Privacy Policy

This Privacy Policy governs your use of PrivateEyeHC, a software application (“Application”) created by MyMobile ER, LLC (“Company,” “we” or “us”). The Application includes a method for viewing medical images and mechanisms for users to upload images to the cloud database and to share such medical images with other users. We are committed to protecting the privacy and security of your Personal User Information, User-Provided Case Information, Optional User Provided Information, and Automatically Collected Information (collectively, “Application Data” and individually defined herein).

We have prepared this Privacy Policy to explain how we collect, use, protect, and disclose your Personal User Information, User Provided Case Information, Optional User Provided Information, and Automatically Collected Information when you use the Application. If you do not consent to this Privacy Policy, please discontinue use of the Application.

INFORMATION WE COLLECT

  1. PERSONAL USER INFORMATION

    When you provide your third-party account credentials to us via a single sign-on integration or otherwise sign in to the Application through a third-party site or service, you understand some content and/or information in those accounts (“Third Party Account Information”) may be transmitted into your account with us if you authorize such transmissions, and that Third Party Account Information transmitted to our Application is covered by this Privacy Policy.

    This Third Party Account Information will include information that personally identifies you, such as your name, e-mail addresses, username, specialty, organization affiliation, location, copy of government issued identification, copy of medical or professional license, photo of employee or student photo identification card, and other information that you provide to us or that you include in any Application profile or account (“Personal User Information”). You are not required to provide Personal User Information. However, if you choose not to provide the requested information, you may not be able to access the Application or use certain features of the Application. We may use your Personal User Information for internal marketing purposes. No Personal User Information will be provided to a third party without your permission.

    We make reasonable efforts to ensure security on our systems. Despite our efforts, we cannot guarantee that Personal User Information may not be accessed, disclosed, altered or destroyed by breach of our administrative, managerial and technical safeguards. Therefore, we urge you to take adequate precautions to protect your personal data as well, including never sharing your password, PIN or biometric access with anyone. It is incumbent on you to maintain the most up-to-date operating systems and patches on your personal device. Failure to do so may compromise account security and may invalidate account access.

    You are solely responsible for (1) maintaining the strict confidentiality of your Personal User Information, (2) not allowing another person to use your Personal User Information to access the Application, (3) any and all damages or losses that may be incurred or suffered as a result of any activities that occur under your Personal User Information. You agree to immediately notify the Company in writing by email to info@mymobilehc.com of any unauthorized use of you Personal User Information or any other breach of security. The Company is not and shall not be liable for any harm arising from or relating to the theft of your Personal User Information, your disclosure of your Personal User Information, or the use of your Personal User Information by another person or entity.

  2. USER-PROVIDED CASE INFORMATION

    When you use the Application, you may upload and share images, create image captions and tags, and answer medical and non-medical questions. We will store, on our server, your uploaded images, image captions, date created, number of times the image tag is used, common variations of image tags (such as misspellings) and information on whether the tag appears in searches.

    When you use the Application, you may provide comments. We will store your comments, the date of comments and the username connected to the comments.

    When you use the Application, you may “favorite” images for easy reference later. We will store which images on the Application you have “favorited,” as well as the date favorited and the username connected to the image favorited.

    When you use the Application, you may tag images provided by other users (e.g., to indicate that identifiable information may have been improperly included in an image, caption, or comment). We will store the images that you tag, the subcategory of the tagged image, the date tagged and the username referenced to the tagged image until or unless the image is deleted.

    We will also store the date your account was created, the Application version, and the last login date.

    The informational elements, listed above, shall be referred to as “User-Provided Case Information.” No User-Provided Case Information will be provided to a third-party. All User-Provided Case Information that you generate in the Application must comply with local, state, and federal privacy legislation and best practices. All User-Provided Case Information generated or provided in the Application is subject to the Health Insurance Portability and Accountability Act of 1996 (HIPAA). WE PRESUME YOU HAVE OBTAINED ADEQUATE PATIENT CONSENT, (VERBAL AND/OR WRITTEN) ACCORDING TO THE RULES OF YOUR INSTITUTION. WHERE PATIENT CONSENT IS NOT REQUIRED, WE PRESUME ALL REQUIRED CONSENTS HAVE BEEN OBTAINED.

