Privacy Statement

Rhinogram operates a unified communications platform which allows healthcare practices and their doctors, nurses, administrators and other employees or representatives to engage with each other, with patients and with other third parties across digital, social media and other traditional communication channels.

Scope

This Privacy Policy governs your access to and use of the website located at www.rhinogram.com or any subdomain thereof (the “Website”), the applications made available by us (the “Rhinogram Apps” and collectively with the Website, the “Rhinogram Sites”) and the services (the “Services”) offered by us through the Rhinogram Sites. As used herein, “Rhinogram,” “we,” “us” or “our” means Rhinogram, LLC or its affiliates or agents and “you,” “your” and other similar words mean the person, entity or other organization which sets up a Rhinogram account (a “Rhinogram Account”) as well as each individual who accesses or uses the Rhinogram Sites or the Services (a “User”).

Please read this Privacy Policy carefully. BY SETTING UP A RHINOGRAM ACCOUNT OR ACCESSING OR USING THE RHINOGRAM SITES OR THE SERVICES, YOU AGREE TO THIS PRIVACY POLICY. IF YOU DO NOT AGREE TO THIS PRIVACY POLICY, DO NOT SET UP A RHINOGRAM ACCOUNT WITH US OR ACCESS OR USE THE RHINOGRAM SITES OR THE SERVICES.

Information We Collect

Personal Information: We collect personal and entity information (“Personal Information”) when you knowingly provide it, including when you set up a Rhinogram Account and register for the Services, when you register as a User and when you use the Services, record information or otherwise interact with us. Personal Information is information that may be used to identify or locate a person or entity, such as name, postal address, e-mail address, phone number, credit card or other payment information and other similar information, as well as other non-public information that is associated with this Personal Information. [We will not store your credit card or other payment information, but our third-party payment processors may do so.] We may collect and process Personal Information relating to your use of the Services and any details of correspondence or other social media interactions with us. We use your Personal Information to administer the Rhinogram Account you are using, to provide you the Services, to improve the Services, to fulfill your requests, to conduct surveys, to send communications and administrative emails, to respond to your inquiries and to send marketing and product update messages.

Demographic and Non-Identifying Information: We may collect and process demographic information from or about you from time to time, such as information about your gender, age, marital status, income or revenues, education level and occupation (“Demographic Information”). We may collect this information through various forms and in various places on the Rhinogram Sites, including account registration forms, “Contact Us” forms or when you otherwise interact with the Rhinogram Sites. To the extent that we combine any non-personally identifiable Demographic Information with your Personal Information that we collect directly from you on the Rhinogram Sites, we will treat the combined data as Personal Information under this Privacy Policy.

Technical Information: We collect non-identifiable information automatically when you visit the Rhinogram Sites or use the Services. Non-identifiable information is information that is not used nor intended to be used to identify an individual and is not associated with nor linked to Personal Information.

Log Data and Links: In connection with visits to the Rhinogram Sites or use of the Services, our servers automatically record information (“Log Data”) created by such visit to or use of the Rhinogram Sites or the Services. Log Data may include information such as your IP address, browser type, the referring domain, pages visited and order of visit, and search terms used. We do this to help us improve the Services.

Cookies:We use cookies on the Rhinogram Sites. “Cookies” are small pieces of information that a website sends to your computer’s web browser while you are viewing a website. We may use both session cookies (which expire once you close your web browser) and persistent cookies (which stay on your computer until you delete them) to provide you with a more personal and interactive experience. Persistent cookies can be removed or blocked by following the help file directions in your Internet browser. If you elect to block cookies, you may not be able to access certain personalized sections of our Services. We also use log files and cookies to improve the quality of the Rhinogram Sites; to keep track of your login name, passwords, and pages you have visited on the Rhinogram Sites; and to tailor content to your interests and to personalize the Rhinogram Sites on your behalf.

Device Information: We may collect information about the devices you are using when accessing the Rhinogram Sites or using the Services, including what type of device it is, what operating system you are using, device settings, unique device identifiers and crash data. Whether we collect some or all of this information often depends on what type of device you are using and its settings. To learn more about what information your device makes available to us, please check the policies of your device manufacturer or software provider.

Web Beacons: Small graphic images or other web programming code called web beacons (also known as “1×1 GIFs” or “clear GIFs”) may be included in the Rhinogram Sites’ pages. Web beacons may be invisible to you, but any electronic image or other web programming code inserted into a page or e-mail can act as a web beacon. Web beacons or similar technologies may be used for a number of purposes, including, without limitation, to count visitors to the Rhinogram Sites, to monitor how users navigate the Rhinogram Sites, to count how many e-mails that were sent were actually opened or to count how many particular articles or links were actually viewed.

Embedded Scripts: An embedded script is programming code that is designed to collect information about your interactions with the Rhinogram Sites, such as the links you click on. The code is temporarily downloaded onto your device from our web server or a third party service provider, is active only while you are connected to the Rhinogram Sites and is deactivated or deleted thereafter.

