Privacy Policy

Your privacy is important to us, and it is the policy of Deacon Health and its affiliates (“Deacon Health”) to respect your privacy regarding any information we may collect while coordinating your health. For coordination of your health our Care Coordinators may collect data on proprietary technology platform or through other electronic means and they shall be referred to collectively as the “Services.” This Privacy Policy outlines how we collect, use, communicate, disclose, and make use of personal information. It applies exclusively to information gathered through our Services, including through our Care Coordinators (defined below). This Privacy Policy does not address personal information that you provide to us in other contexts (e.g., through a business relationship not handled through the Services). 

Acceptance of Privacy Policy 

By using the Services, you signify your acceptance of this Privacy Policy. If you do not agree to the terms of this Privacy Policy, please do not use the Services. Your continued use of the Services following the posting of changes to these terms will mean that you accept those changes. 

How We Collect Your Personal Information 

Deacon Health may collect your personally identifiable information (“PII”) that you provide including, but not limited to, name, age, gender, email address, home or other addresses, and phone number, care plans, health and other medical information. We also may collect any files, data, images, photos, videos, sounds, links, works of authorship, or any other materials containing PII that you, or third parties with your authorization, provide to or share via the Services, including through discussion and other communications with a Deacon Health care coordinator. These Deacon Health care coordinators may serve in the role as Referral Coordinator, Patient Coordinator or Transition Coordinator. 

Your Protected Health Information and HIPAA Compliance 

If you are a patient with a relationship with a physician or other healthcare provider who is a Deacon Health customer (“Physician”), then the information that you share with us through the Services is likely to be protected health information (“PHI”) subject to the privacy and security safeguards of the Health Insurance Portability and Accountability Act and its regulations (“HIPAA”). Deacon Health is subject to applicable HIPAA privacy and security requirements in its capacity as a “business associate” acting on behalf of Physicians. If that is the case, Deacon Health’s use and disclosure of your PHI will be governed by HIPAA and the applicable business associate agreement between Deacon Health and the Physician, in addition to this Privacy Policy. HIPAA requires, among other things, that we not use or disclose more than the minimum amount of your information that is necessary to perform services for, or on behalf of, the Physicians with whom we have relationships. If there is a conflict between this Privacy Policy and HIPAA, HIPAA will control with respect to your PHI. 

Use and Disclosure of Personal Information 

Except as described in this Privacy Policy, Deacon Health will use your PII only to operate, enhance, improve, maintain and update the Services, address your requests for information, products or services, and to develop web statistics and User profiles. Deacon Health will not sell, rent, license, or trade your PII with third parties for their own direct marketing use unless we receive your express consent to do so. Mobile information will not be shared with third parties for marketing or promotional purposes. Text messaging origination opt-in data and consent will not be shared with third parties. Unless you give us permission to do so, Deacon Health will not share your PII other than as specified in this Privacy Policy. 

Disclosures to Third Parties Assisting In Our Operations. Deacon Health may share your PII under confidentiality agreements with other companies that work with, or on behalf of, Deacon Health to provide products and services. These companies may use your PII to assist Deacon Health in its operations. However, these companies do not have any independent right to share this information. 

Disclosures Under Special Circumstances. We may provide information about you to respond to subpoenas, court orders, legal process or governmental regulations, or to establish or exercise our legal rights or defend against legal claims. We believe it is necessary to share information in order to investigate, prevent or act regarding illegal activities, suspected fraud, situations involving potential threats to the physical safety of any person, or as otherwise required by law. 

Business Transfers. We may share your PII with other business entities in connection with the sale, assignment, merger or other transfer of all or a portion of Deacon Health’s business to such business entity. We will require any such successor business entity to honor the terms of this Privacy Policy. 

Most of the third parties with whom we share your PII are located and store your information in the United States, although some may be located or store your information outside of the United States. 

Security 

Deacon Health understands that storing our data in a secure manner is essential. Deacon Health stores PII using industry standard physical, technical and administrative safeguards to secure data against foreseeable risks, such as unauthorized use, access, disclosure, destruction or modification.  Please note, however, that while Deacon Health has endeavored to create secure and reliable Services for Users, the confidentiality of any communication or material transmitted to/from the Services or via e-mail or text message cannot be guaranteed. Any transmission of your information is at your own risk. By using our Services, you acknowledge and accept these risks. As a result, we cannot guarantee or warrant the security of any information you disclose or transmit to us or that are otherwise provided to us and we cannot be responsible for the theft, destruction, or inadvertent disclosure of information. Any transmission of information is at your own risk. 

