Introduction

Digital Blue Solutions LLC (the “Company”) is committed to safeguarding the privacy of our customers and website visitors. As such, this Privacy Policy (“Privacy Policy”) covers the Company’s handling, use and disclosure of information collected from you through the website or other sources in the ordinary course of business. This Privacy Policy applies to information we collect or use in connection with any Company products, membership, features or services including through the Digital Clinical Assistant Platform (the “DCA”) (collectively “Services”).

Acceptance

You should review this policy carefully, and be sure you understand it, prior to using the website or otherwise providing any information to the Company in connection with its Services. Your use of the website, providing any information to the Company, or any other indication of your assent is deemed to be acceptance by you of this Privacy Policy. If you do not agree to this Privacy Policy, you should not use or otherwise provide any information to the Company and should immediately terminate your use of the website. For purposes of this Section, accessing the website only to review this Privacy Policy is not deemed to be use of the website.

Information

In this Privacy Policy, the following information is covered:

(a) “Analytical Information” means all Non-Personal Information obtained through the use of cookies, web beacons, Ad-IDs or other tracking technologies, local shared objects (used to store your preferences or display content) and server log files (used to track, among other things, (i) your search terms, (ii) your computer’s access date and time, browser, connection speed, Internet service provider, language, location, manufacturer, visit details, and operating system, and (iii) whether or not you opened e-mail messages and other electronic communications from the Company, and if you did, the times they were opened);

(c) “Collected Information” means all (i) Personal Information and (ii) Non-Personal Information;

(d) “Non-Personal Information” means all information collected by the Company, whether electronically or manually, through (i) the website, (ii) e-mail messages and other electronic communications that you may send to the Company, and (iii) other sources in the ordinary course of the Company’s business, that is not Personal Information (including, but not limited to, any Analytical Information);

(e) “Personal Information” means all information collected by the Company, whether electronically or manually, through (i) the website, (ii) e-mail messages and other electronic communications that you may send to the Company, and (iii) other sources in the ordinary course of the Company’s business, that relates to an individual and that identifies, or can be used in conjunction with other readily-accessible information to identify, such individual (including, but not limited to, name, e-mail address, physical address, phone number, protected health information, and human resource data relating to employees or applicants).

Collection of Information

Except for any Collected Information obtained automatically through the website and addressed below, no Collected Information is obtained from you, unless it is voluntarily provided.  For example, the Company collects the full name, email address, postal address, phone number, and other identification and contact data from its clients or from consumers who sign-up to receive information about the Company and its Services. Customers may provide information to the Company at the time of registering to use our Services, subscribing to our Service, posting material, responding to surveys and requesting further Services.

To the extent it becomes available, you may also provide information for publication or display (“Posted”) on public areas of websites you access through Company provided Services (collectively, “User Content”). Your User Content is Posted and transmitted to others at your own risk. Although you may set certain privacy settings for such information by logging into your account profile, please be aware that no security measures are perfect or impenetrable. Additionally, we cannot control the actions of third parties with whom you may choose to share your User Content. Therefore, we cannot and do not guarantee that your User Content will not be viewed by unauthorized persons.

Regardless of the method used to obtain Collected Information, the Company will only collect and retain Personal Information in a manner that is consistent with the purposes for which it is provided and the Company’s other legitimate business purposes (including, but not limited to, marketing). You are responsible for obtaining any approvals, authorizations, consents, permissions and permits that are required in connection with your providing the Company with any information (including, but not limited to, any information relating to a third party). In using some features of the Services, you may also be able to submit information about other people. Before you disclose to us the Personal Information of another person, you must obtain that person’s consent, and you hereby represent that you have obtained such consent from such person, to both the disclosure and the processing of that personal information in accordance with this Privacy Policy.

 

How We Use and Collect Analytical Information

Analytical Information is collected automatically through the website or other Company provided Services.  Analytical Information will only be used by the Company (a) to record your use of the website or services, (b) to diagnose problems with the website or services, (c) to improve the website or services and make them more useful to you and other users, (d) to monitor and analyze trends, usage, and activities in connection with the Services; (e) for marketing, advertising, administrative, analytical, research, optimization, and other purposes.; and (f) for other legitimate business purposes of the Company.  The Company will collect Analytical Information either directly or through third parties acting on its behalf.  For example, Google Analytics is one of the providers we use to collect Analytical Information.  These data analytics and online advertising providers may combine and use data collected through your use of the Site with data they collect over time and across different websites for their own purposes. You can learn about how Google collects and processes data at https://policies.google.com/technologies/partner-sites. You can learn about the controls Google offers to manage the collection and use of your information at https://policies.google.com/privacy.  We recommend that you review these other entities’ privacy policies or notices at the links provided above.

