PRIVACY POLICY
This
Privacy Policy sets out the privacy practices and policies of Mediary, Inc.
(“Mediary,” “our,” “we,” and “us”) in connection with information, data,
documentation, and any other materials relating to or about you (the
“Content”), collected, stored, transmitted or maintained by you or Mediary in
connection with your use of or interaction with any website maintained or
operated by Mediary (the “Website”) and our services delivered through mobile,
web, or other applications (the “App” together with the Website, the
“Service”).
Mediary
may change this Privacy Policy at any time and without advance notice to
reflect changes or developments in the Service or our business. If you use the Service, you should check the
Website or the App periodically for changes to this Privacy Policy. Even though it is your responsibility to
check for changes, we will use reasonable efforts to post a notice when changes
are made, but will not always be able to post such a notice. If you continue to use the Service, your
continued use will represent your acceptance of any changes that we may make,
whether or not we posted an advance notice about the changes.
This
Privacy Policy does not apply to your Content when it is in your possession,
nor does this Privacy Policy cover your Content that may be displayed or
visible on any device that you use to access the Service. Content in your possession is your sole
responsibility and we will not be liable for any use or compromise of your
Content when it is in your possession or control.
Mediary
may collect both Personal and Non-Personal Information about you. We will only collect the information
necessary for our legitimate business purposes, and we maintain appropriate safeguards
to ensure the security, integrity, and privacy of the information that we
collect.
Mediary
will retain your Content, Personal Information, and Non-Personal Information
for as long as you use the Service and/or until you ask for your Content and/or
Personal Information to be deleted.
While we will do our best to honor a request for deletion, we may be
required to retain and use your Content and/or Personal Information as
necessary to comply with legal, regulatory, and contractual obligations applicable
to our operations, to resolve disputes, and to enforce our agreements. You acknowledge that if your Content and/or
Personal Information is provided to third parties it is outside of Mediary’
control and will be subject to each applicable third party’s policies covering
privacy and use.
When
you use the Service, we may collect what is broadly called “personally
identifiable information,” or “Personal Information.” Personal Information is information that
specifically identifies you or another individual. Examples of Personal Information include
name, email address, mailing address, phone number, date of birth, geographic
area when any such information is linked to information that identifies a
specific individual, or gender. The
Personal Information collected could also include “Protected Health
Information” as defined by the Health Insurance Portability and Accountability
Act of 1996 and its implementing regulations, as each may be amended from time
to time (“HIPAA”). If Personal Health
Information is collected, we will use Protected Health Information only as
permitted by HIPAA and/or as explained in this Privacy Policy, if such use is
consistent with HIPAA. You are
responsible for complying with HIPAA when Protected Health Information is in
your possession or under your control, to the extent HIPAA applies to you.
The
Service may utilize IP address, other sensors such as nearby devices, Wi-Fi
access points or cell towers, or other similar geolocation technology in order
to determine your current location, if enabled or necessary for use of the
Service.
The
Service may collect certain information automatically, including but not
limited to: (i) the type of mobile device that you use, (ii) the unique device
identification number of your mobile device, (iii) your mobile device’s IP
address, (iv) the type of operating system running in your mobile device, (v)
the type of internet browser that you utilize, (vi) information about your
usage of the Service, and (vii) identifying information about other devices
that you connect to the Service.
By
submitting your Content and Personal Information to us and by using the
Service, you consent to our use of your Content and Personal Information as
described in this Privacy Policy. If you
do not consent, you should not register with Mediary and you should not use the
Service. Ultimately, we respect that you
own, control, and determine how to share your Content and Personal Information.
We
may collect certain information that does not identify you and would not
reasonably be expected to identify you, which is broadly referred to as
“Non-Personal Information.”
Non-Personal
Information about site visits is recorded by the standard operation of the
Website, including but not limited to (i) IP address, (ii) domain server, (iii)
type of device(s) used to access the Service, (iv) web browser(s) used to
access the Service, (v) referring webpage or other source through which you
accessed the Service, (vi) geolocation information, and (vii) other statistics
and information associated with the interaction between your browser or device
and the Service. Non-Personal
Information may be used to improve the design and content of the Service or to
personalize your experience.