Children’s Privacy Protection. Deacon Health understands the importance of protecting children’s privacy in the interactive online world. The Services are not designed for, or intentionally targeted at, children under 13 years of age. It is not our policy to intentionally collect or maintain information about anyone under the age of 13. No one under the age of 13 should submit any PII to Deacon Health through the Services. If we discover that any such information has been submitted through the Services, we will take reasonable measures to delete the information immediately and document our destruction efforts. For more information about the Children’s Online Privacy Protection Act (“COPPA”), which applies to websites that direct their services to children under the age of 13, please visit the Federal Trade Commission’s website: https://www.ftc.gov/tips-advice/business-center/guidance/complying-coppa-frequently-asked-questions

Updates to Privacy Policy. If we decide to change our Privacy Policy, we will post those changes on our homepage and, with respect to the Mobile App, in the relevant app stores, so our users are always aware of what information we collect, how we use it, and under what circumstances, if any, we disclose it. If at any point we decide to use personally identifiable information in a manner different from that stated at the time it was collected, we will notify users by way of an email or through the Mobile App. Users will have a choice as to whether or not we use their information in this different manner. We will use information in accordance with the Privacy Policy under which the information was collected. 

Changes to Your Personal Information; Opt-Out You may review and request changes to your PII that Deacon Health has collected, including the removal of your PII from Deacon Health’s databases in order to prevent receipt of future communications using any of the following options: 

You can send your request via e-mail to compliance@deaconhealth.com. 

You can mail your request to the following postal address: 

Deacon Health
 
102 Woodmont Blvd., Ste 300
 
Nashville, TN 37205
 
Attn: [MD App Team] 

You can send your request via text message by texting “STOP,” in response to any automated messaging that you receive from Deacon Health. 

Questions? Comments? 
We welcome your feedback. If you have questions or comments about our privacy policies, feel free to send us an e-mail at compliance@deaconhealth.com or call us at 615-933-3810

Dispute Resolution; Arbitration 

1. Dispute Resolution. If you have any dispute with us, you must first give us an opportunity to resolve the dispute by sending a written description of your claim to us at compliance@deaconhealth.com. We each agree to negotiate your claim in good faith. If we are unable to resolve the claim within 60 days after we acknowledge receipt of this claim description, you may pursue your claim in arbitration as described below. 
2. Binding Arbitration. We each agree that, except as provided below and to the extent permitted by law, any and all claims or disputes in any way related to or concerning these Terms or our Services, including any billing disputes, will be resolved by binding arbitration. We each also agree that these Terms affect interstate commerce so that the Federal Arbitration Act and Federal Arbitration Law apply. There is no judge or jury in arbitration, and court review of an arbitration award is limited. The arbitrator must follow these Terms and can award the same damages and relief as a court (including attorneys’ fees). 
3. Arbitration. Any dispute relating to these Terms or the Services that are not resolved by our dispute resolution process above may be resolved by binding arbitration to be held in the county of Davidson, Tennessee, in accordance with the rules then in effect of the American Arbitration Association. The parties will mutually agree on a single arbitrator. If the parties cannot mutually agree, the arbitrator will be appointed by the American Arbitration Association. The arbitrator may grant injunctions or other relief in such dispute or controversy. The decision of the arbitrator shall be final, conclusive and binding on the parties to the arbitration. Judgment may be entered on the arbitrator’s decision in any court of competent jurisdiction. The party that does not prevail shall pay all of the costs and expenses of such arbitration, and each party shall separately pay its respective counsel fees and expenses. The arbitrator will not have the power to award damages in excess of the limitation on actual compensatory, direct damages set forth in these Terms and may not multiply actual damages or award punitive damages or any other damages that are specifically excluded under these Terms, and each party hereby irrevocably waives any claim to such damages. 
4. Class Action Waiver. We each agree that any proceedings, whether in arbitration or court, will be conducted only on an individual basis and not in a class or representative action or as a member in a class, consolidated or representative action. If a court or arbitrator determines in an action between you and us that this Class Action Waiver is unenforceable, the arbitration agreement will be void as to you. 
5. Jury Trial Waiver. If a claim proceeds in court rather than through arbitration, we each waive any right to a jury trial. 
6. Injunctive Relief. You agree that any material breach of Section 7 of the Terms will result in irreparable harm to Deacon Health and damages would be an inadequate remedy. Therefore, in addition to its rights and remedies otherwise available at law, Deacon Health will be entitled to equitable relief, including both a preliminary and permanent injunction, if such a breach occurs. You waive any requirement for the posting of a bond or other security if Deacon Health seeks such an injunction.