Privacy Policy

Privacy Policy

Falkondata Privacy Policy 

Last updated: July 1, 2023 

IF YOU ARE EXPERIENCING A MEDICAL EMERGENCY, CALL 911 IMMEDIATELY. 

PLEASE READ THIS PRIVACY POLICY CAREFULLY BEFORE USING OUR SERVICES, OUR WEBSITE, OR OUR MOBILE APPLICATIONS. 

  1. INTRODUCTION 

1.1. At Falkondata, our mission is to transform healthcare communication, so every patient can receive great care. Privacy is very important to us, and we strive to be transparent in our collection and use of your information. 

1.2. This Privacy Policy (“Privacy Policy”) explains what information Falkondata and its affiliates (collectively, “Falkondata”) may collect from or about you, how we collect it, how we use it, who we share it with, and your choices related to your information. 

1.3. When we use terms like “Falkondata”, “we”, “our”, or “us”, we are talking about Falkondata and its affiliates. Also, when we talk about the “Services”, we are talking about all of our products and services, such as our websites (“Sites”), mobile applications (“Apps”), our reminder and other text messages services, provider collaboration portals, and patient communication tools. 

1.4. For certain information provided to us through some of Services, we have entered into agreements with our clients (health care providers or their firms, “Providers”) that govern our use of such information (the “Transaction Documents”). This Privacy Policy supplements the Transaction Documents. If you are a patient of a Provider, a visitor to one of our Sites, or otherwise accessing or interacting with any of the Services but are not doing so as a customer of ours under a Transaction Document, you are a user but not a customer of the Services (i.e., not a Provider), and some of the terms of this Privacy Policy won’t apply to you. Additionally, if you are a patient of a Provider, this Privacy Policy does not govern our use of Protected Health Information (as defined below) provided to us through the Services, including through patient use of the Falkondata App and web portal. Our use of such information is governed by the Transaction Documents with your Provider and applicable law, including without limitation HIPAA (as defined below). Your Provider’s collection, use, disclosure, and transfer of such information is governed, in turn, by your Provider’s terms and conditions and privacy practices between you and your Provider. Please submit all requests and questions related to your Protected Health Information directly to your Provider. 

1.5. By using the Services, you are consenting to our collection, use, disclosure, and transfer of your information as described in this Privacy Policy. This Privacy Policy is not a contract and does not create any contractual rights or obligations. 

  1. WHAT INFORMATION WE COLLECT 

When you access and use the Services, we may collect the following types of information from you: 

2.1. Personal Information: Information that can be used to identify, contact, or locate you or that relates to you. Examples include your name, address, email address, IP address, device information, telephone number, employer, medical specialty, profession, biometric information such as your voice print and recordings, provider profile photo, financial information, practice and business information, and other information you provide. Personal Information includes Location Information and may include Usage Data. Protected Health Information is not included in “Personal Information” as it is handled differently under HIPAA and other applicable laws. 

2.2. Location Information: Information that can be used to locate the device you use to access the Services. This includes (i) the location of the device derived from GPS or Wi-Fi use, (ii) the IP address of the device or internet service used to access the Services, and (iii) any other information you or others make available that indicates your current or prior location. 

2.3. Usage Data: Information automatically collected about your use of the Services and your device, such as your IP address; your device’s MAC address, web browser, operating system, device model and manufacturer; performance issues; or your activity on the Services. Usage Data is generally not Personal Information, but may be in some instances.

2.4. Protected Health Information: Individually identifiable health information protected by the Health Insurance Portability and Accountability Act of 1996 and its implementing regulations (“HIPAA”). 

  1. HOW WE COLLECT YOUR INFORMATION 

3.1. We collect the information you give to us, such as when you: 

Contact us (e.g., to request a demo or support) 

Register with, apply for, access, or use the Services, including when you submit information on the Services or create a Provider profile Visit our offices 

Apply for employment 

Register for or attend webinars, conferences, or other events 

3.2. We automatically collect some information when you use the Services, such as Usage Data and when you enable the location services on your device when using the Services. If you do not want us to collect Location Information from your device, please disable the location setting(s) on your device or, if you are using an App, delete the App. Note that disabling the location setting on your device may affect certain features of the Services. 

