Privacy Policy

Who we are

HEMSCap Inc (“HEMSCap”, “we”, “us”, or “our”) values your privacy. In this Privacy Policy (“Policy”), we describe how we collect, use, and disclose information that we obtain through our websites posting this Policy, such as https://www.HEMSCap.com, and https://www.HEMSCap.com/GeniusPTNote/ (collectively, the “Site”); the therapy practice management, patient relationship management, medical billing, and benchmarking solutions (collectively, the “Platform”); and the services available through our Site and Platform (collectively, the Site, Platform, and the services available through them are the “Services”).

By using any of our Services, you agree that your information, including personal information, will be collected, used, and disclosed as described in this Policy. Your use of our Services, and any dispute over privacy, is subject to this Policy and our Terms and Conditions, including its applicable limitations on damages and the resolution of disputes.

The Information We Collect

This Policy applies to all information collected or submitted through the HEMSCap Services. On some pages, you can make a request to contact us through a web form. The types of information collected on these pages may include your name, company name, ZIP code, email address, and phone number.

We also automatically collect information about you through your use of our Services, including, without limitation: Internet protocol (IP) address, browser type, domain name, the website that led you to our Services, the website to which you go after leaving our Services, the dates and times you access our Services, device identification information, and your activities within our Services (e.g., links you click, searches you run, purchase history, etc.). We may combine information we collect automatically with information we collect directly from you or from third parties.

In providing our Services, the information we collect may include your or your patients’ protected health information (“PHI”), as that term is defined under the Health Insurance Portability and Accountability Act (“HIPAA”). Our processing of PHI is subject to HEMSCap’s Business Associate Agreement, which you can review in our Terms of Service.

We may create anonymous data from your personal information (including PHI) and other individuals whose personal information we collect. We make personal information into anonymous data by excluding information that makes the data personally identifiable to you.

How We Use The Information We Collect

We use the information that we gather about you and your patients, including personal information, for the following purposes:

• Providing and Improving Our Services. To provide and maintain our Services; to improve our Services; to develop new features, products, or services; to perform technical operations, such as updating software; and for other customer service and support purposes.
• Research and Analytics. To analyze how our users interact with our Services; to monitor and analyze usage and activity trends; and for other research, analytical, and statistical purposes.
• Marketing and Communications. To communicate with you about your account and use of our Services; to send you product, service, or event updates; to respond to your inquiries; to provide you with news and newsletters, special offers, promotions, and other information we think may interest you; and for other informational, marketing, or promotional purposes. Our communications with you may include communications via email. Please see the “Your Choices” section of the Policy for more information about how to change your communications preferences.
• Protecting Rights and Interests. To protect the safety, rights, property, or security of HEMSCap, the Services, any third party, or the general public; to detect, prevent, or otherwise address fraud, security, or technical issues; to prevent or stop activity, which HEMSCap, in its sole discretion, may consider to be, or to pose a risk of being, an illegal, unethical, or legally actionable activity; to use as evidence in litigation; and to enforce this Policy or our Terms of Service.
• Legal Compliance. To comply with applicable legal or regulatory obligations, including as part of a judicial proceeding; to respond to a subpoena, warrant, court order, or other legal process; or as part of an investigation or request from law enforcement or a governmental authority.

‍ We may disclose the information that we collect about you, including personal information, with the following entities:

• Affiliates. We may disclose your information to any current or future affiliates or subsidiaries for research and other purposes.
• Service Providers. We may disclose your information to our vendors, service providers, agents, or others who perform functions, such as web hosting or data hosting, on our behalf.

