Privacy Policy

PerfectServe, Inc. (the “Company,” “we” or “us”) realizes that privacy is an important issue, and we take your privacy seriously. Please read the following to learn more about how we collect, use and safeguard the information and data you may provide to us or we otherwise collect in connection with offering our advanced clinical communications platform. This Privacy Policy is subject to modification and/or update as set forth below under the caption “Updates to this Policy.”

APPLICABILITY OF THIS PRIVACY POLICY

This Privacy Policy applies to information and data you may provide to us or we otherwise collect from you via the www.perfectserve.com website (the “PerfectServe Website”), the speech-enabled telephone voice interfaces, the “PerfectServe Clinician” mobile application or other websites or mobile applications which are specifically added to this Privacy Policy (collectively, the “Services”). By using any of the Services, including accessing the website or downloading any of our mobile applications (collectively, the “Sites”), or voluntarily providing your information to us, you consent to the collection and use of all information as set forth in this Privacy Policy. If you do not agree to the terms of this Privacy Policy, please do not provide us with any information and do not use the Services.

This Privacy Policy applies only to information submitted or collected through the Services (other than as indicated below in this paragraph), and does not apply to any information that may be collected by the Company through any other means. This policy also does not apply to information about you collected by third party services, applications (such as through Google Docs), or websites or advertisements associated with, linked to or otherwise accessible from the Sites. In this regard, note that to the extent any credit card payment information (including the number, security code and expiration date) is submitted by you in connection with your use of the Sites or the Services, such information is not collected by the Company but rather is sent directly to a third party payment processor (currently Authorize.net). The information collected or received by such third parties (such as the third party payment processor), is subject to their own privacy policies and under no circumstances is the Company responsible or liable for the third party’s compliance therewith.

HOW DO WE COLLECT INFORMATION FROM YOU?

We collect personally identifiable information (i) when you register to become a user of the Services through the Sites, (ii) when you access and use the Services, (iii) when you “opt in” for certain services or features of the Sites, such as electing to receive our newsletter and other emails, (iv) when you voluntarily provide us with information through emails or providing comments on our Blog and (iv) automatically as further described below.

We also receive the automatic and passive data (both personally identifiable and otherwise) from the computer, mobile phone or other device you use to access the Sites and the Services, and when you interact with the Services. In this regard, the Services use common automated information gathering tools such as logs files that record usage activity. We, and third party providers of certain applications or functionality on our Sites (such as content sharing functionality from AddThis, Inc.) and analytics tools may also collect information through other monitoring technologies, in particular the following:

  • Cookies.” A cookie is a unique identifier sent to your computer by a Web server and stored on your computer’s hard drive. A cookie lets a computer server identify your computer. A cookie is what allows many sites to greet you upon every return with a personalized message even before you actively login. Our cookies do not include any personal information, but they do help us track which of our Web pages are visited and what services are most often used. Third party functionality included on the Site and any advertisements we may decide to show are likely to also contain cookies sent by the companies providing such functionality, advertising companies and/or advertisers (known as “third party cookies”). Most web browsers automatically accept cookies, but you may choose not to receive a cookie file by enabling your Web browser to refuse cookies or to prompt you before accepting a cookie. You may opt out of receiving cookies from third party advertising networks by going to the Network Advertising Initiatives cookie opt out page, which can be found at http://www.networkadvertising.org/managing/opt_out.asp. Please be aware, however, that by refusing to accept cookies, you will be unable to access a significant portion of the Site and unable to use a significant portion of the Services.
  • Clear gifs.” Similarly, we, along with any third party providers of analytics, functionality or advertising on our Sites may employ a software technology called clear gifs (a.k.a. web beacons/web bugs), that help us better manage content on our Sites and communications by informing us what content is effective. By way of example, our outgoing e-mail may include web beacons.  Clear gifs/web beacons are tiny graphics with a unique identifier, similar in function to cookies, and are used to track the online movements of Web users. In contrast to cookies, which are stored on a user’s computer hard drive, clear gifs are embedded invisibly on Web pages and/or emails, and are about the size of the period at the end of this sentence. We do not tie the information gathered by clear gifs to our users’ personally identifiable information.
  • Flash LSOs.” When we post videos on our site, third parties may use local shared objects, also known as Flash cookies, to store your preferences for volume control, or to personalize certain video features. Flash cookies are different from browser cookies because of the amount of, type of, and how data is stored. Cookie management tools provided by your browser will not remove Flash cookies.  To learn how to manage privacy and storage settings for Flash cookies click here: http://www.macromedia.com/support/documentation/en/flashplayer/help/settings_manager.html#117118
  • We also use tracking tags provided by us by third parties to enable the tracking of activity and actions of visitors while they are on our Sites.

