ihr.health Privacy Statement

This Privacy Statement (“Statement”) describes the personal data that ihr.health collects, how we use it, and when we share it, as we interact with you, deliver our products and services, and conduct our business operations.

This Statement applies to ihr.health LLC, referred to in this Statement as “ihr.health.” When we refer to ihr.health “Products”, we mean all ihr.health products and services provided at clouds.health (the “Site”).

1. What Personal Data Do We Collect

   ihr.health collects personal data when we deliver our products, conduct marketing, and run our business operations.

   We may collect personal data directly in the following situations:

   • When you purchase or use the Products, or use our support services, we may collect contact information such as your name, email address, physical address, telephone number, and financial and payment details, together with information on the ihr.health Products you buy or use.
   • If you engage with ihr.health for marketing purposes, such as by expressing interest in ihr.health Products through a web form, participating in a promotion, or attending a ihr.health or other marketing event, we will collect the information you submit to us, such as your contact details (including name, email address, phone number, organization and job title) and the ihr.health Products that interest you.
   • We may also collect other electronic data from your use of our Sites automatically. This data may include your IP address, date/time stamp, data about your interaction with our Sites and data collected from our use of cookies and similar tracking tools.

   Through our Products, we may collect personal data directly in the following situations:

   • When you use ihr.health voice recognition technology, whether by using Image Health Record’s own Products or by using third party products, we may capture your voice and the words that you speak into the Product.
   • If you use a ihr.health medical information Product, we will collect the personal data, healthcare information, and healthcare images you submit.
   • We may also collect other electronic data derived from your use of our Products. This data may include your IP address, usage data, and data showing your registration and use of ihr.health Products. Except for IP address and unique device identifiers, we generally collect this data on an aggregate and non-identifying basis.

   ihr.health may collect personal data indirectly in certain situations, in particular:

   • We provide medical voice recognition, medical imaging, transcription, and clinical documentation Products to hospitals and medical providers. To deliver these Products, we may collect patient data both directly from our healthcare customers as well as from vendors serving our healthcare customers such as individual doctors, imaging and laboratory services providers, and electronic health record service providers. This patient data may include name, address, birthdate, medical record number, diagnosis, image, and treatment information. Where consent is required for the collection and use of medical information, ihr.health will obtain consent if we interact directly with patients. However, if we are processing personal data on behalf of a third party that has direct patient access, it will be the third party’s responsibility to obtain the consent.
   • We obtain contact information, including name, email address, phone number, organization, and job title, from our resellers and distributors, from public sources, and from third-party mailing lists.

2. How We Use Personal Data

   General Business Operations

   • We use contact information to market, sell, and service ihr.health Products, subject to your consent where required by law. We allow recipients of marketing messages and collateral to opt out of receiving further communications from ihr.health at any time without detriment here. This choice does not apply to transactional service communications that are part of our business solutions or informational communications that have their own unsubscribe option included in the message.
   • We use your financial or payment information, and your contact details, to support, establish, and conduct customer relationships if you were to purchase a ihr.health Product. For example, your data would be necessary for the performance of our terms of service with you (including, for example, completing purchase transactions, fulfillment of an order, order confirmations, responding to requests for information about products and services, and the provision of purchased products and services). If you fail to provide the personal data we need, we may be unable to complete your transaction.

   Data Processed Within Our Products

   • We use the personal data that is processed within our Products, and any personal data contained within product usage data we collect, to deliver our Products sold to ihr.health customers and for our legitimate interests and business purposes in tuning, maintaining, enhancing, and developing Products. We never use this data, referred to as “Product Personal Data,” for marketing purposes; and we never sell or transfer your data to third parties for the third party’s own purposes.
   • We use aggregated, non-identifying, electronic data collected from use of our Sites and Products to operate, analyze, improve, and develop our Sites and Products. This information is not used to inform decisions about specific individuals; rather, it is processed to understand how different categories of users interact with our Sites and Products so that we can consistently provide our Products.

3. Why We Use Personal Data

   We collect, process, use and store your personal information for the following business and commercial purposes in accordance with our legitimate business interests and legal requirements or with your consent where required:

   • to provide you with information in response to your requests;
   • to maintain the accuracy of the information we collect;
   • to help us develop new Products or features that meet your needs;
   • to maintain contact data about you or a third party (such as, your employer);
   • where necessary to protect or conduct our business and pursue our, or our affiliates’, legitimate business interests, which include the security of our systems and our operations and the exercise or defense of legal claims;
   • to comply with privacy laws and other regulations such as to manage consent requirements;
   • to give you a customized interactive experience;
   • to measure interest in our various Products;
   • to inform you about new Products or features and functionalities;
   • to keep you up‑to‑date with latest product and solution offerings and other business related items from ihr.health or third parties which may be of interest to you;
   • to occasionally send you push notifications, which you may opt‑out of by turning them off at the device level through your settings.

