated to retain this data for longer time periods.
Transfer of Your Personal Data
Your information, including Personal Data, is processed at the Company’s operating offices and in any other places where the parties involved in the processing are located. It means that this information may be transferred to — and maintained on — computers located outside of Your state, province, country or other governmental jurisdiction where the data protection laws may differ than those from Your jurisdiction.
Disclosure of Your Personal Data
Under certain circumstances, the Company may be required to disclose Your Personal Data if required to do so by law or in response to valid requests by public authorities (e.g. a court or a government agency).
Other legal requirements
The Company may disclose Your Personal Data in the good faith belief that such action is necessary to:
- Comply with a legal obligation
- Protect and defend the rights or property of the Company
- Prevent or investigate possible wrongdoing in connection with the Service
- Protect the personal safety of Users of the Service or the public
- Protect against legal liability
Security of Your Personal Data
The security of Your Personal Data is important to Us, but remember that no method of transmission over the Internet, or method of electronic storage is 100% secure. While We strive to use commercially acceptable means to protect Your Personal Data, We cannot guarantee its absolute security.
Our Service does not address anyone under the age of 13. We do not knowingly collect personally identifiable information from anyone under the age of 13. If You are a parent or guardian and You are aware that Your child has provided Us with Personal Data, please contact Us. If We become aware that We have collected Personal Data from anyone under the age of 13 without verification of parental consent, We take steps to remove that information from Our servers.
We also may limit how We collect, use, and store some of the information of Users between 13 and 18 years old. In some cases, this means We will be unable to provide certain functionality of the Service to these users.
If We need to rely on consent as a legal basis for processing Your information and Your country requires consent from a parent, We may require Your parent’s consent before We collect and use that information.
Links to Other Websites
We have no control over and assume no responsibility for the content, privacy policies or practices of any third party sites or services.
- By email: firstname.lastname@example.org
HIPAA PRIVACY PROGRAM POLICY/PROCEDURE FOR PRIVACY OFFICER
To comply with the Administrative Safeguards of HIPAA Privacy, to secure and maintain the confidentiality of Protected Health Information, maintain sensitive organizational information at Progressive Healthcare Systems, Inc. and prevent and detect inappropriate and illegal uses and disclosures.
Progressive Healthcare Systems, Inc. shall be responsible for implementation of the administrative requirements under the Federal HIPAA Privacy Rule.
Progressive Healthcare Systems, Inc. will designate a privacy official to be responsible for the development and implementation of the policies and procedures of Progressive Healthcare Systems, Inc..
- HIPAA: Health Insurance Portability and Accountability Act of 1996.
- Individually Identifiable Health Information (IIHI): Under Section 160.103 of HIPAA, IIHI is defined as information that is a subset of health information, including demographic information collected from an individual, and:
- Is created or received by a health care provider, health plan, employer, or health care clearinghouse.
- Relates to the past, present, or future physical or mental health or condition of an individual; the provision of health care to an individual; or the past, present, or future payment for the provision of health care to an individual.
- That identifies the individual.
- With respect to which there is a reasonable basis to believe the information can be used to identify the individual.
- IIHI includes identifiers of the patient, relatives, employers, or household members such as the following (§164.514):
- Geographic subdivisions smaller than a State, including street address, city, county, precinct, zip code (except for the initial 3 digits of a zip code if, according to the current publicly available data from the Bureaus of the Census all zip codes with the same 3 initial digits contains more than 20,000 people).
- All elements of dates (except year) directly related to an individual, including birth date, admission date, discharge date, date of death, all ages over 89 and all elements of dates indicative of such age, except that such ages and elements may be aggregated into a single category of age 90 or older.
- Telephone numbers.
- Fax numbers.
- Email addresses.
- Social security numbers.
- Medical record numbers.
- Health plan beneficiary numbers.
- Account numbers.
- Certificate/license numbers.
- Vehicle identifiers and serial numbers, including license plate numbers.
- Device identifiers and serial numbers.
- Biometric identifiers, including finger and voice prints.
- Full face photographic images and any comparable images.
- Any other unique identifying number, characteristic, or code.
- Protected Health Information (PHI): Under Section 164.501 of HIPAA, PHI means IIHI that is transmitted and maintained in electronic media or in any other form or medium.
- Designated Record Set: In compliance with §164.524 contained within the Privacy Rule of the Administrative Simplification provisions of HIPAA, Progressive Healthcare Systems, Inc. maintains a designated record set (DRS). The designated record set includes medical and billing records that patients and/or their personal representatives have the right to access, inspect, and copy. Records include any item, collection, or grouping of information that includes PHI and is maintained, collected, used, or disseminated by or for a provider (§164.501).
- Individual: For purposes of HIPAA, an individual is the patient and his/her legal Personal Representative (§164.502(g)).
- Personal Representative: A person, who under law, has the authority to act on behalf of a patient in making decisions related to health care (i.e. a parent, guardian, or legal custodian). Personal Representatives may have access to and/or request amendment of PHI relevant to their representative capacity unless there is a reasonable belief that the patient has been or may be subjected to domestic violence, abuse, or neglect by such person, the release could endanger the patient, or in the exercise of professional judgment it is decided that it is not in the best interest of the patient to treat the person as the patient’s personal representative [§164.502(g)].
- Treatment: The provision, coordination, or management of health care and related services, including the coordination or management of health care by a health care provider with a third party; consultation between health care providers relating to a patient; or the referral of a patient for health care from one health care provider to another (§164.501).