How We Use Other Collected Information 

All Collected Information may be used by the Company for any legitimate business purpose. If the Company expressly states in this Privacy Policy or in another writing that any Collected Information will only be used for a specific purpose, the Company will only use such Collected Information for such purpose, unless you subsequently consent to its being used for another purpose. Any rights of the parties under this Privacy Policy are, in all respects, subject to the business associate agreement, if any, entered into by and between the parties.

We may use your personal information to: (a) provide, operate, maintain, improve, and promote the Services, and any other information, products or services that you request from us; (b) enable you to access and use the Services, including uploading, downloading, collaborating and sharing content, photos, images, videos and information, with other users or third parties; (c) process, verify, and complete transactions, and send you related information, including purchase confirmations and invoices, to carry out our obligations and enforce our rights arising from any contracts entered into between you and us, including for billing, collection and enforcement, and to build a user database; (d) send transactional messages, including responding to your comments, questions, and requests; providing customer service and support; sending you technical notices, updates, security alerts, and support and administrative messages sending statements, invoices and payment reminders to you, and collecting payments from you; and, when we have location information, we use it to tailor our Services for you; (e) monitor and analyze trends, usage, and activities in connection with the Services and for marketing, advertising, administrative, analytical, research, optimization, and other purposes.; (f) investigate and prevent fraudulent transactions, unauthorized access to the Services, and other illegal activities; (g) personalize the Service’s content, features or advertisements; (h) verify compliance with the terms and conditions governing the use of the Services; and (i) comply with and enforce applicable legal requirements, relevant industry standards, contractual obligations and our policies.

Use of Aggregated and De-identified Information

Subject to applicable state and federal law, including HIPAA and the HITECH Act, and the regulations promulgated thereunder, we may license, sell, or otherwise share aggregated, de-identified versions of your Protected Health Information, as set forth in 45 CFR § 164.514 (“De-identified Information”), and other data with our subsidiaries, affiliates, partners, customers, investors, and contractors for any purpose. You agree and acknowledge that the Company is the sole and exclusive owner of any De-identified Information created by Company and that you have no ownership or other intellectual property rights in or to such De-identified Information.

Disclosing Collected Information

Any Collected Information obtained by the Company, whether or not for a specific purpose, may be transferred to third parties designated by the Company (including, but not limited to, any affiliates, distributors, sub-contractors or vendors engaged by the Company to perform administrative and technological functions) for any purposes for which the Company could use such Collected Information. If Collected Information is so transferred, the Company will have no responsibility for any action of the third party to whom or which such Collected Information is transferred.

Disclosure of collected information may be made to the following persons or entities:

(a) Service Providers. We engage service providers to perform functions and provide services to us. We may share Collected Information, including Personal Information, with such service providers subject to obligations consistent with this Privacy Policy and any other appropriate confidentiality and security measures, and, if applicable, on the condition that the third parties enter into a sub-contractor business associate agreement, and use your private personal data only in accordance therewith. The Company will, to the extent practicable, limit disclosures to Service Providers to the minimum necessary to accomplish the intended purpose of such use disclosure or request. The Company will impose obligations substantially no less protective of Collected Information than those set out in this Privacy Policy on each Service Provider by way of a contract or other legally binding agreement.

(b) Authorized Personnel. Company employees may have access to Collected Information as necessary in the normal course of our business.

(c) Business Transfers. In some cases, we may choose to buy or sell assets, or have engaged in discussions with 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 our assets, whether as a going concern or as part of bankruptcy, liquidation or similar proceeding, in which personal information held by us about our Services users is among the assets transferred. In these types of transactions, user information is typically one of the business assets that is transferred. Moreover, if the Services, the Company, or substantially all of its assets, were acquired, liquidated, or dissolved, Personal Information would be one of the assets that is transferred.  Any transfers allowed pursuant to this section much comply with the terms of HIPAA and any business associate agreement, if applicable.