4. When We Share Personal Data

   We do not sell your personal information.

   ihr.health does not sell your personal information. However, we may share certain personal information for a business purpose. If we share your personal data with affiliates, co-development partners, or with vendors acting on our behalf, we do so under binding agreements that require the third party to use and protect the personal data in accordance with the principles described in this Privacy Statement. These third parties are authorized to use your personal data only as necessary to provide services to us.

   We may share Personal Data in the following situations:

   • With our affiliates and subsidiaries and with vendors acting on our behalf to perform services for ihr.health for a specific business purpose, support the Sites or the delivery of Products;
   • With the customer on whose behalf and at whose direction we are processing the data;
   • When we have your consent to use your Personal Data for a specific purpose, including without limitation with our resellers and distributors for them to provide information about our products or services to you. You may opt out of this sharing with resellers and distributors by following the instructions described in the “Control Of Your Personal Data” section below.

   We may share personal data with our affiliates, co-development partners, subsidiaries, resellers, suppliers, sub-contractors, and distributors, and with vendors acting on our and their behalf, to service our customers and perform any contract we enter with you (including, for example, with resellers who support our management of potential clients and vendors who conduct transcription in connection with our products and services).

   We may also share aggregated, anonymous, or non-identifiable electronic data with our affiliates, co-development partners and with vendors acting on our behalf.

   We share personal data derived from Site usage (excluding Product Personal Data), with analytics and search engine providers that assist us in the improvement of our Sites, subject to the cookie section of this Privacy Statement. Our Site uses Google Analytics and we may enable the IP anonymization feature. The way Google collects and processes data when delivering Google Analytics is described here: www.google.com/policies/privacy/partners/(Open a new window).

   We may also share personal data to comply with law and legal process, to respond to governmental inquiries and lawful requests from by public authorities (including to meet national security or law enforcement requirements), and to protect life, property, or the security of ihr.health or its customers. If ihr.health enters any merger, acquisition, or asset sale of all or any part of its business, personal data held by ihr.health may be transferred to a buyer or successor entity.

5. Control Of Your Personal Data

   You can change your preferences to opt out of marketing communications at any time by following the opt-out instructions contained in the communications or emailing us at privacy@ihr.health. If you opt out, we will retain your email address to confirm that we do not send you further communications.

   If you have submitted Product Personal Data to ihr.health using your own user account which allows you to control your own data, you may delete the data you submitted by logging into your account and following the guidelines in the help system.

6. Security and Retention

   We follow generally accepted standards to protect the personal data submitted to us, both during transmission and once it is received. Information you provide to us is stored on our secure servers. Any payment transactions will be encrypted using current PCI-DSS standards. If ihr.health has issued you a password, you are responsible for keeping the password confidential.

   We retain personal data to the extent necessary to provide Products to our customers. Generally, we retain personal data as required for our business operations or by applicable laws. Different retention of personal data may be necessary under contractual terms with the data controller for whom we provide services, for fraud prevention, to identify technical problems, or to resolve legal proceedings.

   We may retain non-personally identifiable aggregate information beyond this time for research purposes and to help us improve and further develop our Products. You cannot be identified from aggregate information retained or used for these purposes. Where we process personal information for marketing or business analytic purposes or with your consent, we process the data until you ask us to stop and for a short period after this (to allow us to implement your requests). We also keep a record of the fact that you have asked us not to send you direct marketing or to process your data so that we can respect your request in the future.

7. Children

   ihr.health does not sell services to children and does not knowingly collect personal data directly from children under the age of 16. Personal data collected, retained, used or disclosed about children under 16 as part of the Products is subject to HIPAA. If you become aware that a child under the age of 16 has submitted personal data to ihr.health, please send us an email at privacy@ihr.health with a description of the personal data that allow us to properly, understand, evaluate and respond to your concern.

8. California Residents Rights

   If you are a California resident, as defined in the California Code of Regulations, you have rights under the California Consumer Privacy Act of 2018 ("the CCPA"). Below are the disclosures about your personal data and a description of your rights.

   Categories of information we collect and disclose for a business purpose

   We may collect the following categories of personal information, as defined in the CCPA, from you in connection with the products and services you have purchased from ihr.health. In addition, during the past twelve months, we may have disclosed these categories of personal information for a business purpose:

   • Identifiers, such as your real name, alias, postal address, unique personal identifier, online identifier, Internet Protocol address, email address, account name, and other similar identifiers.
   • Personal information categories listed in the California Customer Records provisions, including telephone number, and payment information, such as your credit card number.
   • Healthcare Information
   • Characteristics of protected classifications under California or federal law, such as your gender and age.
   • Commercial information, such as the record of ihr.health products or services purchased, obtained or considered.
   • Internet or other electronic network activity information, such as session logs.
   • Geolocation data.
   • Audio, electronic, visual, or similar information, such as voice recording, voice prints, keystrokes and photos.
   • Inferences drawn from any of the above information to create a profile reflecting your preferences, characteristics, behavior, abilities, and aptitudes.

   According to California law, personal information does not include:

   • Publicly available information from government records.
   • De-identified or aggregated consumer information.

