FallCall Solutions, LLC. HIPAA Compliant Privacy Policy

FallCall Solutions, LLC 

Privacy Policy 

HIPAA Compliant for

ElderCheck Now Application

Effective Date: 02/01/2016

 

THIS NOTICE DESCRIBES HOW MEDICAL INFORMATION ABOUT YOU MAY BE USED AND DISCLOSED AND HOW YOU CAN GET ACCESS TO THIS INFORMATION. PLEASE REVIEW IT CAREFULLY.

 

This is our Privacy Policy, which is HIPAA Compliant, for ElderCheck Now® user-to-user communication application (“ElderCheck Now”).

 

1   Definitions

 

1.1   The following definitions apply:

 

  1. "we", "our" and "us" means Fall Call Solutions, LLC, a limited liability company formed in the State of Connecticut, U.S.A. Our mailing address is 929 White Plains Road, #403, Trumbull, CT 06611.

 

  1. "you" and "your" means a user of ElderCheck Now, which includes both one (1) or multiple Caregivers for one (1) Elder, or one(1) or multiple Elders for one (1) Caregiver, as used with an iPhone(s) or Apple Watch(es)1 and supported by the website at http://www.fallcall.com, and its subdomains and online interfaces (the "Website").

 

  1. “Caregiver” means an adult, including a family member, friend or neighbor, who is monitoring and communicating with an Elder through ElderCheck Now.

 

  1. “Elder” means an adult, typically a parent, older relative or friend of a Caregiver, who is being monitored and can communicate with a Caregiver through ElderCheck Now.

 

  1. ElderCheck Now as an application enables a Caregiver to ask his or her associated Elder via a Push Notification Service the question, “Are you ok?” and enable the Elder to reply “yes” or “no” (“I’m ok / Call me”), with the Caregiver being able to store the last 100 of these responses for later reference.

 

  1. “User Content” means any content, including messages and responses, submitted by you to ElderCheck Now or generated through your use of ElderCheck Now.

 

  1. “PHI” means Protected Health Information of the Elder(s) that consists of individually identifiable health information, as may be covered under the HIPAA Privacy Rule and the HIPAA Security Rule. PHI may include demographic information we collect from you as an Elder, create, or receive from a Caregiver, health care provider, a health plan, or your employer.

 

  1. “HIPAA” stands for The Health Insurance Portability and Accountability Act of 1996 (HIPAA; Pub.L. 104–191, 110 Stat. 1936, enacted August 21, 1996) and for purposes of this Privacy Policy consists of the HIPAA Privacy Rule, located at 45 CFR Part 160 and Subparts A and E of Part 164, that covers PHI in any medium, and the HIPAA Security Rule that covers electronic PHI, located at 45 CFR Part 160 and Subparts A and C of Part 164.

 

  1. “Personal Information” is any other information about you that is not considered PHI and may include health information about you that is not individually identifiable if it does not identify you and if we have no reasonable basis to believe that it can be used to identify you.

 

  1. “De-identification” is a process by which identifiers are removed from your PHI to mitigate privacy risks to you and enables us to use the data for a secondary purpose, such as comparative effectiveness studies, marketing and use analytics, policy assessment, life sciences research, and other endeavors. Though properly applied, there is a small risk that de-identified data could be manipulated to link back to your identity.

 

  1. “Contact Us” means our email address, telephone number, and mailing address to reach us and that is set forth at the end of this Privacy Policy.

 

2.   Our duties and privacy practices with respect to PHI

 

2.1   We are required by law to maintain the privacy of PHI and to provide you with notice of our legal duties and privacy practices with respect to PHI.

 

2.2   We are required to abide by the terms of this Privacy Policy currently in effect.

 

2.3   For us to apply a change in a privacy practice that is described in this Privacy Policy to PHI that we created or received prior to issuing a revision, we reserve the right to change the terms of this Privacy Policy and to make the new provisions of this Privacy Policy effective for all PHI that we maintain.

 

2.4   Our Privacy Policy may change from time to time. We will not reduce your rights under this Privacy Policy without your consent in accordance with applicable law. We will post any Privacy Policy changes on this page and, if the changes are significant, we will provide a more prominent notice (including, for certain services, email notification of Privacy Policy changes). We will also keep prior versions of this Privacy Policy in an archive for your review.

