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Privacy Policy for Marketplace Healthcare Providers

Effective as of March 13, 2023

This Privacy Policy describes how SurgiPrice LLC ("SurgiQuality," "we", "us" or "our") handles personal information of Marketplace Healthcare Providers that we collect through our digital properties that link to this Privacy Policy, including our website located at http://www.surgiquality.com and the SurgiConnect mobile application, including the SurgiQuality marketplace platform (“Marketplace”) that is made available through the website and mobile application (collectively with the Marketplace, the
“Service”).

Our Service is intended to help individuals seeking surgical and related healthcare services (“Users”) connect with surgeons, other healthcare providers and healthcare organizations (“Marketplace Healthcare Providers”) so that such Users may select and obtain certain healthcare and/or surgical services from Marketplace Healthcare Providers. This Privacy Policy covers personal information that we collect from or about our Marketplace Healthcare Providers. THIS PRIVACY POLICY DOES NOT APPLY TO ANY PROTECTED HEALTH INFORMATION (“PHI”) SUBJECT TO HEALTH INSURANCE PORTABILITY AND ACCOUNTABILITY ACT OF 1996 (“HIPAA”) THAT WE PROCESS ON BEHALF OF OUR MARKETPLACE HEALTHCARE PROVIDERS AS A “BUSINESS ASSOCIATE” (AS SUCH TERM IS DEFINED UNDER HIPAA) WHILE PROVIDING THE SERVICES TO THEM. OUR USE OF PHI THAT WE PROCESS ON BEHALF OF MARKETPLACE HEALTHCARE PROVIDERS IS GOVERNED BY OUR BUSINESS ASSOCIATE AGREEMENTS (“BAA”) WITH THOSE MARKETPLACE HEALTHCARE PROVIDERS. For example, this Privacy Policy does not cover communication exchanges between Users and Marketplace Healthcare Providers collected via our nurse concierge service.

Index

  • Personal information we collect
  • How we use your personal information
  • How we share your personal information
  • Your choices
  • Other sites and services
  • Security
  • International data transfers
  • Children
  • Changes to this Privacy Policy
  • How to contact us

Personal information we collect

Information you provide to us. If you are a Marketplace Healthcare Provider, personal information you may provide to us through the Service or otherwise (excluding any PHI that is subject to HIPAA) includes:

  • Marketplace Healthcare Provider Contact data, such as your first and last name, company email address, professional title and organization name, and company phone number.
  • Marketplace Healthcare Provider Demographic data, such as your city, state, country of residence, postal code, and age.
  • Profile data, such as the username and password that you may set to establish an online account on the Service, date of birth, photograph, links to your organization website, interests, preferences, CV information, and any other information that you add to your account profile.
  • Communications data, based on our exchanges with Marketplace Healthcare Providers, including when a Marketplace Healthcare Provider contacts us through the Service or otherwise (e.g., for administrative purposes).
  • Marketing data, such as your preferences for receiving our marketing communications and details about your engagement with them.
  • User-generated content data, such as comments, questions, messages, and other content or information that you transmit, or otherwise make available on the Services that is not PHI subject to HIPAA, as well as associated metadata.
  • Government-issued identification number data, such as state or local identification number (e.g., medical license ID information), and an image of the relevant identification card.
  • Other data not specifically listed here, which we will use as described in this Privacy Policy or as
    otherwise disclosed at the time of collection.

Third-party sources. We may combine personal information we receive from you with personal information we obtain from other sources, such as:

  • Publicly available sources, such as government agencies, public records, and other publicly available sources.
  • Private sources, such as a surgeon’s electronic medical records to determine, for example, surgery success rates, complication rates, and number of cases performed.

Automatic data collection. We, our service providers, and our business partners may automatically log information about you, your computer or mobile device, and your interaction over time with the Service, our communications and other online services, such as:

  • Device data, such as your computer or mobile device’s operating system type and version, manufacturer and model, browser type, screen resolution, RAM and disk size, CPU usage, device type (e.g., phone, tablet), IP address, unique identifiers, language settings, mobile device carrier, radio/network information (e.g., Wi-Fi, LTE, 3G), and general location information such as city, state or geographic area.
  • Online activity data, such as pages or screens you viewed, how long you spent on a page or screen, the website you visited before browsing to the Service, navigation paths between pages or screens, information about your activity on a page or screen, access times and duration of access, and whether you have opened our emails or clicked links within them.