3.3. With your consent, we may collect information from certain native applications on your device (such as your device’s camera, photo album, or microphone) to facilitate your use of certain features of the Services. You have the opportunity to grant or deny the App access to your photo album and other native applications. 

3.4. We may also obtain information about you from other sources, including the Internet and other publicly-available sources and databases, data aggregators, marketing companies, and other third parties. 

3.5. You are not required to provide us with any Personal Information that we request from you. However, failure to provide such information may limit what we are able to do for you. 

  1. HOW WE USE YOUR INFORMATION 

4.1. We may use your information for the following purposes: 

Provide You the Services and Fulfill Your Requests 

Provide Services to Our Providers 

Communicate with You 

Enhance Your Experience 

Improve the Services 

In the Event of a Business Transaction 

For Legal Purposes 

Sharing of Information 

4.2. We may link Usage Data to the Personal Information we have collected about you. If we link this Usage Data to your Personal Information, we will treat such linked Usage Data as Personal Information. 

4.3. We may also de-identify your information or aggregate your information with other users of the Services (“De-Identified Information”). This De-Identified Information is not Personal Information and may be used by us for any lawful purpose. 

  1. DATA COLLECTION TECHNOLOGIES 

5.1. We and our vendors use cookies, pixel tags, log files, and other technologies (collectively, “Data Collection Technologies”) to help us provide the Services, tailor our content, understand how users interact with the Services, identify which Services may interest you and inform you about such Services, advertise our Services, and enhance your online experience. The Data Collection Technologies include: 

Cookies: A cookie is a small file placed on your computer’s hard drive that collects and stores information about your equipment, preferences and browsing patterns.

Web Beacons: A web beacon (also referred to as clear gif, pixel tag or single-pixel gif) is a transparent graphic image used in tandem with cookies that enables us, our vendors, and our other business partners to record a user’s actions. 

User Experience and Support Products: We use third-party products that track user experiences using the Services to improve the Services and to provide support for the Services. 

Google Analytics: We use Google Analytics to help us understand how users engage with some of the Services. 

5.2. You can set your Internet browser settings to stop accepting new cookies, to receive notice when you receive a new cookie, to disable existing cookies, or to omit images (which will disable any pixel tags that may be included in them). Note that the opt-out will apply only to the browser that you are using when you elect to opt out of cookies. Please note, without cookies or pixel tags, you may not be able to take full advantage of all features of the Services. 

5.3. Some web browsers incorporate a “Do Not Track” feature (“DNT”) that signals to the websites that you visit that you do not want to have your online activity tracked. Many websites and applications, including the Services, do not respond to web browser DNT signals. 

5.4. We may use third-party service providers to serve advertisements on our behalf across the Internet. 

  1. HOW WE SHARE YOUR INFORMATION 

6.1. We may share your information (i) for the reasons we tell you when we collect it, in a Transaction Document, or in an authorization or consent, or (ii) in the following ways: 

At Your Direction: We may share your information with third parties when you direct us to. 

Internally: We may share your information internally (e.g., with our affiliates) in order to provide you the Services. With Our Customers: We may share your information with our customers when we provide the Services. With Our Service Providers or Contractors: We may share your information with our service providers or contractors that we use to provide the Services or that provide services to us. 

With Business Partners: We may share your information with our business partners in order to offer or provide you with the Services or our business partners’ products and services. 

In the Event of a Business Transaction: If we are exploring or go through a business transition or financial transaction, such as a merger, acquisition, divestiture, restructuring, reorganization, dissolution , bankruptcy, securities offering, or sale of all or a portion of our assets, we may disclose your information to a party or parties in connection with exploring or concluding such transaction. 

For Legal Purposes: We will disclose your information when we think it is necessary to investigate or prevent actual or expected fraud, criminal activity, injury or damage to us or others; when otherwise required by law, regulation, subpoena, court order, warrant or similar legal process; or if necessary to assert or protect our rights or assets. 