WHAT INFORMATION DOES THE COMPANY COLLECT FROM YOU?

Via the Sites or when you register for or otherwise interact with the Services, the Company collects from you: (i) certain non-personal technical and other information, (ii) certain personally identifiable information and (iii) information regarding your usage of the Services.

Non-Registered Visitors or Users of the Sites – In general, if you visit or use the Sites without registering with the Company, you will be using the Sites anonymously; no personally identifiable information is collected (however, see below under the caption “Additional Disclosure For Mobile App Users”).  In addition, we will collect certain non-personally identifiable information from non-registered users, as noted in “All Users” section below.

Registered Users – At the time you become a registered user of the Services, you will providing us with the following registration-related information for yourself and/or others within your practice or organization: full name, address, office, home and mobile phone numbers, fax numbers, e-mail addresses, contact modalities and information on the persons or practices that referred you to PerfectServe. In addition, registered users may elect to enter and disclose through use of the Services sensitive information, such as personal health information.

When registered users interact with the Sites and/or the Services, we will capture information on transactions and user activity including:

  • the number of transactions or interactions generated or which we process;
  • the time of a given transaction or interaction;
  • which departments or practices are using or receiving communications through the Services;
  • who is initiating the communications and to whom they are directed;
  • the contact modalities used;
  • misdirected interactions; and
  • time elapsed before messages are retrieved.

Depending on how you use the Services, we may collect the following additional personally identifiable information and data:

  • information about your use of Services features, how frequently you use them;
  • your responses to any offerings and advertisements presented on the Sites;
  • the specific Site content that you elect to share with third parties;
  • customer service information about you as a registered user; and
  • information that you publicly post on our blogs made available by the Sites.

All Users – Regardless of whether you are a registered or non-registered user, when you use the Sites various types of information are collected automatically and passively through log files, cookies and the other tools noted above under the caption ”How We Collect Information From You,” including your IP address (a number assigned to your computer when you use the Internet), the name of the web page from which you entered the Sites, type of browser or operating system you are using, the name of your Internet service provider, broad demographic data, your activity while using the Sites (including access times, duration of visit on each page, new and repeat visit information, exit page information, which links were clicked and in what quantity, as well as the aggregate number of links clicked, and other general usage activity), and data relating to malfunctions or problems occurring when you use your computer with the Sites. Such monitoring tools do not collect personally identifiable information such as name, address, telephone number, or e-mail address.

Tracking: We do not engage in the collection of personally identifiable information about your online activities over time and across third party websites or online services. Accordingly, we do not currently process or comply with any web browser’s “do not track” signal or other mechanisms that provide consumers with the ability to exercise choice regarding the collection of personally identifiable information about your online activities over time and across third party websites. However, we allow third-party companies (such as AddThis, Inc., as described below) to collect certain non-personally identifiable information when you visit our Sites which can be combined with non-personally identifiable information during your visits to other websites in order to provide advertisements about goods and services likely to be of greater interest to you. These companies typically use a cookie or a third party web beacon to collect this information. To learn more about this behavioral advertising practice, you can visit www.networkadvertising.org.