Cookies and similar technologies. Some of the automatic collection described above is facilitated by the following technologies:

  • Cookies, which are small text files that websites store on user devices and that allow web servers to record users’ web browsing activities and remember their submissions, preferences, and login status as they navigate a site. Cookies used on our sites include both “session cookies” that are deleted when a session ends, “persistent cookies” that remain longer, and “first party” cookies that we place.
  • Local storage technologies, like HTML5, that provide cookie-equivalent functionality but can store larger amounts of data on your device outside of your browser in connection with specific applications.
  • Web beacons, also known as pixel tags or clear GIFs, which are used to demonstrate that a webpage or email was accessed or opened, or that certain content was viewed or clicked.
  • Session-replay technologies, such as those provided by Hotjar that employ software code to record users’ interactions with the Services (specifically for our nurse concierge service) in a manner that may allow us to watch video replays of those user sessions. These replays help us diagnose usability problems and identify areas for improvement. You can learn more about Hotjar at https://www.hotjar.com/legal/policies/privacy/ and you can opt-out of session recording by Hotjar at https://www.hotjar.com/policies/do-not-track/.

How we use your personal information

We may use your personal information for the following purposes or as otherwise described at the time
of collection:

Service delivery and business operations. We may use your personal information to:

  • provide, operate and improve the Service and our business;
  • establish and maintain your user profile on the Service;
  • enable security features of the Service, such as by sending you security codes via email or SMS, and remembering devices from which you have previously logged in;
  • communicate with you about the Service, including by sending announcements, updates, security alerts, and support and administrative messages;
  • understand your needs and interests, and personalize your experience with the Service and our communications; and
  • provide support for the Service, and respond to your requests, questions and feedback.

Research and development. We may use your personal information for research and development purposes, including to analyze and improve the Service and our business. As part of these activities, we may create aggregated, de-identified and/or anonymized data from personal information we collect. We make personal information into de-identified or anonymized data by removing information that makes the data personally identifiable to you. We may use this aggregated, de-identified or otherwise anonymized data and share it with third parties for our lawful business purposes, including to analyze and improve the Service and promote our business.

Marketing. We and our service providers may send you direct marketing communications. You may opt-out of our marketing communications as described in the Opt-out of marketing section below.

Compliance and protection. We may use your personal information to:

  • comply with applicable laws, lawful requests, and legal process, such as to respond to subpoenas or requests from government authorities;
  • protect our, your or others’ rights, privacy, safety or property (including by making and defending legal claims);
  • audit our internal processes for compliance with legal and contractual requirements or our internal policies;
  • enforce the terms and conditions that govern the Service; and
  • prevent, identify, investigate and deter fraudulent, harmful, unauthorized, unethical or illegal activity, including cyberattacks and identity theft.

With your consent. In some cases, we may specifically ask for your consent to collect, use or share your personal information, such as when required by law.

Cookies and similar technologies. In addition to the other uses included in this section, we may use the Cookies and similar technologies described above for the following purposes:

  • Technical operation. To allow the technical operation of the Service, such as by remembering your selections and preferences as you navigate the site, and whether you are logged in when you visit password protected areas of the Service.
  • Functionality. To enhance the performance and functionality of our services.
  • Analytics. To help us understand user activity on the Service, including which pages are most and least visited and how visitors move around the Service, as well as user interactions with our emails. For example, we use Google Analytics for this purpose. You can learn more about Google Analytics and how to prevent the use of Google Analytics relating to your use of our sites here: https://tools.google.com/dlpage/gaoptout?hl=en.

Retention. We generally retain personal information to fulfill the purposes for which we collected it, including for the purposes of satisfying any legal, accounting, or reporting requirements, to establish or defend legal claims, or for fraud prevention purposes. To determine the appropriate retention period for personal information, we may consider factors such as the amount, nature, and sensitivity of the personal information, the potential risk of harm from unauthorized use or disclosure of your personal information, the purposes for which we process your personal information and whether we can achieve those purposes through other means, and the applicable legal requirements.