‍ We may also disclose the information that we collect, including personal information, in the following ways:

• Business Transfers. We may disclose information to another entity in connection with, including during negotiations of, an acquisition or merger, sale or transfer of a business unit or assets, bankruptcy proceeding, or as part of any other similar business transfer.
• Protecting Rights and Interests. We may disclose information to protect the safety, rights, property, or security of HEMSCap, the Services, any third party, or the general public; to detect, prevent, or otherwise address fraud, security, or technical issues; to prevent or stop activity that HEMSCap, in its sole discretion, may consider to be, or to pose a risk of being, an illegal, unethical, or legally actionable activity; to use as evidence in litigation; and to enforce this Policy or our Terms of Service.
• Legal Compliance. We may disclose information to comply with applicable legal or regulatory obligations, including as part of a judicial proceeding; in response to a subpoena, warrant, court order, or other legal process; or as part of an investigation or request from law enforcement or a government official.

How our Services Allow Users to Share Information:

You should be aware that this Policy covers only the information you submit through our Services. If you contact or exchange information with another user in person or through a means other than our Services, such activity is not covered by this Policy.

Confidentiality of Health Information:

Some of our users, such as healthcare providers, are subject to laws and regulations governing the use and disclosure of health information they create or receive. These laws include the Health Insurance Portability and Accountability Act of 1996 (“HIPAA”), the Health Information Technology for Economic and Clinical Health of 2009 (“HITECH”), and the regulations adopted thereunder. When we store, process, or transmit “individually identifiable health information” (as such term is defined by HIPAA) on behalf of a healthcare provider who has entered a HEMSCap Terms of Service Agreement, we do so as its “business associate” (as defined by HIPAA). Under this agreement, we are prohibited from, among other things, using individually identifiable health information in a manner that the provider itself may not. We are also required to, among other things, apply reasonable and appropriate measures to safeguard the confidentiality, integrity, and availability of individually identifiable health information we store and process on behalf of such providers. We are also subject to laws and regulations governing the use and information of certain personal and health information, including HIPAA, when we operate as a business associate of a healthcare provider.

Service Emails and Other Communications:

Email communications from users and our administrative announcements are often transactional or relationship messages, such as reminders and message notifications, or other service notifications. You may not be able to opt-out of receiving certain messages, although our Services may provide a means to modify the frequency of receiving them. In cases in which we believe user emails are not primarily transactional or relationship messages, there will be the option to opt-out of receiving further emails.

Cookies and Tracking Analytics

We use cookies, local shared objects, log files, clear GIFs, embedded scripts, and other tracking mechanisms to track information about your use of our Services. We may combine this information with other personal information we collect from you.

Cookies

Cookies are alphanumeric identifiers that we transfer to your computer’s hard drive through your web browser for record-keeping purposes. Some cookies enable a faster log-in process, and some allow us to track your activities on our Services. Most web browsers automatically accept cookies, but if you prefer, you can edit your browser options to block them in the future. The Help portion of the toolbar on most browsers will tell you how to disable cookies or change your cookies settings.

Clear GIFs, Pixel Tags and Other Technologies

Clear GIFs are tiny graphics with a unique identifier, similar in function to cookies, which are embedded invisibly on web pages. We may use clear GIFs (a.k.a. web beacons, web bugs, or pixel tags) in connection with our Services to, for example, track the activities of visitors to our Site, help us manage content, and compile statistics about usage of our Sites. We may also use clear GIFs in HTML emails to our customers, to help us track email response rates, identify when our emails are viewed, and track whether our emails are forwarded.

Local Storage Objects

We may use Local Storage Objects (“LSOs”), including Flash LSOs, to store your preferences and to personalize your visit. LSOs are different from browser cookies because of the amount and type of data stored. Typically, you cannot control, delete, or disable the acceptance of LSOs through your web browser. For more information on Flash LSOs, or to learn how to manage your settings for Flash LSOs, go to the Adobe Flash Player Help Page, choose “Global Storage Settings Panel” and follow the instructions.

Do Not Track Disclosure

Currently, our systems do not recognize browser “do-not-track” requests. You may, however, disable certain tracking as discussed in this section (e.g., by disabling cookies).