 

3 .   Your rights with respect to PHI

 

3.1   You have a right to request restrictions on certain uses and disclosures of PHI but we are not required to agree to a requested restriction,

 

3.2   You have a right to receive confidential communications of PHI.

 

3.3   You have a right to inspect and copy PHI.

 

3.4   You have a right to amend PHI.

 

3.5   You have a right to receive an accounting of disclosures of PHI.

 

3.6   You have a right to obtain a paper copy of this Privacy Policy from us even if you have received this Privacy Policy electronically.

 

4.   Description of Permitted or Required Uses or Disclosures of your PHI

 

4.1   We are required by Federal law to maintain the privacy of your PHI, which could relate to your past, present or future physical or mental health or condition, or the provision of health care to you.

 

4.2   We collect, use, store, and transmit Personal Information through the use of ElderCheck Now. This includes your location as determined via GPS in your device. Personal Information that we collect or use is apparent from ElderCheck Now interface.

 

4.3   This Privacy Policy applies only to information we collect at and through ElderCheck Now. Please be aware that we are not responsible for the privacy practices of any third party sites.

 

5.   Examples of Uses and Disclosures of your PHI

 

5.1   When you use ElderCheck Now, the application collects Personal Information from you, including: 

 

  1. Name.

  2. Caregiver’s email address.

  3. Telephone number.

  4. The heart rate per minute of the Elder(s).

  5. The location(s) of the Elder’s iPhone(s) or Apple Watch(es) at the time of Elder response.

  6. Check-in and response times of the Caregiver and Elder including historical check-ins and responses.

  7. On the Caregiver’s ElderCheck Now, the application uses a passcode to unlock the encryption of ElderCheck Now and/or biometrics, such as a fingerprint recognition system, to unlock the encryption of ElderCheck Now. Such individual information when using these features might constitute PHI. ElderCheck Now does not transmit this information to another device.  Passcode lock is a mandatory feature for security purposes, however, the use of biometric unlock may be turned “on” or “off.”

  8. On either a Caregiver’s or Elder’s ElderCheck Now, there also is also a setting that adjusts colors on your iPhone(s) or Apple Watches. Such individual information when using this feature might constitute PHI. ElderCheck Now does not transmit this information to another device and you may decide to use or not use these settings yourself, including turning them “on” or “off.”  

 

5.2 The ElderCheck Now application stores Caregiver Personal information including email address, Caregiver pictures (not elder), and Caregiver names on their personal device and a secure third party server in conjunction with the Caregiver’s unique identifier for the purposes of application function.  We maintain access to the server for the purposes of maintenance, analytics, support and updates, however, the information on the server will not be used for marketing and will not be provided to third parties for advertising and/or other purposes.  The application encrypts Personal Information and Elder transmitted PHI on the Caregiver’s device and is non-discernable. 

 

5.3 ElderCheck Now will collect information about the Elder’s heart rate, GPS location, request/response history and account information or other identifying information, which in the aggregate could constitute PHI when accessed by a Caregiver using a passcode or biometric to unlock the encryption protection on the Caregiver’s local device. Therefore, it is the responsibility of the Caregiver to use safeguards provided by the application (i.e., the auto-lock function) to ensure that this PHI is encrypted. During transmission through the application’s server, the Elder’s responses, which include PHI as above, is de-identified, encrypted through the latest protocols, and transmitted through a unique identifier assigned to their paired Caregiver.  Once encrypted, we consider this as “Personal Information” and no longer as PHI during the transmission. The unique identifier will be assigned during the Caregiver’s setup process, which is prior to the Elder pairing process.  On the Elder’s device, their last recorded heart rate will be shown on a dismissible, “confirmation sent“ screen following an Elder’s response to a check-in or a sent status update, however, a record of an Elder’s heart rate or location data will not be stored on their personal device. 

 

5.4 You must be at least 17 years old to purchase and use this application.  Use of ElderCheck Now by minors age 13-16 is by agreement of the minor's parent. Any user age 13-16 must have his or her parent agree to the terms of this privacy policy. By accessing ElderCheck Now, you acknowledge that you are 17 years or older or, if not, that you are at least 13 years old and your parents have read and agreed to the terms of this privacy policy. If you believe we have collected personal information from a child under the age of 13, please contact us.