Additional
types of Non-Personal Information that we do or may collect are:
Mediary
may use cookies on its Website to make your experience easy and
meaningful. Cookies can also enable
certain technical operations. Cookies
are files that web browsers place in a device’s memory and are used to tell us
whether users and visitors have previously visited our Site. Cookies can come in two general categories:
(i) first party cookies that are served directly by Mediary to your device or
(ii) third party cookies that are served to your device by a third party on our
behalf. You may be able to refuse
cookies in the settings of your web browser, but it is possible that certain
features of the Service may not work if you delete or disable cookies or other
tracking tools. Usage of a cookie is not
linked to any personally identifiable information while on the Website.
These
cookies are used when you use a social media sharing button, you link your
account, or engage with our content on or through a social networking site such
as Facebook, Twitter, or LinkedIn. The
social network will record that you have taken this action. This information may be linked to targeting
and/or advertising activities.
“Web
Beacons” (a.k.a. clear GIFs or pixel tags) are tiny graphic image files
embedded in a web page or email that may be used to collect anonymous
information about your use of our Service, the websites of selected advertisers
and the emails, newsletters, or special promotions that we send you. The information collected by Web Beacons
allows us to analyze how many people are using the Service, opening our emails,
and for what purpose, and also allows us to make enhancements.
We
may use third-party website analytics services in connection with the Service,
including, for example, to register mouse clicks, mouse movements, scrolling
activity, and text that you type into the Site.
These website analytics services generally do not collect Personal
Information unless you voluntarily provide it and generally do not track your
browsing habits across websites that do not use their services. We may use Google Analytics to provide such
analytics services. To the extent that
we use Google Analytics and you would like to opt out of tracking by Google
Analytics, you can do that here.
Mobile
device identifiers are data stored on your mobile device that may track mobile
device and data and activities occurring on and through it, as well as the
applications installed on it. Mobile
device identifiers enable collection of Personal Information (such as media
access control, address and location) and non-personally identifiable
information. Mobile device identifiers
help Mediary learn more about our users’ demographics and internet behaviors.
Like
many standard website servers, our web servers use log files. Log files include internet protocol (IP)
addresses, browser type, internet service provider (ISP), referring/exit pages,
platform type, date/time stamp and number of clicks. Log files are used to analyze trends,
administer the site, track aggregated users' movement and gather broad
demographic information. The information
collected through the log files is not linked to personally identifiable
information.
We
may use the Content, Personal Information, and/or Non-Personal Information to
(i) provide the Service to you, (ii) personalize your use of the Service, (iii)
communicate with you and respond to your requests, and related activities, (iv)
improve or enhance the Service, and (v) fulfill our contractual obligations to
your healthcare team’s organization. In
engaging in any of the described uses, we may de-identify your Content,
Personal Information, or Non-Personal Information. We reserve the right to retain the
de-identified information. To the extent
that we may send promotional communications, you can opt-out of receiving
promotional communications by following the unsubscribe instructions contained
in a promotional communication.
We
may release your Content when we believe release is appropriate to (i) comply
with applicable laws; (ii) enforce an agreement with Mediary; or (iii) protect
the rights, property, or safety of Mediary, our users, or others. A potential use may include exchanging Content,
Personal Information, and/or Non-Personal Information with other companies and
organizations for fraud protection. Even
though we will release your Content when required, we will evaluate each
request and take reasonable steps to block a request that seeks sensitive
information or could be used for purposes detrimental to you.
Mediary
does not sell your Content or Personal Information (whether or not
de-identified) to any third parties, except as may be consented to or directed
by you or as clearly set forth in this Privacy Policy, or other terms governing
use of the Service. If we use any
subcontractors, each subcontractor that may be given access to your Content
will be contractually obligated to maintain the confidentiality and privacy of
all Content accessed, used, or stored.
As
we continue to develop our business, we might sell or buy assets or engage in
other strategic transactions. In such transactions, your Content may be
transferred to: (i) a parent or subsidiary, (ii) an acquirer of our assets or
equity, or (iii) a successor by merger.
We
implement industry standard security measures to help protect against the loss,
misuse, and/or alteration of the data under our control. The security measures include system and
network components as well as application components. When the Website is accessed using a
compatible internet browser, Secure Socket Layer (SSL) technology protects
information using both server authentication and data encryption to help ensure
that the data are safe, secure, and available only to you.