Third-Party Analytics

We also use automated devices and applications, such as Google Analytics to evaluate usage of Services. We use these tools to gather information about users to help us improve our Services, performance, and user experiences. We may disclose information, including personal information, to certain third-party services in order to obtain such services. These analytics providers may use cookies and other technologies to perform their services and may combine the information that they collect about you on our Services with other information that they have collected on our Services. This Policy does not cover such third parties’ use of the data. To opt out of being tracked by Google Analytics across all websites, you can download the Google Analytics Opt-out Browser Add-on.

Interest-Based Advertising

We use third parties such as network advertisers to display advertisements on our Services, to assist us in displaying advertisements on third-party websites, and to evaluate the success of our advertising campaigns. You may opt-out of many third-party ad networks, including those operated by Customers of the Network Advertising Initiative (“NAI”) and the Digital Advertising Alliance (“DAA”). For more information regarding this practice by NAI Customers and DAA Customers, and your choices regarding having this information used by these companies, including how to opt out of third-party ad networks operated by NAI and DAA Customers, please visit their respective websites: www.networkadvertising.org/optout_nonppii.asp(NAI) and www.aboutads.info/choices(DAA).

Opting out of one or more NAI Customer or DAA Customer networks (many of which will be the same) only means that those Customers no longer will deliver targeted content or ads to you. It does not mean you will no longer receive any targeted content or ads on our Services or other services. You may continue to receive advertisements, for example, based on the particular website that you are viewing (i.e., contextual advertising). Also, if your browsers are configured to reject cookies when you visit an opt-out page, or you subsequently erase your cookies, use a different computer, or change web browsers, your NAI or DAA opt-out may no longer be effective.

Opting out of NAI or DAA Customer Networks

Opting out of one or more NAI Customer or DAA Customer networks (many of which will be the same) only means that those Customers no longer will deliver targeted content or ads to you. It does not mean you will no longer receive any targeted content or ads on our Services or other services. You may continue to receive advertisements, for example, based on the particular website that you are viewing (i.e., contextual advertising). Also, if your browsers are configured to reject cookies when you visit an opt-out page, or you subsequently erase your cookies, use a different computer, or change web browsers, your NAI or DAA opt-out may no longer be effective.

Third-Party Collection

Our Services may contain links to third-party websites and applications or integrate with services provided by third parties. Any access to and use of such linked websites, applications, or third-party services is not governed by this Policy but instead by the privacy statements of those third parties. We are not responsible for the information practices of such third parties and we encourage you to read their privacy statements.

Please specifically note that this Policy applies only to information collected by the HEMSCap Services. It does not address how HEMSCap’s healthcare provider customers use and disclose protected health information. If you have a question about how a healthcare provider uses and discloses protected health information, you should contact that provider and request a copy of its Notice of Privacy Practices.

Testimonials, Comments, and Reviews

We post HEMSCap Customer testimonials, comments, reviews, and other user-generated content on our Services that may contain personal information. If you provide us with a testimonial, comment, or review, we will obtain your consent prior to posting your name along with your testimonial, comment, or review. If you later decide that you would not like your name shown, please contact us at legal@hemscap.net

Our Site offers publicly accessible blogs and/or community forums. You should be aware that any information you provide in these areas may be read, collected, and used by others who access them. To request removal of your personal information from our blog or community forum, please contact us. In some cases, we may not be able to remove your personal information, in which case we will let you know if we are unable to do so and why.

Data Security

The security of personal information is important and HEMSCap has implemented safeguards to protect the personal information it collects. To prevent unauthorized access and maintain data accuracy, we deploy a wide range of technical, physical, and administrative safeguards, including: Secure Socket Layer (SSL) encryption, Transport Layer Security (TLS) encryption, firewalls, system alerts, and other information system security technologies; housing health data in secure facilities that restrict physical and network access; and regular evaluation and enhancement of our information technology systems, facilities, and information collection, storage and processing practices. However, no method of transmission over the Internet, or method of digital storage, is 100% secure. Therefore, we cannot guarantee absolute security. Further, you should take steps to protect your device and/or account by, for example, logging off when you have finished with a session and choosing a robust password that no one else knows or could easily guess.