As noted, the PerfectServe Website includes functionality provided by AddThis, Inc. This functionality allows our users to seamlessly promote, create links, share digital content/materials, and copy and paste content from our Site. This content gets marked or “tagged” and the sharing of which, and related data, can then be tracked on a non-personally identifiable basis by AddThis as a result of being tagged. AddThis also deploys cookies when an end user visits a page on any site containing a “AddThis Application” (e.g., a sharing icon or widget) in order to allow them to collect information on categories of content shared by such users and categories of user interests. Such cookies will be placed and used in accordance with AddThis Privacy Policy located at www.addthis.com/privacy/privacy-policy and are not intended to identify or collect end user information on a personally identifiable basis. Such data may be used to provide advertising of interest to such users. You may opt-out of receiving cookies from AddThis, Inc., through AddThis, Inc.’s opt out page, which can be found at http://sharethis.com/privacy/.

Other Discretionary Contact With Us – The Sites provide information on how to contact us electronically through the Sites and through email for purposes of sales inquiries, customer support, needs assessment and trials. Whenever you make any such contact, you will be providing us with your name and contact information, such as email address and phone number and business title, and hospital and/or physician group practice where you work or which you otherwise represent, and any information you choose to include in the text of your message.

If you make any comments on a blog or forum associated with our Sites, you should be aware that any personally identifiable information you submit there can be read, collected, or used by other users of these forums, and could be used to send you unsolicited messages. We are not responsible for the personally identifiable information you choose to submit in these blogs and forums.

ADDITIONAL DISCLOSURE FOR MOBILE APP USERS

The terms of this Privacy Policy generally apply to users of the “PerfectServe Clinician” mobile application and any other mobile app which is specifically added to this Privacy Policy (the “Mobile Apps”). However, in addition, users of the Mobile Apps or those who merely download the Mobile Apps should note that the Mobile Apps collect and store types of personally identifiable information not usually obtained through typical web-based applications. These additional items of personally identifiable information include: device information (such as device OS version and device hardware), unique device identifiers (including device IP address), mobile phone number, geolocation data, as well as information regarding usage of the mobile device, including login times and usage activities log.

HOW IS YOUR INFORMATION USED?

Our Use of Information.  We collect, retain, and use the information we collect via the Sites and Services for legitimate business purposes only: primarily to provide the Services which facilitate communications to and from your practice, patients and any hospitals who utilize the Services. This use will allow us to provide the Services as they exist today, but as we add innovative features in the future, the information we receive about you can be used in new ways.

We may use the information we collect about the transactions or interactions processed through the Services and how users interact with the Services to improve the Services, develop best practices for use of our Services and for clinical communications generally, to inform and educate the healthcare industry with regards to clinical communications, for articles and white papers. However, we will not publish or distribute the content of or any personally-identifiable information related to any transactions or interactions processed through the Services, except for limited purposes as explained in the Our Sharing of Information section below.

In addition, we may use the information we receive about you:

  • to help keep the Sites safe and secure, and protect users’ rights or property;
  • to monitor your use of the Sites and Services, including to enforce any Site terms of use;
  • to measure or understand the effectiveness of our Sites and Services, and, if applicable the ads you and others see; and
  • to correspond with you regarding the Sites or matters relating to your use or potential use of the Services, or to inform you of developments in our Company or with our Services that we believe may be of interest to you.

We use cookies and other automated and passive tools (such as log files) to gather broad demographic information for internal marketing and demographic studies; to help identify you as a Site user or a registered user and to monitor and personalize your use of the Sites so as to improve your user experience; to assess overall activity on the Sites, including monitoring interest in particular features of the Sites; and for internal operations, including troubleshooting, diagnosing problems with servers, data analysis, testing, research and service improvement. For instance, we use your browser information to help us understand which browsers we need to test our content against. Likewise, we use page visit information to identify how well our messaging is resonating with our visitors. Further, the usage activity logs are a requirement to meet Federal HIPAA regulations.