(d) Government, Law Enforcement or Third Parties. The Company may disclose any Collected Information, including, without limitation, Personal Information that we deem necessary, in our sole discretion and without your prior permission, to comply with any applicable law, regulation, legal process or governmental request. We also may exchange Collected Information, including, without limitation, Personal Information, with other companies and organizations to protect the rights, property, or safety of the Company and its affiliates, personnel, users, third parties, or others. We reserve the right to disclose a user’s Personal Information if we believe, in good faith, that the user is in violation of the Terms of Use, even without a subpoena, warrant or other court order.  Any rights and obligations under this section are subject to the terms of HIPAA and any business associate agreement, if applicable.

Third-Party Sites

The Company’s Services may contain links to, or be accessible from, websites provided by third parties (individually a “Third-Party Site”). Your use of a Third-Party Site will be subject to its terms of use and other provisions, and you are responsible for complying with such terms and other provisions. This Privacy Policy does not cover the privacy policies or practices of any Third-Party Site, and the Company is not responsible for any information you submit to, or otherwise collected by, any Third-Party Site. The Company is only responsible for Collected Information obtained by it (a) through your authorized use of the website or (b) from other sources in the ordinary course of its business. You should consult each Third-Party Site for its privacy policy or practice before submitting any information to, or otherwise using, such Third-Party Site. Note that you can opt out of receiving targeted ads from members of the Network Advertising Initiative (the “NAI”) by visiting http://www.networkadvertising.org/index.asp.

Children

The Site is not intended for children under 13 years of age.  However, if a parent or guardian of a child who is under 13 years of age discovers that Personal Information of such child has been submitted to the Company through the website without the parent’s or guardian’s consent, the Company will use commercially reasonable efforts to remove such information from the website and the Company’s servers at the parent’s or guardian’s request.  To request the removal of such Personal Information, the parent or guardian must contact the Company as set forth in Section 17, and provide all information requested by the Company to assist it in identifying the Personal Information to be removed.

Your Rights

The Company will provide you with an opportunity to exercise certain controls and choices regarding our collection, use and sharing of your information through Opt-out options. For example, your controls and choices may include:

1. You may correct, update and delete your account information;
2. You may change your choices for subscriptions and newsletters;
3. You may choose whether or not to receive offers from us; or
4. You may choose whether to receive targeted advertising from us or our partners.

We have created the following mechanisms to provide you with control over certain uses and disclosures of your information:

• Tracking Technologies and Advertising. You can set your browser to refuse all or some browser cookies, or to alert you when cookies are being sent. To learn how you can manage your Flash cookie settings, visit the Flash player settings page on Adobe’s website. If you disable or refuse cookies, please note that some parts of this site may then be inaccessible or not function properly.
• Location Information. You can choose whether or not to allow the Services to collect and use real-time information about your device’s location through the device’s privacy settings. If you block the use of location information, some parts of the Services may then be inaccessible or not function properly.
• Promotion by the Company. If you do not wish to have your email address or contact information used by the Company to promote our own or third parties’ products or services, you can opt-out by following the unsubscribe instructions provided in the e-mail you receive or contacting us directly at support@digitalblue.io. If we have sent you a promotional email, you may send us a return email asking to be omitted from future email distributions. This opt out does not apply to information provided to the Company as a result of a product purchase, warranty registration, product service experience or other transactions.
• Disclosure of Your Information for Third-Party Advertising and Marketing. If you do not want us to share your personal information with unaffiliated or non-agent third parties for advertising and marketing purposes, you can opt-out by following the unsubscribe instructions provided in the e-mail you receive or contacting us directly at support@digitalblue.io. You can also always opt-out by logging into the Services and adjusting your user preferences in your account profile by checking or unchecking the relevant boxes or by sending us an email stating your request to support@digitalblue.io.
• Targeted Advertising. If you do not want us to use information that we collect or that you provide to us to deliver advertisements according to our advertisers’ target-audience preferences, you can opt-out by following the unsubscribe instructions provided in the e-mail you receive or contacting us directly at support@digitalblue.io.