Your Choices

Correcting or Deleting Personal Information: You may correct or request deletion of your personal information by logging into your account and updating your information. Please note that we may retain certain information about you as required by law or as permitted by law for legitimate business purposes (e.g., in accordance with our record retention policies or to enforce our Terms of Service).

Opting out of Email Communications: We may send periodic promotional or informational emails to you. You may opt out of such communications by following the opt-out instructions contained in the email or emailing us at legal@hemscap.net. Please note that it may take up to 10 business days for us to process opt-out requests. If you opt out of receiving marketing emails from us, we may still send you non-promotional emails (e.g., about your account with us).

Children’s Privacy

Our online, publicly available Services, including public websites, are not targeted to children. Children under the age of 13 are not permitted to use HEMSCap software or services. We do not knowingly collect information online from children under 13. If we discover that we have collected personal information from a child under 13, we will take steps to delete such information.

The Children’s Online Privacy Protection Act (COPPA) does not apply to our services. Personal information collected, retained, used, or disclosed about children under age 13 as part of these Services is subject to HIPAA.

If you are a resident of California and under the age of 18, you may remove any content that you have posted to our Site. In the event you cannot remove the content, you may request for us to remove the content by sending us an email at legal@hemscap.net. Please note that the removal of content or information from the Site does not ensure complete or comprehensive removal of the content or information posted on the Site.

United States Only

Access to our Services is administered in the United States (“US”) and is intended for users in the US. You may not use our Services in any jurisdiction where offering, accessing, or using our Services would be illegal or unlawful. If you are located outside of the US, please note that the information you submit to us will be transferred to the US. By using our Services, you consent to this transfer. You also consent to the transfer to and processing of any personal information by us or any of the other parties described in the section “The Way We Use and Share Information” and “How Our Services Allow Users to Share Information” above, whether located in the US or any other countries, for the purposes described in this Policy or for any other specific purposes to which you consent. If you are located in a country other than the US, you should note that, at present, the laws of the US and certain other countries have not been approved by the European Commission or privacy authorities in certain other countries as providing “adequate protection” for personal information within the meaning of the General Data Protection Regulation or applicable laws of other countries.

Policy Changes

This Policy is current as of the Effective Date set forth above. We may change this Policy from time to time, so please be sure to check back periodically. We will post any changes to this Policy on our Site. If we make any changes to this Policy that materially affect our practices with regard to the personal information we have previously collected from you, we will endeavor to provide you with notice in advance of such change by highlighting the change on our Site.

Contact Us

If you have any further questions or concerns about this Policy or our privacy practices, please send us an email at legal@hemscap.net.

CCPA Privacy Notice

PRIVACY STATEMENT: CALIFORNIA
This PRIVACY NOTICE FOR CALIFORNIA RESIDENTS supplements the information contained in the Privacy Policy of HEMSCAP INC and its subsidiaries (collectively, “we,” “us,” or “our”) and applies solely to visitors, users, and others who reside in the state of California (“consumers” or “you”). We adopt this notice to comply with the California Consumer Privacy Act (CCPA) and other California privacy laws. Any terms that are defined in the CCPA have the same meaning when used in this notice.

Information We Collect

We collect information that identifies, relates to, describes, references, is capable of being associated with, or could reasonably be linked to, directly or indirectly, a particular consumer or device (“personal information”). In particular, we have collected the following categories of personal information from consumers within the last twelve (12) months:

Personal information does not include:

• Publicly available information from government records,
• De-identified or aggregated consumer information, or
• Information excluded from CCPA’s scope, such as:
• Health or medical information covered by the Health Insurance Portability and Accountability Act of 1996 (HIPAA) and the California Medical Information Act (CMIA) or clinical trial data;
• Personal information covered by certain sector-specific privacy laws, including the Fair Credit Reporting Act (FRCA), the Gramm-Leach-Bliley Act (GLBA), California Financial Information Privacy Act (FIPA), and the Driver’s Privacy Protection Act of 1994.
  