Where our vendors, such as AddThis, provide additional functionality on the Sites, we use any information they may collect on our behalf consistent with the foregoing and, if applicable, as described in any interface for that functionality.

Mobile Apps. PerfectServe uses the information collected from your mobile device in a manner consistent with the foregoing. In addition, such information is used for the following three purposes. First, it is used by our support associates to support you if and when you have a problem with our Mobile Apps. Second, our product management team uses the information to make decisions about what devices and operating system versions to support. Finally, usage activity information is required to meet Federal HIPAA regulations.

While you are allowing us to use the information we receive about you, you always own all of your information.

Our Sharing of Information. Your trust is important to us, which is why we don’t share information we receive about you with others unless we have:

  • received your permission; or
  • given you notice, such as by telling you about it in this Privacy Policy; or
  • removed your name or any other personally identifying information from it.

We do not sell or rent your personally identifiable information to third parties for marketing purposes.

We may share your personal information as follows:

  • When we believe it is appropriate to investigate, prevent, or take action regarding illegal or suspected illegal activities; to protect and defend the rights, property, or safety of PerfectServe, our users, or others; and in connection with the enforcement of terms which may govern our Site.
  • With business firms contracted to provide specific services to us, such as a credit card processing company or SMS providers, in a manner consistent with this Privacy Policy. In situations such as this, the third party servicing firm will be contractually obligated to use your personal data only for the purpose for which our relationship with the firm exists, and the firm will not have the right to share your data with other organizations or contact you outside the bounds of their contract with us. However, we cannot guarantee compliance by such third party firms.
  • The contents of your online communications, as well as other information about you as a Site user, may be accessed and disclosed (i) in response to lawful governmental requests or legal process (for example, a court order, search warrant or subpoena) and (ii) in other circumstances in which we have a good faith belief that a crime has been or is being committed by you or another user or that an emergency exists that poses a threat to the safety of you or another person.

As noted above under the caption “What Information Does the Company Collect From You,” information collected by AddThis through the Sites is used for online behavioral advertising purposes.

PROTECTING YOUR PERSONALLY IDENTIFIABLE INFORMATION

Because security is important to both the Company and you, we maintain data handling and storage practices and procedures that are designed to maintain the integrity and confidentiality of the personally identifiable information submitted to us, both during transmission and once we receive it. Industry standard internet security methods and technologies are used in an effort to prevent unauthorized access, maintain data accuracy, and ensure correct use of information. For example, where appropriate, when you enter sensitive information, such as personal health information, we encrypt that information using secure socket layer technology (SSL). No method of transmission over the Internet or method of electronic storage is 100% secure, however. Therefore, while we strive to use commercially acceptable means to protect your personal information, we cannot guarantee its absolute security (for example, as a result of unauthorized acts by third parties that violate applicable law or the policies of the Sites and its service providers).

Data transmitted via the Sites (other than credit card payment information) is stored on servers which are owned or controlled by us and such data is store for as long as it is necessary to provide Services to you and others. Typically, information associated with your account will be kept until your account is deleted. For certain categories of data, we may also tell you from time to time about specific data retention practices. If you suspect unauthorized access to your information, it is your responsibility to contact the Company immediately.  Please be aware that data transmission is not always secure and we cannot warrant that information you transmit through the Sites is secure.

THIRD PARTY SERVICES, ADVERTISERS AND APPLICATIONS

The Sites now or in the future may reference or provide links to third party services, websites, applications or products, including through third party advertisements. As noted under the caption “Applicability of this Privacy Policy,” this Privacy Policy does not apply to information about you collected by third party services, websites, applications or advertisements associated with, linked to or otherwise accessible from the Sites. The Company does not control and is not responsible for such third party services, applications, websites or advertisements, or for the privacy policies or information practices of such third parties or their services. You should review the privacy policies applicable to such third party services, applications, websites and advertisers.