  3. OPTIONAL USER PROVIDED INFORMATION

    We may survey or solicit comments and opinions from our users. You have the option to respond to our inquiries. If you choose to respond, your answers will be used to learn more about healthcare, to help improve your experience on the Application, and for other Company purposes. We only store this information in the aggregate with the exception of comments, which will be linked to your user profile.

    When using the photo-sharing feature, you will have the option to allow colleagues to find you and to sync your mobile device’s contacts to find people you know on the Application. If you choose to do this, the Application will access the entire address book on your mobile device and sync it to the Application. The Company uses a secure one-way hash to protect the emails and phone numbers in your contacts.

    These optional elements shall be referred to as “Optional User-Provided Case Information.” No Optional User Provided Information stored on our server will be provided to a third-party.

  4. AUTOMATICALLY COLLECTED INFORMATION

    The Application may collect certain information automatically, such as the type of mobile device you use, the IP address of your mobile device, your mobile operating system and information about the way you use the Application in order to improve the Application and deliver the services (the “Automatically Collected Information”).

    No Automatically Collected Information stored on our server will be accessible by third parties. However, we may use Automatically Collected Information to contact you from time to time to provide you with important information, push notifications and marketing promotions. You will be given the option to opt-out of these notifications.

  5. OPT OUT RIGHTS

    You can opt out of sharing your Application Data with us by uninstalling the Application. You may use the standard uninstall processes as may be available as part of your mobile device or via the mobile application marketplace or network.

    You may also delete your account by going to your profile and tapping and holding the “Logout” button. You will be asked to confirm that you would like to delete your account. If you confirm, your profile information will be automatically deleted from the Company server. Your images and comments will be deleted and no longer accessible or viewable publicly. For medical and legal purposes, the Company will maintain an archived copy of all images and comments on its server. However, we cannot guarantee that we will be able to recall and delete images that you have provided to third parties, such as medical journals or medical education websites.

    The Application will not allow you to opt out of any announcements and messages related to the implementation of this Policy and your obligations thereunder. As such, should your uploaded images, image captions, or comments violate the Terms of Service, you will receive messages from the Company notifying you of a potential privacy violation associated with this content.

    COOKIES

    Like most websites, the Application uses cookies and web log files to track site usage. A cookie is a tiny data file which resides on your computer which allows the Application to recognize you as a User when you return to the Application website using the same computer and web browser. Like the information you enter at registration or when you update your profile, cookie and log file data is used to customize your experience on our website. One type of cookie, known as a “persistent” cookie, is set once you’ve logged in to your account. The next time you visit the Application, the persistent cookie will allow us to recognize you as an existing User so you will not need to log in before using the service. However, if you log out of the Application you will need to re-enter your password the next time you visit in order to log in to your account. We use cookies to improve the quality of our service by storing user preferences and tracking user trends. Most browsers are initially set up to accept cookies, but you can reset your browser to refuse all cookies or to indicate when a cookie is being sent.

    DATA RETENTION POLICY, MANAGING YOUR INFORMATION

    We will retain User Provided Information for as long as you use the Application, and will delete it if you delete your account, which can be done by tapping and holding the "Logout" button on the settings page within the profile tab in the Application or by contacting us via info@mymobilehc.com. You will be asked to confirm that you would like to delete your account. If you confirm, your profile information will be automatically deleted from the Company server. Your images and comments will be anonymized and attributed to "Healthcare Professional." However, we cannot guarantee, that we will be able to recall and delete images that have been provided to third parties, such as medical journals or medical education websites.

    If you contact the Company to delete your account, the change will be processed within seven (7) calendar days.

