Privacy Policy

Effective Date: September 1, 2019

This Privacy Policy discloses the policies and practices of FetchMD (“FetchMD,” “we” or “us”) concerning information we obtain by and through your use of our website at http://fetchmd.com/, the FetchMD mobile application, (the application and the website are collectively referred to as the “Application”) and the services provided through the Application (collectively, the “Services”). We are committed to respecting your privacy and recognizing your need for appropriate protection and management of personally identifiable information and health information you share with us. We created this Privacy Policy (“Privacy Policy”) to let you know how we protect, collect, use, share and store the information collected through the Application and/or Services as well as how you can access, review and make choices regarding your information. 

For the purposes of this Privacy Policy, the terms user,” “users,” “you,” or “your” refer to all persons (including Clients) who access or use the public portion of the Application and/or the Services. “Client” or “Clients” refer to those individuals registered with FetchMD through the Application and who engage Providers (defined below) to provide medical services at their home or other location as well as virtually via video-conferencing through the Application.

Acceptance 

PLEASE REVIEW THIS PRIVACY POLICY CAREFULLY

BY DOWNLOADING, ACCESSING, OR USING THE APPLICATION OR SERVICES, AND/OR BY REGISTERING WITH US OR PROVIDING INFORMATION TO US IN CONNECTION WITH THE APPLICATION, YOU ACCEPT THE PRACTICES AND POLICIES OUTLINED IN THIS PRIVACY POLICY, AND YOU HEREBY CONSENT TO OUR COLLECTION, USE, AND SHARING OF YOUR INFORMATION AS SET FORTH IN THIS PRIVACY POLICY. IF YOU ARE REGISTERING AN ACCOUNT OR USING THE SERVICES ON BEHALF OF AN INDIVIDUAL OR ENTITY OTHER THAN YOURSELF, YOU REPRESENT THAT YOU ARE AUTHORIZED BY SUCH INDIVIDUAL OR ENTITY TO ACCEPT THIS PRIVACY POLICY ON SUCH INDIVIDUAL’S OR ENTITY’S BEHALF.

Your use of the Application is also subject to our Terms of Service, which are available at 

https://fetchmd.com/terms-of-service/ and are expressly incorporated into and made a part of this Privacy Policy by reference.

Changes to this Privacy Policy

We may change this Privacy Policy at any time and changes to this Privacy Policy will become effective when we make the revised Privacy Policy available through the Application. We will update the “Effective Date” at the top of this Privacy Policy if we make any such changes to this Privacy Policy. Your use of the Application or the submission of any information in connection with the Application following any change means that you accept the revised Privacy Policy.

Collection of Information 

  1. Information That You Give Us

When you register for an account in order to access the Application and use our Services we collect personal information that can identify you (“Personally Identifiable Information” or “PII”) that includes, but is not limited to: (i) your name and your contact data (such as your email address, phone number and billing and physical addresses); (ii) demographic data (such as your gender and your date of birth); (iii) insurance information (such as Client’s insurance provider and insurance group number); (iv) payment information (such as Client’s credit or debit card number) or financial institution information (such as Provider’s deposit account information); (v) name and address of Client’s employer; (vi) family member names and dates of birth (for primary’s dependents) of Clients; and (vii) professional information regarding licensing, certification and other background information of Providers. We also may collect PII or protected health information (“Protected Health Information” or “PHI”) from a Client when the Client creates a profile, completes a health history or survey or makes a request for a licensed physician assistant or advance practice nurse (a “Provider”) to provide non-emergency general adult or pediatric healthcare services at Client’s home or other location or virtually via video-conferencing through the Application (a “Visit”). This may include, but is not limited to: (i) date and time of a Visit; (ii) name of the Provider with whom the Visit is scheduled; (iii) Client’s symptoms and any information added to Client’s electronic medical record regarding the Visit; and (iv) the location of the Visit. 

The information that we collect varies depending upon how you use our Services. When a Client registers for an account, the Client will need to provide us with health-related information that a Provider will need to determine whether he/she is the best match for providing medical services to the Client. When a Provider registers for an account, the Provider will need to provide us with information relating to their license, certifications, specialties and other professional information. 

