Privacy Policy

1. APPLICABILITY OF THIS POLICY

This Privacy Policy applies to information and data you may provide to us or we otherwise collect from you via our websites, telephone communications and interfaces, and applications, including but not limited to www.perfectserve.com, www.lightning-bolt.com, and www.telmediq.com (collectively the “Site(s)”), the speech-enabled telephone voice interfaces, the “PerfectServe Practitioner,” “PerfectServe Care Team,” “PerfectServe Charge Capture,” “Telmediq – HIPAA Messenger,” and “Lightning Bolt Solutions Balanced Physician Scheduler” mobile applications, and any websites and applications that validly link to this Privacy Policy, collectively, including the Sites, the “Services.” For more information regarding how we use and share your data with respect to third-party partner tools, please see Additional Disclosures for Partner 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, or otherwise affirmatively consenting to this Privacy Policy, you consent to the collection and use of all information as set forth in this Policy. If you do not agree to the terms of this Policy, please do not provide us with any information and do not use the Services.

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 or Services. To the extent any credit card payment information 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 is subject to their own privacy policies and under no circumstances is the Company responsible or liable for the third party’s compliance therewith.

2. 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 (v) automatically as further described below.

We also receive 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. The Services use common automated information gathering tools such as log files that record usage activity. We, and third-party providers of certain applications or functionality on our Sites and analytics tools, may also collect information through other monitoring technologies, including 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. 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 visiting the Network Advertising Initiative’s cookie opt-out page at https://thenai.org/how-to-opt-out/. Please be aware that by refusing to accept cookies, you will be unable to access a significant portion of the Sites and Services.

Clear GIFs
We, along with any third-party providers of analytics, functionality or advertising on our Sites, may employ a software technology called clear gifs (also known as web beacons/web bugs) that help us better manage content on our Sites by informing us what content is effective. Clear gifs/web beacons are tiny graphics with a unique identifier, similar in function to cookies. 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. 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.

Google Analytics
We may use Google Analytics to improve the Sites. We do not combine the information collected through the use of Google Analytics with personally identifiable information. Please refer to Google’s Privacy Policy for more information. You may also choose to download the Google Analytics opt-out browser add-on.

Cookie Settings by Browser
You may wish to restrict the use of cookies. Please be aware that some features of our Sites may not function correctly if you disable cookies. To understand your browser settings, the following links may be helpful:

• Cookie settings in Chrome
• Cookie settings in Firefox
• Cookie settings in Microsoft Edge
• Cookie settings in Safari (web and iOS)

Personalized Advertising
We may also use targeted advertising cookies, such as Google Ads, to deliver tailored advertising on our Sites and other websites that you may visit. You can learn more about how to control advertising cookies by visiting the Network Advertising Initiative’s Consumer Opt-Out link, the DAA’s Consumer Opt-Out link for browsers, or the DAA’s opt-out link for mobile devices. Please note that electing to opt-out will not stop advertising from appearing in your browser or applications.

“Do Not Track” Signals
We do not currently process or comply with any web browser’s “do not track” signal, as we are still awaiting Internet and legal community consensus. We may allow third-party advertising, analytics, or marketing partners, where used, to collect certain information when you visit our Sites, including through cookies, pixels, tags, or similar technologies.

Cookie Choices for EEA, UK, and Swiss Users
If you are located in the EEA, UK, or Switzerland, our use of non-essential cookies and similar tracking technologies is subject to your consent in accordance with applicable law. Essential cookies that are strictly necessary for the operation of our Sites and Services do not require prior consent. You may manage your cookie preferences through the cookie settings available on our Sites or through your browser settings, although disabling certain cookies may affect the functionality of the Sites or Services.

3. 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. In addition, we will collect certain non-personally identifiable information from non-registered users, as noted in the “All Users” section below.

Registered Users
At the time you become a registered user of the Services, you will provide 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 the Company. 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
• Time elapsed before messages are retrieved
• Information that you share through audio or other similar electronic communications

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

• Information about your use of Services features and 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
• Information that you publicly post on our blogs made available by the Sites
• Information that you share through audio or other similar electronic communications

All Users
For all users of the Sites and Services, we may collect the following categories of information that you may give us by signing up for an online account, entering information through our online forms or surveys, inputting information while using our Sites and Services, or contacting us by phone or email for information or customer service.

The categories of information include:

• Identifiers – such as real name, postal address, online identifier, Internet Protocol (IP) address, email address, account name, or other similar identifiers.
• Personal information such as name, address, phone number, education, employment, or employment history.
• Characteristics of protected classifications – such as race, national origin, gender (including pregnancy), disability, age (if at least 40 years old), citizenship status, ancestry, medical condition, or sexual orientation.
• Commercial information – such as records of personal property, products or services purchased, obtained or considered, or other purchasing or consuming histories or tendencies.
• Internet or other electronic network activity information – such as browsing history, search history, and information regarding a consumer’s interaction with a website, application or advertisement.
• Geolocation data.
• Audio, electronic, visual, or similar information.
• Professional or employment-related information.
• Inferences drawn from the above categories of information.