6.2. We may share De-Identified Information in all legally permissible ways. 

  1. YOUR CHOICES 

7.1. We encourage you to communicate your preferences to us about how we use your information. 

7.2. You may opt-out of receiving marketing communications from us by following the instructions included in such a communication or by emailing us at support@falkondata.com. Please allow us ten (10) business days from when the request was received to complete the removal. When unsubscribing from us by email, please include “UNSUBSCRIBE” in the subject line and the body of the message. If you opt out, we may still send you non-marketing communications, such as those about your account or our ongoing business relationship. Also note that opting out of marketing communications from Falkondata does not affect the communications patients receive from Providers. 

7.3. As noted above, some features of our Apps may require access to certain native applications on your mobile device, such as the camera and photo storage applications (e.g., to take and upload photos and videos). If you decide to use these features, your device will prompt for your permission to grant the App access to the native application and enable us to collect information. Note that you can revoke your consent to the App’s access to your camera, photos, and other applications by changing the settings on your device. 

7.4. Depending on your device settings, we may send promotional and non-promotional push notifications or alerts to your mobile device. You can deactivate these messages at any time by changing the notification settings on your mobile device or within our Apps.

7.5. Residents of certain states, such as California and Colorado, may have additional Personal Information rights and choices, as further described in the U.S. State Privacy Law Supplemental Notice. Please note, if you are a patient, Falkondata is not able to amend or delete Protected Health Information that is controlled by your healthcare provider. Please contact your healthcare provider to make a request regarding your medical record. 

  1. CHILDREN’S INFORMATION 

We prohibit users under 13 from using the Services. As such, we do not expect to collect information, including personal information as defined by the Children’s Online Privacy Protection Act, from children under the age of 13. If you are a parent or guardian of a child under the age of 13 and believe he or she has disclosed personal information to us, you may contact us at privacy@falkondata.com to request that we delete and stop use of that information. If we learn that we have received any information directly from a child under age 13 without first receiving his or her parent’s verified consent, we will use that information only to respond directly to that child (or his or her parent or legal guardian) to inform the child that he or she cannot use the Services. We will then subsequently delete that child’s information. 

  1. LINKS TO OTHER SITES 

The Services may contain links to other sites and other products and services that are not owned or controlled by us, including Providers’ practice websites. This Privacy Policy does not apply to information collected by any third party, including through any application or content (including advertising) that may link to, be embedded on, or otherwise accessible from or on our other Services. Please be aware that we are not responsible for the privacy practices or content of such other sites, products, and services. We encourage you to be aware when you leave our Sites or other Services. We encourage you to review the privacy policies of each and every third-party website (including Providers’ websites) that collects Personal information as their privacy policy may differ from ours. 

  1. PROTECTION OF YOUR INFORMATION 

The security of Personal Information is important to us. We use reasonable safeguards aimed to protect against unauthorized use, disclosure, alteration or destruction of the Personal Information we collect and maintain. Although we strive to protect your Personal Information, we can’t guarantee the security of any information you transmit to or from the Services or that unauthorized use, disclosure, alteration, or destruction or some other data breach will not occur. Please keep in mind, however, that no data transmitted over the Internet is 100% secure and any information disclosed online can potentially be collected and used by parties other than the intended recipient. 

  1. NOTE TO INTERNATIONAL VISITORS 

The Services are intended for use only in the United States of America. If you use the Services or contact us from outside of the United States of America, please be advised that (i) any information you provide to us or that we automatically collect will be transferred to the United States of America and (ii) by using the Services or submitting information, you explicitly authorize its transfer to and subsequent processing in the United States of America in accordance with this Privacy Policy. 

  1. CHANGES TO THIS PRIVACY POLICY 

We reserve the right to amend this Privacy Policy at any time and for any reason, in our sole discretion. Unless we say otherwise, changes will be effective upon the last updated date at the top of this Privacy Policy. Please check this Privacy Policy regularly to ensure that you are aware of any changes. We may try to notify you of material changes to this Privacy Policy, which if we do so may be by means such as by posting a notice directly on the Services, by sending an email notification (if you have provided your email address to us), or by other reasonable methods. In any event, your use of the Services after changes to this Privacy Policy means you have accepted the changes. If you do not agree with the changes, immediately stop using the Services. 

  1. CONTACTING US 

If you have any questions or comments about this Privacy Policy, please contact us by either: 

14.1. Emailing privacy@falkondata.com