  1. Other Information We Collect

Tracking and/or Analytics Services. We may use tracking and/or analytics services with your use of the Application. On your mobile device these services may record unique mobile gestures such as tap, double-tap, zoom, pinch, scroll, swipe and tilt but do not collect personally identifiable information that you do not voluntarily enter in the Application. These services do not track your browsing habits across mobile applications that do not use the same services. When you use our website these services may include collecting information such as your IP address, browser type, domain names, access times and referring website addresses. We use the information collected by these services to understand user behavior and optimize the performance of our website.

Non-Personally Identifiable Information. We also collect non-Personally Identifiable Information that is not health or medical information in the form of statistics and information regarding a user’s statistics and metrics obtained from third party devices (for example, GPS coordinates, etc.), which may be combined with personal information you submit through the Application and/or Services so that you can fully enjoy the benefits of the Application’s tracking, monitoring, and diagnostic tools. We may also request the following optional information as part of a Client’s profile so the Client can fully enjoy the features and functions of our Services: weight, height, and gender.

Location Data and Multimedia. Your use of the Application may also include collection of information from your mobile device. For example, the Application may request your permission to collect location data and/or may request access to multimedia (photos or videos) stored on your mobile device. Location data is not required for your use of the Application, and you have the option of declining collection of geolocation data. If you do not wish for your location data to be shared with FetchMD, please respond accordingly when prompted on your mobile device, or update the settings on your mobile device. Multimedia will only be collected from your device if you affirmatively select it to upload to the Application (i.e. you choose an image or video to store within the Application). Multimedia will not be shared with the exception of your profile photo, which will appear in your user profile and may be shared with Providers and Clients, as applicable.

Cookies. Our Application may use cookies and other technologies to collect information. Cookies are small bits of information that our Application places on the hard drive of your computer. We may use cookies to facilitate your login processes; allow you to personalize and store your settings; collect usage information; determine our total audience size and traffic; and help us improve our Application by measuring which areas are of greatest interest to users.

Web Beacons. We may also use web beacons (invisible images often referred to as pixel tags or clear GIFs) in order to recognize users and assess traffic patterns, and we may include web beacons and cookies in our email messages in order to count how many email messages have been opened.

How we Use Your Information 

Generally, we may use information in the following ways:

  • For the purposes for which you specifically provided the information including, without limitation, to enable us to create your account, provide you with the Services and respond to correspondence that we receive from you.
  • To schedule and provide services related to the scheduling of Visits, for example, to: (i) send a confirmation of the scheduled Visit; (ii) communicate with Client and/or Provider regarding Client’s health status, the Visit and related services provided by a Provider; (iii) obtain or facilitate payments for Visits and send Client payment receipts; and (iv) provide Client and Provider with related customer service.
  • To confirm that the Visit was performed by the Provider.
  • To provide, maintain, administer or expand the Services, perform business analyses, or for other internal purposes to develop improved features and functionalities for the Application, improve or enhance our business, the Services, and other products and services we may offer.
  • To provide information regarding the Application and any changes to our Terms of Service, this Privacy Policy and other policies.
  • To notify you about our products, services, and special offers, except that we will not use a Client’s PII for marketing purposes without prior written consent.
  • To provide marketing and other promotional materials.
  • To send you information about your relationship or transactions with us.
  • To allow us to personalize and tailor your experience on the Application.

We use non-Personally Identifiable Information for purposes such as measuring the number of users utilizing various features of the Application, making the Application more responsive for users and delivering targeted advertising and non-advertising content. We may also use non-Personally Identifiable Information (for example, statistics regarding use and metrics) for research purposes, for marketing and promotional purposes, and to develop new features and functionality. We use IP addresses to analyze trends, administer the Application, track a visitor’s movement, and gather demographic information for aggregate, non-personally identifiable use.

You acknowledge that unless you request in writing otherwise, FetchMD, in its sole discretion, has the right but not the obligation to store any information, whether PII or otherwise, perpetually, to the extent permitted by law. If you wish for any information about you to be removed from our database, please contact us through the contact information provided below in the “How to Contact Us” section of this Privacy Policy. 

Sharing your Information 

Except as otherwise described in this Privacy Policy, or if we inform you otherwise at the time of data collection and receive your consent where required, we will not sell, trade, or share your information with third parties.