ETags: An ETag is a feature of the cache in browsers. It is an opaque identifier assigned by a web server to a specific version of a resource found at a URL. If the resource content at that URL ever changes, a new and different ETag is assigned. Used in this manner, ETags are a form of device identifier. ETag tracking may generate unique tracking values even where the consumer blocks HTTP, Flash or HTML5 cookies.

Information Third Parties Provide About You: We may, from time to time, supplement the information we collect directly from you at the Rhinogram Sites with outside records from third parties for various purposes, including to enhance our ability to serve you, to tailor our content to you and to offer you opportunities that may be of interest to you. To the extent we combine any non-personally identifiable information we receive from those sources with your Personal Information we collect on the Rhinogram Sites, it will be treated as Personal Information and we will treat the combined data as Personal Information under this Privacy Policy.

Patient Information

Except as expressly provided in the Terms of Service, we will not collect or store any patient information. We will comply with any and all applicable privacy and confidentiality laws, including without limitation the Health Insurance Portability and Accountability Act of 1996, with respect to any patient information received, transmitted, created or maintained by us from time to time.

Interactions with Third-Party Sites

The Rhinogram Sites may include functionalities that allow interactions between the Rhinogram Sites and your Rhinogram Account on a third-party website or application (a “Third-Party Site”). The use of this functionality may involve Third-Party Site operators providing certain information, including Personal Information, to us. For example, when you register with the Rhinogram Sites, you may have an option to use your Facebook, Google or other account provided by a Third-Party Site to facilitate the registration and log-in or transaction process on the Rhinogram Sites, or otherwise link accounts. If we offer and you choose to use this functionality to access the Rhinogram Sites, the Third-Party Site may send Personal Information about you to the Rhinogram Sites. If so, we will then treat it as Personal Information under this Privacy Policy, since we are collecting it as a result of your accessing of and interaction on the Rhinogram Sites. In addition, we may provide Third-Party Site interfaces or links on the Rhinogram Sites to facilitate your sending communications from the Rhinogram Sites. For example, we may use third parties to facilitate emails, text messages, blog postings, tweets or Facebook postings. These third parties may retain any information used or provided in any such communications or other activities and these third parties’ practices are not subject to this Privacy Policy. We may not control or have access to your communications through these third parties. Further, when you use third-party sites or services, you are using their services and not our services and they, not we, are responsible for their practices. You should review the applicable Third-Party Site privacy policies before using any third-party tools on the Rhinogram Sites.

Third Party Services

We may use a variety of services offered by third parties to help maintain and improve the Rhinogram Sites and the Services, to help us understand the use of the Rhinogram Sites and the Services, or simply to provide the Services. These services may store both personally identifiable information about you which we collect and the information sent by your browser as part of a web page request, such as cookies or your IP address. If any third parties are given access to your personally identifiable information, we will take appropriate measures to protect your privacy and Personal Information to which we have been given access.

How we Use and Share Personal and Other Information

Except as set forth in this Privacy Policy or as specifically agreed to by you, we will not disclose any Personal Information we gather from you on the Rhinogram Sites. We do not share your Personal Information with third parties for those third parties’ direct marketing purposes. We may provide third parties with information about you that is not personally identifiable, including when such information is combined with similar information of other users of the Rhinogram Sites. For example, we might inform third parties regarding the number of unique users who visit the Rhinogram Sites, the demographic breakdown of the registered users of the Rhinogram Sites or the activities that visitors to the Rhinogram Sites engage in while on the Rhinogram Sites.

We may use information we collect about you:

Access

If you have provided Personal Information when registering for the Services, you may access and modify that Personal Information at any time by visiting your account settings. If you cancel your account with us, we may retain your Personal Information in conformance with our data retention policy, under which we may retain such information to comply with laws, prevent fraud, resolve disputes, troubleshoot problems, assist with any investigations, enforce our Terms of Service, and take other actions otherwise permitted by law. There may be residual Personal Information that remains within our databases, access logs, and other records. In addition, we are not responsible for updating or removing your Personal Information already disclosed to third parties who have been provided information as permitted by this Privacy Policy. You can opt out of receiving marketing communications from us by clicking the “Unsubscribe” link at the bottom of each email. Please note that even if you unsubscribe or opt-out, we may still send you Rhinogram Site and Services related communications.

Information Security, Retention and Data Integrity

We take reasonable security measures to protect against unauthorized access to or unauthorized alteration, disclosure or destruction of data. These include firewalls and encryption, internal reviews of our data collection, storage and processing practices and security measures, as well as physical security measures to guard against unauthorized access to systems. All patient information resides on servers that comply with the requirements of the security standards of the Health Insurance Portability and Accountability Act of 1996, as amended (“HIPAA”). In addition, our software code resides on one set of servers and all user data and information reside on a separate set of servers. We restrict access to Personal Information to our employees, contractors and agents who need to know that information in order to operate, develop or improve our Services. These individuals are bound by confidentiality obligations and are subject to discipline, up to and including termination, if they fail to meet these obligations. However, we are unable to guarantee that the security measures we take will not be penetrated or compromised or that your information will remain secure under all circumstances.