   Your Rights and Choices

   In addition to the above, the CCPA provides you with specific rights regarding your personal information. This section describes your CCPA rights and explains how to exercise those rights.

   Access to Specific Information and Data Portability Rights

   You have the right to request, up to 2 times a year, that we disclose certain information to you about our collection and use of your personal information over the past 12 months. Once we receive and confirm your verifiable consumer request, we will disclose to you:

   • The categories of personal information we collected about you.
   • The categories of sources for the personal information we collected about you.
   • Our business or commercial purpose for collecting or selling that personal information.
   • The categories of third parties with whom we share that personal information.
   • The specific pieces of personal information we collected about you (also called a data portability request).
   • If we sold or disclosed your personal information for a business purpose, two separate lists disclosing:
   • sales, identifying the personal information categories that each category of recipient purchased;
   • disclosures for a business purpose, identifying the personal information categories that each category of recipient obtained.

   We do not provide these access and data portability rights for B2B personal information. You may send us a request to correct inaccurate personal information.

   Deletion or Correction Request Rights

   You have the right to request that we delete or correct your personal information that we collected from you and retained, subject to certain exceptions. Once we receive and confirm your verifiable consumer request, we will delete (and direct our service providers to delete) or correct, as applicable, your personal information from our records, unless an exception applies.

   We may deny your deletion request if retaining the information is necessary for us or our service provider(s) to:

   • Complete the transaction for which we collected the personal information, provide a good or service that you requested, take actions reasonably anticipated within the context of our ongoing business relationship with you, fulfill the terms of a written warranty or product recall conducted in accordance with federal law, or otherwise perform our contract with you.
   • Detect security incidents, protect against malicious, deceptive, fraudulent, or illegal activity, or prosecute those responsible for such activities.
   • Debug products to identify and repair errors that impair existing intended functionality.
   • Exercise free speech, ensure the right of another consumer to exercise their free speech rights, or exercise another right provided for by law.
   • Comply with the California Electronic Communications Privacy Act (Cal. Penal Code § 1546 et. seq.).
   • Engage in public or peer-reviewed scientific, historical, or statistical research in the public interest that adheres to all other applicable ethics and privacy laws, when the information’s deletion may likely render impossible or seriously impair the research’s achievement, if you previously provided informed consent.
   • Enable solely internal uses that are reasonably aligned with consumer expectations based on your relationship with us.
   • Comply with a legal obligation.
   • Make other internal and lawful uses of that information that are compatible with the context in which you provided it.

   We do not provide these deletion rights for B2B personal information.

   Non-discrimination

   We will not discriminate against you for exercising any of your CCPA rights. Unless permitted by the CCPA, we will not:

   • Deny you goods or services.
   • Charge you different prices or rates for goods or services, including through granting discounts or other benefits, or imposing penalties.
   • Provide you a different level or quality of goods or services.
   • Suggest that you may receive a different price or rate for goods or services or a different level or quality of goods or services.

   However, we may offer you certain financial incentives permitted by the CCPA that can result in different prices, rates, or quality levels. Any CCPA-permitted financial incentive we offer will reasonably relate to your personal information’s value and contain written terms that describe the program’s material aspects. Participation in a financial incentive program requires your prior opt in consent, which you may revoke at any time.

   Exercising Your Rights

   You may only make a verifiable consumer request for access or data portability twice within a 12-month period. The verifiable consumer request must:

   Provide sufficient information that allows us to reasonably verify you are the person about whom we collected personal information or an authorized representative.

   Describe your request with sufficient detail that allows us to properly understand, evaluate, and respond to it.

   We cannot respond to your request or provide you with personal information if we cannot verify your identity or authority to make the request and confirm the personal information relates to you. An authorized agent may make a request on your behalf if: (a) the agent is registered with the California Secretary of State to conduct business in California, has your written permission to submit the request, and verifies their identity in accordance with the verification process; or (b) you have provided the agent with power of attorney to act on your behalf. We will respond to your request within 45 calendar days, after proper verification, unless we need additional time, in which case we will let you know.

   Making a verifiable consumer request does not require you to create an account with us.

   We will only use personal information provided in a verifiable consumer request to verify the requestor’s identity or authority to make the request.

   If you have any questions or comments about this Statement, the ways in which we collect and use your personal information, your rights regarding such use, or wish to exercise your rights under California law, please do not hesitate to contact us at:

   Email: privacy@ihr.health.

   Mail: 415 Mission Street, Suite 3700

   San Francisco, CA 94105

   Attention: Privacy Officer

   1-415-235-2007

9. Changes To This Privacy Statement

   We may update this Privacy Statement from time to time by publishing an updated version on Image Health Record's Sites. Each updated version will include the date the statement was last updated. Please review the latest version of this Privacy Statement periodically to keep current with Image Health Record’s use of personal data. If we make material changes in the way ihr.health uses or shares personal data, we will publish the updates on our Sites. Any such material changes will only apply to personal data collected after the revised Privacy Statement takes effect.