  We obtain the categories of personal information listed above from the following categories of sources:


• Directly from our clients and their agents. For example, from documents that our clients provide to us related to the services for which they engage us.
• Indirectly from our clients or their agents. For example, through information we collect from our clients over the course of providing services to them.
• Directly and indirectly from activity on our websites (https://app.HEMSCap.com, https://www.HEMSCap.com, https://therabill.com, https://get.HEMSCap.com, https://why.weboutcomes.com, and https://www.HEMSCap.com/ascend/)
• From third parties that interact with us in connection with the services we perform. For example, from third party analytics applications that evaluate your use of our services.

Personal Information Use

We may use or disclose the personal information we collect for one or more of the following business purposes:

• Providing and Improving our Services: To provide and maintain our services; to improve our services; to develop new features, products, or services; to perform technical operations, such as updating software; and for other customer service and support purposes
• Conducting Research and Analytics: To analyze how our users interact with our services; to monitor and analyze usage and activity trends; and for other research, analytical, and statistical purposes
• Marketing and Communications: To communicate with you about your account and use of our services; to send you product, service, or event updates; to respond to your inquiries; to provide you with news and newsletters, special offers, promotions, and other information we think may interest you; and for other informational, marketing, or promotional purposes. Our communications with you may include communications via email.
• Protecting Rights and Interests: To protect the safety, rights, property, or security of our software and services, any third party, or the general public; to detect, prevent, or otherwise address fraud, security, or technical issues.
• Legal Compliance: To comply with applicable legal or regulatory obligations, including as part of a judicial proceeding; to respond to a subpoena, warrant, court order, or other legal process; or as part of an investigation or request from law enforcement or a governmental authority.
• Business Transfers: We may disclose information to another entity in connection with, including during negotiations of, an acquisition or merger, sale or transfer of a business unit or assets, bankruptcy proceeding, or as part of any other similar business transfer.

We will not collect additional categories of personal information or use the personal information we collected for materially different, unrelated, or incompatible purposes without providing you notice.

Sharing Personal Information

We may disclose your personal information to a third party for a business purpose. When we disclose personal information for a business purpose, we enter a contract with the recipient that describes the purpose and requires the recipient to keep that information confidential and not use it for any purpose except performing the contract.

In the preceding twelve (12) months, we have disclosed the following categories of personal information for a business purpose:

Category A: Identifiers
Category B: California Customer Records Personal Information
Category D: Commercial Information
Category E: Biometric Information
Category F: Internet and Other Similar Network Activity
Category H: Sensory Data
Category K: Inferences drawn from other personal information

We disclose your personal information for a business purpose to the following categories of third parties:

• Our affiliates,
• Service providers, and
• Third parties to whom you or your agents authorize us to disclose your personal information in connection with products or services we provide you.

In the preceding twelve (12) months, we have not sold any personal information.

Your Rights

CCPA provides California residents (consumers) with specific rights regarding their personal information. This section describes your CCPA rights and explains how to exercise those rights.

Accessing Specific Information and Data Portability Rights

You have the right to request that we disclose certain information to you about our collection and use of your personal information over the past 12 months. Once we receive and confirm your verifiable consumer request, we will disclose to you:

• The categories of personal information we collected about you;
• The categories of sources for the personal information we collected about you;
• Our business or commercial purpose for collecting or disclosing that personal information;
• The specific pieces of personal information we collected about you (data portability); and
• If we sold or disclosed your personal information for a business purpose, two separate lists disclosing:
• Sales, identifying the personal information categories that each category of recipient purchased; and
• Disclosures for a business purpose, identifying the personal information categories that each category of recipient obtained.

Understanding Deletion Request Rights

You have the right to request that we delete any of your personal information that we collected from you and retained, subject to certain exceptions. Once we receive and confirm your verifiable consumer request, we will delete (and direct our service providers to delete) your personal information from our records, unless an exception applies.