We may share your information as follows:

  1. Providers: We will share Client information with the Providers to schedule Visits, provide the Services and process payments. The Provider may contact Client via telephone or text messaging through the Application prior to being dispatched to Client’s location to ensure that they are equipped to handle Client’s medical case. Any PHI that we collect from a Client will be kept private and secure, as required by law.
  2. With Our Affiliates: We may share your PII with our affiliates for the purposes described in this Privacy Policy in accordance with applicable law. 
  3. With Third-Party Service Providers: We may use other companies to perform services including, without limitation, facilitating some aspects of our Application such as processing payments, initiating credit transactions, data analysis and sending emails. These other companies may be supplied with or have access to your PII solely for the purpose of providing these services to you on our behalf. Such service providers shall be bound by appropriate confidentiality and security obligations, which may include, as applicable, business associate contract obligations.
  4. Special Circumstances: We also may disclose your PII:
  • In response to a subpoena or similar investigative demand, a court order, or other request from a law enforcement or government agency where required by applicable law.
  • When disclosure is required or allowed by law in connection with efforts: (i) to investigate, prevent, or take other action regarding illegal activity, suspected fraud or other wrongdoing; (ii) to protect and defend the rights, property or safety of our company, our users, our employees, or others; (iii) to comply with applicable law or cooperate with law enforcement; (iv) to notify emergency services or a Client’s family members, personal representative or other individuals involved in a Client’s care of his/her location and condition at our discretion under emergency circumstances; (v) to enforce our Terms of Service or other agreements or policies; or (vi) to allow us to pursue available remedies or limit the damages that we may sustain.
  • In connection with a corporate transaction, such as the sale of all or a portion of our business, a divestiture, reorganization, merger, consolidation, or asset sale, or in the event of bankruptcy, as required or allowed by law.

SPECIAL NOTICE FOR CLIENTS: IF YOU ELECT TO MAKE YOUR PROFILE (OR THAT OF A MINOR OR FAMILY MEMBER) VIEWABLE BY PROVIDERS, ALL INFORMATION (EXCLUDING PERSONAL CONTACT INFORMATION) THAT YOU INCLUDE IN THAT PROFILE MAY BE VIEWED BY PROVIDERS. YOU SHOULD NOT ENTER ANY INFORMATION IN THE PROFILE THAT YOU (OR ANOTHER PERSON) WISHES TO REMAIN CONFIDENTIAL. IN ADDITION, A CLIENT WHO MAKES A REQUEST FOR A VISIT ON BEHALF OF A MINOR OR OTHER FAMILY MEMBER WILL HAVE ACCESS TO THE PHI OF THE MINOR OR OTHER FAMILY MEMBER RESULTING FROM THE VISIT.

Health Information Privacy Policies 

The Health Insurance Portability & Accountability Act of 1996 (HIPAA) is a federal program requiring that all medical records and other individually identifiable health information used, or disclosed, by us in any form, whether electronically, on paper, or orally, are kept properly confidential. This Act gives Clients significant rights to understand and control how their health information is used. HIPAA provides penalties for covered entities that misuse personal health information.

We may use and disclose a Client’s medical records for each of the following purposes: treatment, payment, and health care operations:

  • Treatment – providing, coordinating, or managing health care and related services by one or more Providers
  • Payment – activities such as obtaining payment or reimbursement for services, billing or collection activities and utilization review.
  • Health Care Operations – managing a Client’s electronic medical record to facilitate diagnostic medical consultations with Providers, as well as conducting quality assessment review and service improvement planning activities, auditing functions, cost-containment analysis, and customer service.

We may also (i) create and distribute de-identified health information by removing all references to individually identifiable information and (ii) contact you to provide information about our services or other health-related services that may be of interest to you. Any other uses and disclosures will be made only with your written authorization. You may revoke such authorization in writing and we are required to honor and abide by that written request, except to the extent that we have already taken actions relying on your authorization.

Clients have the following rights with respect to their PHI, which Clients can exercise by presenting a written request to FetchMD via email at support@fetchmd.com, this includes the right to:

  • ask for restrictions on the ways we use and disclose PHI for treatment, payment, and healthcare operations. We will consider your request, but are not required to accept it.
  • request that Client receives communications containing PHI from us by alternative means or at alternative locations. 
  • inspect and copy medical, billing and other records used to make decisions about a Client except under certain circumstances. We may charge a nominal fee for copying and postage.
  • ask us to correct the existing information or add missing information if Client believes that information in her/her records is incorrect or incomplete. We may deny the request when the information is accurate and complete.
  • receive a list of certain instances when we have used or disclosed Client’s medical information. If Client requests this information more than once every twelve months, charges may apply, to cover our costs for administration, archive retrieval, copying, packaging, and postage.