Our Accountability

We use a self-assessment approach to assure compliance with this Privacy Policy and periodically verify that the Privacy Policy is accurate, comprehensive for the information intended to be covered, prominently displayed, completely implemented and accessible and in conformity with the promises in this Privacy Policy. We encourage interested persons to raise any concerns using the contact information provided and we will investigate and attempt to resolve any complaints and disputes regarding use and disclosure of Personal Information in accordance with this Privacy Policy.

Links to Other Sites

The Rhinogram Sites and the Services may contain links to, and allow you to share content on, third party websites and services. The fact that we link to a website or service or allow you to share content on them is not an endorsement, authorization or representation that we are affiliated with that third party, nor is it an endorsement of their privacy or information security policies or practices. This Privacy Policy applies only to the Rhinogram Sites and the Services. Other websites and services follow different rules regarding the use or disclosure of the personal information. We encourage you to read the privacy policies or statements of the other websites you visit.

Transfer of Information on Sale and For Legal Compliance

Notwithstanding anything to the contrary in this Privacy Policy or the Terms of Service: (a) upon a sale of Rhinogram or all or substantially all of its assets, we reserve the right to transfer to the purchaser of Rhinogram all data we have, including without limitation all Log Data, content and all Personal Information and non-identifiable information and (b) we will share your Personal Information if we have a good faith belief that: (i) access, use, preservation or disclosure of such information is reasonably necessary to satisfy any applicable law, regulation, legal process, such as a court order or subpoena, or a request by law enforcement or governmental authorities, (ii) such action is appropriate (A) to enforce this Privacy Policy or the Terms of Service, including any investigation of potential violations thereof, or (B) to detect, prevent, or otherwise address fraud, security or technical issues associated with the Rhinogram Sites or the Services, or (iii) such action is appropriate to protect the rights, property or safety of Rhinogram, its employees and users of the Services.

International Users

The Rhinogram Sites and the Services are hosted in the United States but some members may be able to access the Rhinogram Sites and the Services in other countries. If you access the Rhinogram Sites or the Services from the European Union, Asia, or any other country with laws or regulations governing personal data collection, use, and disclosure that they differ from the United States’ laws, please be advised that through your continued use of the Rhinogram Sites or the Services, you are transferring your personal information to the United States or any other country and you consent to that transfer. Additionally, you understand that your Personal Information may be processed in countries (including the United States) where laws regarding processing personal information may be less stringent than in your country.

General Conditions

We reserve the right to modify this Privacy Policy from time to time at our sole discretion. Any such modification will be effective immediately upon our posting of the revised Privacy Policy on the Rhinogram Sites. We will provide no other notice to you. It is your responsibility to review this Privacy Policy from time to time to ensure that you continue to agree with this Privacy Policy. If you no longer agree to this Privacy Policy after a modification, you must immediately cease using the Rhinogram Sites and the Services. All new or modified features related to the Rhinogram Sites and the Services, including the release of new features, tools and resources, will be subject to this Privacy Policy.

You understand that the technical processing and transmission of the Rhinogram Sites and the Services, including your Information, may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.

This Privacy Policy shall survive the termination of the Services.

If any portion of this Privacy Policy is determined to be illegal, invalid, or unenforceable, such illegality, invalidity or unenforceability shall not affect any other portion of this Privacy Policy. You may not assign any of your rights under this Privacy Policy to anyone else. We may assign our rights to any other individual or entity at our discretion.

This Privacy Policy is intended as a contract under and shall be construed and enforceable (both as to validity and performance), shall be interpreted and the rights and obligations of the parties shall be determined in accordance with the laws and procedures and provisions of the State of Tennessee (other than conflict of law rules which might result in the application of the laws of any other jurisdiction). We each agree to submit to the personal jurisdiction of the state and federal courts located in Hamilton County, Tennessee.

In the event that any litigation or dispute resolution procedure is utilized to enforce the provisions of this Privacy Policy, the prevailing party in such action shall be entitled to the recovery of its reasonable attorneys’ fees and expenses, court costs, dispute resolution costs and expenses, expert witness fees and expenses and such other costs as are fixed by the court or other party serving to resolve such dispute.

Questions

Any questions regarding this Privacy Policy should be addressed to privacy@rhinogram.com.

This Privacy Policy was last updated on January 1, 2016.

IN WITNESS WHEREOF and acknowledging acceptance and agreement of the foregoing, the Parties affix their signatures hereto.

©2017 Rhinogram. All rights reserved.