    SECURITY

    We are concerned about safeguarding the confidentiality of your Application Data. We employ appropriate security measures to protect your information from unauthorized access, alteration, disclosure, or destruction. Please be advised, however, that, although we will strive to take reasonable precautions to safeguard and maintain security of your Application Data, we cannot guarantee or warrant the security of any information you disclose or transmit to us online and are not responsible for the theft, destruction or inadvertent disclosure of your information.

    Therefore, we urge you to take adequate precautions to protect your personal data as well, including never sharing your password, PIN or biometric access with anyone. It is incumbent on you to maintain the most up-to-date operating systems and patches on your personal device. Failure to do so may compromise account security and may invalidate account access. Please refer to the Terms of Service for more details about the Company’s and your obligations with respect to the proper use of the Application and notification obligations thereunder.

    In the event of a security breach, you agree to immediately notify the Company in writing by email to info@mymobilehc.com any unauthorized use of your Application Data or any other breach of security.

    CHANGES

    This Privacy Policy may be updated from time to time for any reason. Each time you use the Application, the most current version of the Privacy Policy will apply. We will notify you of any changes to our Privacy Policy by posting the new Privacy Policy here. You are advised to consult this Privacy Policy regularly for any changes. Unless stated otherwise, the most current version of the Privacy Policy applies to all information that we have about you. We will not materially change our policies and practices to make them less protective of your privacy without the consent of affected users.

    CONSENT

    By using the Application, you are consenting to our processing of your Application Data as set forth in this Privacy Policy now and as amended by us. “Processing” means using cookies on a computer/hand held device or using or touching information in any way, including, but not limited to, collecting, storing, deleting, using, combining, and disclosing information.

    CONTACT US

    If you have any questions about this Privacy Policy or wish to make a complaint about our handling of your personal data, please contact us via email or anonymously here. We will make every effort to investigate and respond to your complaint in a timely way. Any and all good-faith disclosures of privacy concerns under this Policy will not be used to restrict or prohibit you from continuing to use the Application to the extent permitted by law.

    However, disclosure of any unlawful practices implicating the Privacy Policy to the Company does not release you from your obligations to notify local, national, provincial, state, and federal authorities of any violation of law related to your use of the Application.

    LEGAL DISCLAIMER

    We may need to disclose Application Data when required by law, such as responses to civil or criminal subpoenas, or other requests by law enforcement personnel. We will disclose such information when we have a good-faith belief that it is necessary to comply with a court order, ongoing judicial proceeding, subpoena, or other legal process or request to the Company brought in any country throughout the world, or to exercise our legal rights or defend against legal claims. The laws and regulations in different countries impose different (and even conflicting) requirements on the internet and data protection. All matters relating to this site are governed by the laws of the Commonwealth of Pennsylvania in the United States of America. If you are located outside the USA, including in the European Economic Area, and you contact us, please note that any information you provide will be transferred to the USA and by submitting the information you authorize this transfer and understand that the information you provide will be protected as provided under U.S. law, not the law of your home country.

    SERVICE DISCLAIMER

    We provide the platform for the Application and all information and services on an “as is” and “available” basis. We will use our best efforts to verify Personal User Information. We do not control or vet User Provided Case Information, Optional User Provided Information, and Automatically Collected Information. In any event, we do not provide any express warranties or representations.

    To the fullest extend permissible under applicable law, we disclaim any and all implied warranties and representations, including, without limitation, any warranties of merchantability, fitness for a particular purpose, title, accuracy of data, and noninfringement. If you are dissatisfied or harmed by the Application or anything related thereto, you delete your account and such deletion shall be your sole and exclusive remedy.

    NOTICE TO CALIFORNIA RESIDENTS

    If you are a California resident, California Civil Code Section 1798.83 permits you to request information regarding the disclosure of your personal information by us to third parties for the third parties’ direct marketing purposes. With respect to these entities, this Policy applies only to their activities within the State of California. To make such a request, please send an email to info@mymobilehc.com or write us at:

    MyMobile ER, LLC
    2255 Montrose Street
    Philadelphia, PA 19146

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