COMMUNICATION YOU MAY RECEIVE FROM US

The Company uses voluntarily provided information to provide the Services that you request and give you better customer service. In addition, we use your contact information to send you from time to time announcements (via email or other electronic means) of new Services, updates, promotional information and newsletters. You may unsubscribe or “opt out” from these emails and other communications at any time by following the opt-out link provided in any email received or by contacting us via email at support@perfectserve.com. Please allow ten (10) days to process such “opt-out” requests. Please note that even if you unsubscribe from promotional email messages, we may still need to contact you with important transactional information related to your account and your use of the Services. For example, even if you have unsubscribed from our email messages, we will still send you emails confirming your preferences needed to deliver our Services.

INTERNATIONAL USERS – APPLICABLE LAW

We collect, process, store, use, disclose, and dispose of personal information that you submit to us in accordance with applicable United States law. Please note that the personal information you submit to our Services will be transferred to the United States to be processed by us in order to provide this the Services to you or for such other purposes as set forth in this Privacy Policy. Any personal information or personal health information you submit to us is stored on servers in the United States and is not intended for use by anyone outside the US or its designated territories. If you are not a resident of the United States, you acknowledge and agree that we may collect, process, store, use, disclose and dispose your personal information, as discussed in this Privacy Policy, outside your resident jurisdiction, and it is your responsibility for ensuring whether such actions and the sharing of information with the Company through the Sites and use of the Services conforms to all local data protection laws applicable to you. In this regard, please be aware that United States law may offer different levels of protection for personal information than may be available in your country.

MODIFICATIONS AND DELETIONS TO PERSONAL INFORMATION

We strive to maintain the accuracy of any personally identifiable information that may be collected from you, and will use our commercially reasonable efforts to respond promptly to update our database when you tell us the information in our database is not accurate. It is your responsibility to ensure that such information is accurate, complete and up-to-date. You may obtain from us, by e-mail the registration information in our records and/or files. Information will be updated as soon as reasonably practicable. Removed information may persist in backup copies for a reasonable period of time but will not be generally available.

Once you are no longer a user of our Services, your account is permanently deleted from the Sites. It typically takes about one month to delete an account, but some information may remain in backup copies and logs for up to 90 days.

Certain information is needed to provide you with Services, so we only delete this information after you delete your account. Some of the things you do on the Sites are not stored in your account, like entering credit card information. Such information may only be deleted in accordance with the privacy policy of the applicable third party. See above under the caption “Third Party Services, Advertisers and Applications.”

CHILDREN

The Services are intended for healthcare professionals. Accordingly, in compliance with the Children’s Online Privacy Protection Act, 15 U.S.C. §§ 6501-06 and 16 C.F.R. §§ 312.1-312.12, the Company will not knowingly collect or solicit personal information from anyone under the age of 13 or knowingly allow such persons to register. If you are under 13, please do not attempt to register for the Sites or send any information about yourself to us, including your name, address, mobile device number, or email address. By using the Sites, you represent that you are not under 13 years of age.

BUSINESS TRANSFER

PerfectServe may, in the future, sell or otherwise transfer some or all of its assets to a third party.  Your information, including personally identifiable information and technical and usage information we obtain from you directly or automatically via the Sites or your use of the Services, may be disclosed to any potential or actual third party purchasers of such assets and/or may be among those assets transferred.

UPDATES TO THIS POLICY

PerfectServe reserves the right to modify this Privacy Policy at any time, so please review it frequently. If we make any changes to this Policy, we will change the “Last Updated” date above. If we decide to change our Privacy Policy in regards to how we utilize any personally identifiable information, we will post a notice or link to those changes on our homepage. If we make other material changes to this Privacy Policy or if we change our email practices, we will notify you here, by email, or by means of a notice on our home page. If you use our Sites or Services after we post these changes, this indicates your acceptance of them.

CONTACT US

If you have questions or concerns regarding your privacy or security on our Sites or Services, feel free to contact us at support@perfectserve.com.