 

5.5 In some circumstances, we may use information about you and your iPhone(s) or Apple Watch(es) collected through ElderCheck Now to design or implement updates or provide you with requested support. As described above, we also collect information from you so that we can provide the information in the following manner: 

 

  1. We will not share any PHI.

  2. We may provide Personal Information from you to third parties who provide hosting services and URL shortening services to support ElderCheck Now. They gather information through ElderCheck Now for storage on servers that are hosted and controlled by a third party. However, we do not expect these third parties to access your User Content other than for system maintenance purposes.

  3. We may disclose any information, including Personal Information, that we deem necessary to comply with any applicable law, regulation, legal process, subpoena or enforceable governmental request, to enforce our rights, to protect the safety and security of ElderCheck Now or other users of ElderCheck Now, or to otherwise share information with others when we have a good-faith belief that access, use, preservation or disclosure of the information is reasonably necessary to do.

  4. We might share Personal Information with any parent or subsidiaries, or other entities which have a controlling interest in us or are controlled by, or are under common control with, us. In this case, we will request that these parties honor this Privacy Policy with respect to any shared information. Also, should we undergo a merger, change of control or sale of all or substantially all of our assets. we may transfer Personal Information to the actual or intended successor organization in such transaction or permit its examination (under confidentiality restrictions) by our counterparty, the new owner, or its representatives.

 

6. Access to your information and choices

 

6.1 You can delete or change the information you entered through ElderCheck Now within ElderCheck Now itself. If you have additional questions or concerns, or would like more specific information about our practices with respect to Personal Information, you can Contact Us. You may close your account with us by changing your Elder(s)’s device within the settings of ElderCheck Now. 

 

7. Security of your information

 

7.1 The security of your information and data while using ElderCheck Now is very important to us. The ElderCheck Now employs a variety of technical safeguards to protect the confidentiality, integrity, and availability of Personal Information including supporting Transport Layer Security (TLS)/Secure Sockets Layer (SSL) certificate technology and encryption to prevent unauthorized parties from reading data entered through ElderCheck Now. We also use a cloud services instance to store a unique random alphanumeric identifier that is generated when the Caregiver is entering information during the onboarding process and a cloud server/Apple Notification instance to route Push Notifications to and from the Caregiver’s and Elder’s iPhones. The latter may be encrypted at our option. 

 

7.2 Transmissions to and from the iPhone(s) or Apple Watch(es) are encrypted. While we take reasonable logistical and technical steps to keep Personal Information secure, no transmission over the Internet or a mobile network can be totally secure, and we cannot guarantee that a breach will never occur. We do use industry standard physical, technical and administrative security measures and safeguards to protect the confidentiality and security of Personal Information. However, since the Internet is not a 100% secure environment, we cannot guarantee, ensure, or warrant the security of any Personal Information you transmit to us. There is no guarantee that Personal Information may not be accessed, disclosed, altered, or destroyed by breach of any of our physical, technical, or managerial safeguards. It is your responsibility to protect the security of your login information. 

 

7.3 Please note that emails and other communications you send to us through our Website are not encrypted, and we strongly advise you not to communicate any confidential information through these means.

 

8. Consent to data processing

 

8.1 To the extent that our Site is operated and managed on servers located within the United States, residents and citizens of countries and jurisdictions outside of the United States who use and access our Site agree and consent to the transfer to and processing of Personal Information on these servers. To the extent that our Site is operated and managed on servers located outside of the United States, the protection of such Personal Information may be different than required under the laws of your residence or location.

 

9. Your right to revoke your authorization

 

9.1 To the extent that we desire to use or disclose your PHI for purposes other than set forth above, it will only be done with your written authorization and you may revoke your authorization at any time provided that your revocation is in writing and sent to Contact Us. Upon receipt, your revocation will be honored by us, except to the extent that we have taken action in reliance of your authorization to use your Personal Information (and not PHI).

 

10. Complaints

 

10.1 You may complain to us and to the Secretary of Human Health and Services if you believe your privacy rights have been violated. If you have any questions, concerns, complaints or suggestions regarding this Privacy Policy or otherwise need to contact us, go to Contact Us below to communicate with us. We will not retaliate against you for filing a complaint.

 

11. Contact us

11.1 Contact us as follows:

Email: solutions@fallcall.com

Telephone: (203) 736-7647

US Mail: FallCall Solutions, LLC

929 White Plains Road, #403 Trumbull, CT 06611

 

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