How We Protect Your Information 

All data is stored and transferred by means that meet or exceed standards defined by HIPAA. We use commercially reasonable administrative, technical, and physical measures to safeguard PII and PHI in our possession against loss, theft and unauthorized use, disclosure or modification. We follow generally accepted industry standards to protect the information submitted to us, both during transmission and once we receive it. No method of transmission over mobile applications or data storage system is 100% secure. Therefore, while we strive to make all reasonable efforts to use commercially acceptable means to protect your personal information, we cannot guarantee its absolute security.

In the unlikely event of a data breach, you will be notified as soon as reasonably possible, in accordance with applicable law. Furthermore, we are not responsible for any breach of security or for the actions of any third parties that receive the information.

Our safeguards to protect the security and privacy of your PII and PHI, as applicable, include, without limitation, the following measures:

  1. Our infrastructure is kept in a secured data center that protects against unauthorized access to the physical servers, backups and any element used to store and/or process personal data. Only authorized personnel subject to contractual obligations on use and confidentiality of your information can access the data center.
  2. Our systems and databases are backed up regularly to help protect the data in case of an incontrollable catastrophe. The data center that stores our servers has policies and procedures in place designed to safeguard the equipment that our data is stored on.
  3. We regularly upgrade our system software to include the latest security features.
  4. Our servers are protected by a firewall system, which is designed to keep unwanted traffic or access out of our computer network. We also use security methods to determine and verify the identity of each registered user, so that appropriate rights and restrictions can be enforced for that user.
  5. All communication between our Web server, your browser and our Application is encrypted with SSL (Secure Sockets Layer) to guard against network eavesdroppers. Your password is internally encrypted in our system to prevent unauthorized access to the system.

How to Access or Update Your Information 

You have the ability to review and update your personal information, including PHI, if applicable, through your account by visiting the account management section on the Application or by contacting us at the email address provided in the “How to Contact Us” section of this Privacy Policy.

Your Choices Regarding Our Use of Your Personal Information

We give you choices regarding our use of your PII for marketing purposes. Specifically, you may opt-out from receiving marketing-related emails from us. If you no longer want to receive marketing-related emails from us, you may opt-out of receiving such e-mails by sending an email to support@fetchmd.com.

We will try to comply with your request(s) as soon as reasonably practicable. Please also note that if you do opt-out of receiving marketing-related messages from us, we may still send administrative messages to you; you cannot opt-out from receiving administrative messages.

Use of the Application by Minors 

The Application and/or Services are not intended for use by, or directed to, children under the age of 13, and we do not knowingly collect information from anyone under the age of 13. Children under the age of 13 may not use the Application and/or Services.

By accessing, using and/or submitting information to or through the Application, you represent that you are not younger than age 13. If we learn that we have received any information directly from a child under age 13, we will use that information only to respond directly to that child (or his/her parent or legal guardian) to inform the child that he/she cannot use the Application and/or Services and subsequently we will delete that information.

If you are between age thirteen (13) and the age of majority in your place of residence, you may use the Application only with the consent of or under the supervision of your parent or legal guardian. If you are a parent or legal guardian of a minor child, you may, in compliance with the Terms of Service, use the Application on behalf of such minor child. Any information that you provide us while using the Application or receiving Services on behalf of your minor child will be treated as PII and PHI as otherwise provided herein.

Links to Third Party Sites 

Our Application may contain links to websites or applications operated and maintained by third-parties, over which we have no control. Privacy policies for these third-party sites and applications may be different from our Privacy Policy. You access these third-party sites and applications solely at your own risk. You should always read the privacy policy of a linked site or application before disclosing any personal information on such site and/or through such application. FetchMD is not responsible for information you submit to third-parties.

Notice of Violations 

If you believe that FetchMD or a Provider has violated your privacy rights, you should contact us at the email address provided below. 

How to Contact Us 

If you have any questions, comments or concerns about our Privacy Policy, you may contact us at support@fetchmd.com.