Although
we use good faith efforts to store data under our control in a secure operating
environment that is not open to the public, we do not and cannot absolutely
guarantee the security of your data. If
we become aware that your data have been disclosed in a manner inconsistent
with this Privacy Policy, we will use reasonable efforts to notify you of the
nature and extent of the disclosure (to the extent we know that information) as
soon as reasonably possible. The
notification will be as permitted or required by law. Our notification could be delayed by our
contractual obligations, advice of counsel, or law enforcement requirements.
Users
who have provided contact information to us, such as email, may occasionally
receive email updates or information from Mediary. In order to respect our customers’ privacy,
we present the option to decline these types of communications.
If
you provide your cellphone number, you consent to receive text messages from
Mediary. You may choose not to receive
text messages even if you previously provided your cellphone number because it
is not necessary to accept text messages to use the Service. Text and data rates from your mobile carrier
may apply when you agree to receive text messages and you should check your mobile
plan or with your carrier to confirm the rates if you have any questions. If necessary, we might share your cellphone
number with a third party service provider solely to enable the sending of the
text message. We will not share your
cellphone number with a third party for marketing purposes without getting your
consent first.
Users
who no longer wish to receive e-mail communications or other information from
Mediary may opt-out of receiving these communications by emailing us at [what email should be used?]
using "unsubscribe" in the subject line or following the
“unsubscribe” link in an email. Users
who longer wish to receive text messages can text STOP in response to any text
message or email us at [what
email should be used?] with a request to no longer receive text
messages.
If
you would like us to remove and/or modify your Personal Information and/or
Non-Personal Information, you may make such a request by sending an e-mail to [what email should be used?]
or selecting the appropriate option in the App.
If you request deletion of your Account, we may retain some information
in our records after deletion of your Account, including but not limited to any
information or records that we are legally obligated to retain. For a more complete explanation of potential
retention requirements, please go back to the “What Information Does Mediary
Collect and How are the Data Used?” section in this Privacy Policy. If you request modification of your
information, we will review your request and determine if modification is
required or permissible. Additionally,
it may be possible for you to modify your own information by logging into your
Account. We will process your request
within a reasonable time, if the request is for data that we control.
To
the extent Mediary and the offering of the Service are subject to any
requirements of the Health Insurance Portability and Accountability Act and its
implementing regulations, as all may be amended from time to time (“HIPAA”), we
comply with those HIPAA requirements.
However, not every circumstance or use relating to the Service or our
operations is subject to HIPAA. Even
where HIPAA does not apply, we abide by the terms of this Privacy Policy and
respect your rights.
Except
as set out in the Terms of Use, do not use or access any part of the Service if
you are under 18 years of age. If you
are a parent or guardian and discover that your child under 18 years of age has
created an account on the Service, then you may alert us at [what email should be used?],
and we can take action to prevent access.
The
Service is hosted in the United States and intended for use solely by
individuals in the United States.
Mediary does not currently direct its service outside of the United
States and does not monitor where you might be located. If you choose to use the Service from the
European Union or other regions of the world with laws governing data
collection and use that may differ from United States law, then please note
that you are transferring your Personal Information outside of those regions to
the United States for storage and processing.
Unless specifically stated, Mediary does not direct the Service into any
country outside of the United States.
The
Service may contain links to other sites.
Please be aware that Mediary is not responsible for the privacy
practices of any other website or the policies, content, and practices of other
websites. To the extent you visit a
third-party site accessible through the Service, we encourage you to read the
privacy policies of each and every website as those third-party privacy
policies govern the collection and use of information provided when visiting
those sites. This Privacy Policy applies
solely to information collected by the Service.
From time to time, we may change the terms of this Privacy Policy. We will use reasonable efforts to notify you of changes by posting updated text in the Service. Your continued use of the Service after any revisions are made, whether we are able to provide advance notification or not, constitutes your acceptance of those changes.
To ensure that you are aware of current privacy practices, we recommend that you check this site periodically.
Any questions, comments, or concerns regarding our Privacy Policy should be
directed to the management team by emailing questions to info@mediary.tech.
Effective Date: May 16, 2024