We may deny your deletion request if retaining the information is necessary for us or our service providers to:

a. Complete the transaction for which we collected the personal information, provide a good or service that you requested, take actions, reasonably anticipated within the context of our ongoing business relationship with you, or otherwise perform our contract with you;
b. Detect security incidents, protect against malicious, deceptive, fraudulent, or illegal activity, or prosecute those responsible for such activities;
c. Debug to identify and repair errors that impair existing intended functionality;
d. Exercise free speech, ensure the right of another consumer to exercise their free speech rights, or exercise another right provided for by law;
e. Comply with the California Electronic Communications Privacy Act (Cal. Penal Code § 1546 seq.);
f. Engage in public or peer-reviewed scientific, historical, or statistical research in the public interest that adheres to all other applicable ethics and privacy laws, when the information’s deletion may likely render impossible or seriously impair the research’s achievement, if you previously provided informed consent;
g. Complete solely internal tasks that are reasonably aligned with consumer expectations based on your relationship with us;
h. Comply with a legal obligation; and/or
i. Make other internal and lawful uses of that information that are compatible with the context in which you provided it.

Exercising Access, Data Portability, and Deletion Rights

You may only make a verifiable consumer request for access or data portability twice within a 12-month period.

To exercise the access, data portability, and deletion right described above, please submit a verifiable consumer request to us by either:

• Sending your request to legal@hemscap.net, or
• Completing our personal information request form.
Please provide us with the following information to assist with verifying your request:

• The HEMSCap service(s) you are using or have used in the past 12 months
• The name and email address you provided us when accessing our services
• Your company affiliation (if applicable), mailing address, and telephone number
• A description of your personal information request with sufficient details that allow us to properly understand, evaluate, and respond to it
Only you or a person registered with the California Secretary of State that you authorize to act on your behalf may make a verifiable consumer request related to your personal information.  You may also make a verifiable consumer request on behalf of your minor child.

We cannot respond to your request or provide you with personal information if we cannot verify your identity or authority to make the request and confirm the personal information that relates to you. Making a verifiable consumer request does not require you to create an account with us.  We will only use personal information provided in a verifiable consumer request to verify the requestor’s identity or authority to make the request.

Receiving a Response and Timing and Format

We will confirm receipt of your request within 10 days and provide you with information about how we will process your request, including our verification process. We will contact you if we need further information from you to verify your request. We will respond to a verifiable consumer request within 45 days of its receipt. If we require more time (up to 90 days), we will inform you of the request and extension period in writing. We will deliver our written response by mail or electronically at your option. Any disclosures we provide will only cover the 12-month period that precedes the verifiable consumer’s request. The response we provide will also explain the reasons we cannot comply with the request, if applicable.  For data portability requests, we will select a format to provide you your personal information that is readily useable and should allow you to transmit the information from one entity to another.

Non-Discrimination

We will not discriminate against you for exercising any of your CCPA rights. At times, we may offer you a different financial incentive, price difference, or service difference, as permitted by the CCPA, in exchange for retention or the sale of your personal information. If we offer you a financial incentive, we will do the following in advance:

• Notify you of the categories of personal information implicated by the financial incentive, price difference or service difference;
• Obtain your informed consent;
• Base the financial incentive, price difference, or service difference on a good faith estimate of the value of your personal information; and
• Describe the method used for calculating the value of your personal information that formed the basis of the financial incentive, price difference, or service difference.

Changes to Our Privacy Notice

We reserve the right to amend this privacy notice at our discretion and at any time.  When we make changes to this privacy notice, we will notify you by email or through a notice on our website.

Contact Information

If you have questions or comments about this notice, our Privacy Policy, the ways in which we collect and use your personal information, your rights regarding such use, or wish to exercise your rights under California law, please do not hesitate to contact us at:

Email:legal@hemscap.net
HEMSCap Inc
Attention: Legal