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 operating our website at www.deaconhealth.com (the “Site”) and the [Deacon Health] [care.deaconhealth.app] browser-based application. The Site and Application shall be referred to collectively as the “Services.”” This Privacy Policy discloses how we collect, use, communicate, disclose, and make use of personal information of Site visitors and users of our Services, whether through the Site or our Mobile Apps (collectively “Users”), and applies solely to the information that we collect through the Services, including through our Navigators (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 when you use the Mobile App, 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, post to, or share via the Services, including through discussion and other communications with a Deacon Health care coordinator (“Navigator”).

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.

If you are a User and do not have a relationship with a Physician, then the terms of this Privacy Policy will govern Deacon Health’s use and disclosure of your PII.

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. 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 take action 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 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.

Traffic Data, Analysis and Cookies. Each time a User comes to the Site or uses the Mobile App, Deacon Health collects some information to improve the overall quality of the visitor’s online experience.

Aggregated Data. Deacon Health collects aggregate queries for internal reporting and also counts, tracks, and aggregates the visitor’s activity into Deacon Health’s analysis of general traffic-flow at the Site. To these ends, Deacon Health may merge information about you into aggregated group data. In some cases, Deacon Health may remove personal identifiers from PII and maintain it in aggregate form that may later be combined with other information to generate anonymous, aggregated statistical information. Such anonymous, group data may be shared on an aggregated basis with Deacon Health’s affiliates, business partners, service providers and/or vendors; if it does so, Deacon Health will not disclose your individual identity.

Web Server Logs and IP Addresses. An Internet Protocol (“IP”) address is a number that automatically identifies the computer or device you have used to access the Internet. The IP address enables our server to send you the web pages that you want to visit, and it may disclose the server owned by your Internet Service Provider. Deacon Health may use IP addresses to conduct analyses and performance reviews and to administer the Site.

Cookies and Web Beacons. Cookies are pieces of information that a website transfers to a user’s computer for purposes of storing information about a user’s preferences. Cookies in and of themselves do not personally identify users, although they do identify a user’s computer. Many websites use cookies as a standard practice to provide useful features when a user visits the website and most web browsers are set up to accept cookies. You can set your browser to refuse cookies, but some portions of the Site may not work properly if you refuse cookies. We also use cookies to retrieve certain information previously provided by you to Deacon Health, so that you do not need to re-enter this information every time you visit the Site.

Some of the Site’s web pages may use web beacons in conjunction with cookies to compile aggregate statistics about Site usage. A web beacon is an electronic image (also referred to as an “action tag,” “single-pixel,” or “clear GIF”) that is commonly used to track the traffic patterns of users from one web page to another in order to maximize web traffic flow and to otherwise analyze the effectiveness of the Site. Some web beacons may be unusable if you elect to reject their associated cookies.

Referrals/Links. The Services may contain links to third-party websites that may offer information of interest. This Privacy Policy does not apply to those websites, and Deacon Health recommends reviewing those websites’ privacy policies individually.

Response to “Do Not Track” Signals. Some Internet browsers include the ability to transmit “Do Not Track” signals. Since uniform standards for “Do Not Track” signals have not yet been adopted, Deacon Health does not process or respond to “Do Not Track” signals with respect to the Site.

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.

Passwords; Your Role in Protecting Your Personal Information. The Services allow access only to users with valid passwords. You must take all necessary steps to ensure that no unauthorized person has access to your password or account. It is your sole responsibility to: (A) control the dissemination and use of activation codes and passwords; (B) authorize, monitor, and control access to and use of your account and password; and (C) promptly inform us of any need to deactivate a password or account.

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 [[email protected]].

You can mail your request to the following postal address:

Deacon Health

102 Woodmont Blvd., Ste 300

Nashville, TN 37205

Attn: [MD App Team]

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 [[email protected]] 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 [[email protected]]. 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.