- Payment: Activities undertaken by Progressive Healthcare Systems, Inc. to obtain or provide reimbursement for the provision of health care. Activities for payment include eligibility of coverage determination, billing, claims management, collection activities, utilization review including precertification, preauthorization, concurrent, and retrospective review of services, and specified disclosures to consumer reporting agencies (§164.501).
- Health Care Operations: Quality assessment and improvement activities; reviewing the competence, qualifications, performance of health care professionals, conducting training programs, accreditation, certification, licensing, credentialing, underwriting, premium rating, and other activities relating to the creation, renewal, or replacement of a contract of health insurance or health benefits; conducting or arranging for medical review, legal services, and audition functions; business planning and development; business management (§164.501).
- Provider: Under Section 160.103 of HIPAA, a provider of medical or health services (as defined in section 1861(u) of the Act, 42 U.S.C. 1395x(u) and 1861(s) of the Act, 42 U.S.C. 1395x(s)) and any other person or organization who furnishes, bills, or is paid for health care in the normal course of business. Providers are those contracted, subcontracted, or employed by Progressive Healthcare Systems, Inc. who provide services on behalf of Progressive Healthcare Systems, Inc..
- Progressive Healthcare Systems, Inc. is committed to complying with the HIPAA Privacy Rule and maintaining the confidentiality of patients’ PHI through appropriate, authorized access, uses, and disclosures.
- Progressive Healthcare Systems, Inc. and its business affiliates create, store, maintain, use, transmit, collect and disseminate PHI in an environment that promotes confidentiality and integrity without compromising PHI.
- Confidentiality policies and procedures are reinforced throughout Progressive Healthcare Systems, Inc. and followed by all physicians, employees, and business associates.
- The CTO oversees the HIPAA Privacy program.
- The CTO is responsible for the following functions which support compliance with the HIPAA Privacy Rule, patient confidentiality, access laws and Progressive Healthcare Systems, Inc. policies and procedures pertaining to them:
- Maintain working knowledge of legislative and regulatory initiatives. Interpret and translate requirements for implementation.
- Establish and maintain written policies and procedures that place appropriate administrative, technical, and physical safeguards to protect the privacy of PHI from intentional or unintentional uses and disclosures.
- Update policies and procedures as necessary and appropriate, and in compliance with Progressive Healthcare Systems, Inc. Notice of Privacy Practices, to comply with changes in the law.
- Make necessary changes to Progressive Healthcare Systems, Inc. Notice of Privacy Practices.
- Maintain policies and procedures (including any changes made) in written or electronic form for six years from the date of its creation or the date when it last was in effect, whichever is later.
- Make all reasonable efforts to limit incidental uses and disclosures.
- Provide training, for anyone coming into contact with PHI, on the established policies and procedures as necessary and appropriate to carry out their job functions and document the training provided.
- To each employee by no later than the compliance date for Progressive Healthcare Systems, Inc..
- To new employees during their first month of employment.
- To existing employees annually.
- To existing employees whose functions are affected by a change in the policies and procedures, within a month after the change comes into effect.
- Maintain a program encouraging employees and patients to report complaints concerning compliance of the law and Progressive Healthcare Systems, Inc. policies and procedures to CTO.
- Promptly and properly investigate and address reported violations, taking steps to prevent recurrence.
- Document all complaints and follow up documentation [§164.530(d)(2)].
- Assure there will be no intimidation, threats, coercion, discrimination against, or any other retaliatory action as a consequence to anyone who makes reports or participates in an investigation of violations in good faith [§164.530(g)].
- Mitigate, to the extent practicable, any harmful effect that is known to the Progressive Healthcare Systems, Inc. of a use or disclosure of PHI in violation of its policies and procedures or the requirements of the law by Progressive Healthcare Systems, Inc. or its business associate [§164.530(f)].
- Consistently enforce the law and Progressive Healthcare Systems, Inc. policies and procedures through appropriate disciplinary mechanisms [§164.530(e)].
- Document and file all actions taken against employees who failed to comply with the policies and procedures [§164.530(e)(2)].
- Monitor, audit, and reinforce compliance with the law and Progressive Healthcare Systems, Inc. policies and procedures.
- Cooperate with the Office of Civil Rights, other legal entities, and organization officers in any compliance reviews or investigations.
- Provide assistance to patients and employees about the law and Progressive Healthcare Systems, Inc. policies and procedures [§164.530(a)(1)(ii)].
- Ensure that there are no attempts to require individuals to waive their legal rights as a condition of the provision of treatment or payment [§164.530(h)].
- Implement, Distribute and Maintain the Notice of Privacy Practices [§164.520(a-e)].
- Maintain a copy of the Notice (including changes made) for six years from the date when it was last in effect.
- Update the Notice to reflect changes in the law or Progressive Healthcare Systems, Inc. policies and procedures.
- Distribute the Notice.
- Direct questions regarding the Notice to CTO.
- Progressive Healthcare Systems, Inc. will implement, monitor and maintain Business Associate Agreements with affiliate business entities when required by law.
- All documentation related to and/or required by HIPAA, including but not limited to compliance enforcement activities such as training, policies and procedures, complaint investigations, designated record sets, etc. are maintained for six years from the date of creation, or the date it was last in effect, whichever is later [§164.530(j)]. Documentation may be maintained in written or electronic form [§164.530(j)(1)(ii)].
- QUESTIONS OR SUGGESTIONS