Accessing and Correcting Your Information

If you have an account, you can help ensure that your contact information and preferences are accurate, complete, and up to date by logging into your account or by emailing us at support@digitalblue.io. For other Personal Information we hold, we will provide you with access for any purpose including requesting that we correct the data if it is inaccurate or delete the data if we are not required to retain it by law or for legitimate business purposes. We may request certain Personal Information for the purposes of verifying the identity of the individual seeking access to his/her personal information records. We may decline to process requests that are frivolous/vexatious, jeopardize the privacy of others, are extremely impractical, or for which access is not otherwise required by local law.

If you delete your User Content from the Services, copies of your User Content may remain viewable in cached and archived pages or might have been copied or stored by other Services. Proper access and use of information provided on the Services, including User Content, is governed by our Terms of Use which can be accessed here: http://bjo.9c7.myftpupload.com.

Retaining Collected Information

The Company will retain Collected Information no longer than required for the purposes for which it was collected and processed, unless the Company is legally permitted or required to continue holding it, or it is relevant to the Company’s interests in any pending dispute, judicial proceeding, government investigation or has another lawful basis to continue holding it. Any rights and obligations under this section are subject to the terms of HIPAA and any business associate agreement, if applicable.

Security of Collected Information

The Company will protect Collected Information from loss, misuse and unauthorized access, alteration, destruction and disclosure as required by all applicable laws privacy and security laws. The Company will, at a minimum, use commercially reasonable efforts to protect Personal Information from loss, misuse and unauthorized access, alteration, destruction and disclosure. We implement reasonable administrative, technical, organizational and physical precautions to safeguard against the loss, misuse or alteration of your Collected Information, including Personal Information. For example, we will store all the Personal Information you provide on our secure password and firewall-protected servers. We will also notify consumers and regulatory authorities in case of breach without undue delay. Since no transmission of information over the Internet or electronic storage of information is completely secure, it is possible that Collected Information could be lost, misused or accessed, altered, destroyed or disclosed without authorization, even if the Company uses such reasonable efforts. Any rights and obligations under this section are subject to the terms of HIPAA and any business associate agreement, if applicable.

You acknowledge that the safety and security of your information also depends on you. You are responsible for keeping the password you use for accessing the Services confidential; we will not ask you for your password (except when you log in to our Services). If you do not maintain standard security practices, the Company will not assume the liability associated with Collected Information that is lost, misused, altered, destroyed or disclosed, as a result of those sub-standard security practices.

(a) Protected Health Information. In some instances, the Company provides its Services to healthcare providers, also known as Covered Entities (as defined by HIPAA). If the scope of work will require you to disclose to the Company any Protected Health Information (“PHI”) as defined by HIPAA, HITECH, and the corresponding regulations, the Company will enter into an appropriate business associate agreement governing the disclosure, use, and transmission of that information. The Covered Entity must only disclose to us the “minimum necessary” PHI for the Company to perform our Services, and you have agreed to limit any disclosures to meet that “minimum necessary standard.”

Users from Other Jurisdictions

The Services are controlled and operated by the Company from the United States. If you are not a resident of the United States or you are located outside the United States, you should not use the Services unless you are in compliance with all applicable law. If you choose to use the Services or provide information to us, please note that we may transfer the information, including personal information, outside of the United States and process it there, and in such case, will do so in compliance with all applicable laws. We do not represent or warrant that the Services, or any portion thereof, are appropriate, lawful, or available for use in any particular jurisdiction. Those who choose to access the Services do so on their own initiative and at their own risk, and are responsible for complying with all local laws, rules and regulations, and are subject to United States export controls in connection with your use of the Services and are responsible for any violations of such controls, including, without limitation, any United States embargoes or other federal rules and regulations restricting exports.

Changes to Our Privacy Policy

We reserve the right to amend this Privacy Policy at our discretion and at any time. When we make changes to this Privacy Policy, we will post the updated notice on the website and, if possible, the Services, along with the updated effective date. Your continued use of our Services following the posting of changes constitutes your acceptance of such changes.

Our Contact Information

If you have any questions, feedback or to report a violation regarding the Privacy Policy, or the ways in which we collect and use your information described here, your choices and rights regarding such use, or wish to exercise your rights as described herein, please do not hesitate to contact us at by email us support@digitalblue.io or you may send a letter to us at Digital Blue Attn Privacy Request 444 Broadway Suite #301 Saratoga Springs, New York 12866.