How we share your personal information

We may share your personal information with the following parties and as otherwise described in this Privacy Policy or at the time of collection.

Service providers. Third parties that provide services on our behalf or help us operate the Service or our business (such as hosting, compliance and security, information technology, customer support, email delivery, marketing, consumer research and website analytics).

Professional advisors. Professional advisors, such as lawyers, auditors, bankers and insurers, where necessary in the course of the professional services that they render to us.

Authorities and others. Law enforcement, government authorities, and private parties, as we believe in good faith to be necessary or appropriate for the compliance and protection purposes described above.

Business transferees. Acquirers and other relevant participants in business transactions (or negotiations of or due diligence for such transactions) involving a corporate divestiture, merger, consolidation, acquisition, reorganization, sale or other disposition of all or any portion of the business or assets of, or equity interests in, our or our affiliates (including, in connection with a bankruptcy or similar proceedings).

Other Users. Your profile and other user-generated content data (except for messages with Users) may be visible to other Users of the Service. For example, Users of the Service may have access to your information if you chose to make your profile or other personal information available to them through the Service, such as the Marketplace Healthcare Provider’s star ratings (e.g., success rate and complication rate), cost, business contact details, profile photo, location or other content.

We make commercially reasonable efforts to verify that the parties with whom our mobile application shares personal information provide a level of protection of personal information consistent with the practices described in this Privacy Policy, except that all such parties described above other than service providers and affiliates may, to the extent permitted by law, use personal information as described in their own privacy policies.

Your choices

Access or update your information. If you have registered for an account with us through the Service,
you may review and update certain account information by logging into the account.

Opt-out of marketing communications. You may opt-out of marketing-related emails by following the opt-out or unsubscribe instructions at the bottom of the email, or by contacting us. Please note that if you choose to opt-out of marketing-related emails, you may continue to receive service-related and other non-marketing emails.

Do Not Track. Some Internet browsers may be configured to send “Do Not Track” signals to the online services that you visit. We currently do not respond to “Do Not Track” or similar signals. To find out more about “Do Not Track,” please visit http://www.allaboutdnt.com.

Declining to provide information. We need to collect personal information to provide certain services. If you do not provide the information we identify as required or mandatory, we may not be able to provide those services.

Delete your content or close your account. You can choose to delete certain content through your account. If you wish to request to close your account, please contact us.

Other sites and services

The Service may contain links to websites, mobile applications, and other online services operated by third parties. In addition, our content may be integrated into web pages or other online services that are not associated with us. These links and integrations are not an endorsement of, or representation that we are affiliated with, any third party. We do not control websites, mobile applications or online services operated by third parties, and we are not responsible for their actions. We encourage you to read the privacy policies of the other websites, mobile applications and online services you use.

Security

We employ technical, organizational and physical safeguards designed to protect the personal information we collect. However, security risk is inherent in all internet and information technologies and we cannot guarantee the security of your personal information.

International data transfer

We are headquartered in the United States and may use service providers that operate in other countries. Your personal information may be transferred to the United States or other locations where privacy laws may not be as protective as those in your state, province, or country.

Children

The Service is not intended for use by anyone under 18 years of age. If you are a parent or guardian of a child from whom you believe we have collected personal information in a manner prohibited by law, please contact us. If we learn that we have collected personal information through the Service from a child without the consent of the child’s parent or guardian as required by law, we will comply with applicable legal requirements to delete the information.

Changes to this Privacy Policy

We reserve the right to modify this Privacy Policy at any time. If we make material changes to this Privacy Policy, we will notify you by updating the date of this Privacy Policy and posting it on the Service or other appropriate means. Any modifications to this Privacy Policy will be effective upon our posting the modified version (or as otherwise indicated at the time of posting). In all cases, your use of the Service after the effective date of any modified Privacy Policy indicates your acknowledgment that the modified Privacy Policy applies to your interactions with the Service and our business.

How to contact us

Email: [email protected]
Phone: (832) 810-8566

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