The categories of sensitive information include:

• Precise geolocation data.
• Racial or ethnic origin, citizenship or immigration status.

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 other tools, including your IP address, browser type, operating system, internet service provider, broad demographic data, your activity while using the Sites, 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.

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 may be providing us with your name and contact information, such as email address and phone number, business title, and hospital and/or physician group practice where you work, 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.

If you access our Sites or Services through third parties (e.g., Meta or Google), or if you share content from our Sites or Services to a third-party social media service, the third-party service will send us certain information about you if the third-party service and your account settings allow such sharing. The information we receive will depend on the policies and your account settings with the third-party service.

4. HOW IS YOUR INFORMATION USED AND SHARED?

Our Use of Information
We collect, retain, and use the information we collect via the Sites and Services for legitimate business purposes, 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 to improve the Services, develop best practices for clinical communications, and inform and educate the healthcare industry for articles and white papers. We may also aggregate or otherwise strip information of all personally identifying characteristics, and may share that aggregated or anonymized data with third parties or publish it. 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 below.

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

• To provide you with the Services on our Sites, which includes maintaining and servicing accounts, providing customer service, processing and fulfilling orders and transactions, verifying customer information, processing payments, and providing advertising or marketing services to you.
• To help keep the Sites safe and secure, and protect users’ rights or property, including to detect against security incidents, protect against fraudulent or other criminal activity, debug and repair errors, and maintain the overall quality and safety of our Sites.
• To provide analytic services and 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, conduct marketing research and project planning, and, if applicable, the ads you and others see.
• To share website visitor activity through website cookies with third-party marketing partners for tailored advertising on our Sites, Services, and other websites that you may visit.
• 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.
• To fulfill our legal and financial obligations.
• To provide you with employment opportunities.

Marketing
We may use your personal information to contact you with newsletters, marketing or promotional materials, and other information that may be of interest to you. You may opt out of receiving any, or all, of these communications from us by following the unsubscribe instructions provided in any email we send, or you can contact us using the contact details provided in the “Contact Us” section below. You will still continue to receive service-related messages concerning products and Services you have purchased.

Mobile Apps
The Company uses the information collected from your mobile device in a manner consistent with the foregoing. In addition, such information is used to: (1) assist our support associates to support you if and when you have a problem with our Mobile Apps; (2) allow our product management team to make decisions about which devices and operating system versions to support; and (3) meet Federal HIPAA regulations. While you are allowing us to use the information, you always own all of your personal 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; given you notice, such as by telling you about it in this 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 unless you use the third-party partner tools. For more information, please see Additional Disclosures for Partner Services.

We may use cookies, pixels, tags, and similar tracking technologies to analyze website usage patterns, improve our Services, deliver relevant content, and provide personalized or targeted advertising. We may share website visitor activity and related information with third-party marketing and advertising partners for these purposes. Depending on your jurisdiction, this activity may be considered a “sale,” “sharing,” or targeted advertising under applicable privacy laws. You may have the right to opt out of such activities as described in the section entitled “Privacy Rights & Additional Disclosures for Certain U.S. Residents.”

We may also 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 the Company, 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, voice-to-text providers, or SMS providers, in a manner consistent with this Privacy Policy. In such situations, the third-party service firm will be contractually obligated to use your personal information only for the purpose for which our relationship with the firm exists. 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.

5. ADDITIONAL DISCLOSURE FOR MOBILE APP USERS

The terms of this Policy generally apply to users of the “PerfectServe Practitioner,” “PerfectServe Care Team,” “PerfectServe Charge Capture,” “PerfectServe Clinical Collaboration,” “Telmediq – HIPAA Messenger,” and “Lightning Bolt Solutions Balanced Physician Scheduler” mobile applications and any additional mobile applications available from the Company at the time this Policy was last updated (the “Mobile Apps”). 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 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.

In addition, the Company has engaged the Pendo software development kit (“SDK”) to collect App ID on your device and product usage data, which allows the Company to gather analytics and evaluate your behavior in using the Mobile Apps. Pendo does not share your data with any third-party data broker or Ads service. The data is collected solely to assist the Company in its understanding of app usage and ability to target relevant users with app-related messages.

Additionally, PerfectServe does not sell or share phone numbers of physicians who use the PerfectServe apps with anyone beyond what is necessary for the provision of the Services.

6. ADDITIONAL DISCLOSURES FOR PARTNER SERVICES

If you use certain third-party partner tools in our Mobile Apps, please note that we will share your publicly available National Provider Identifier with these third-party partners to provide the partner services and serve relevant advertising on your Company-provided Mobile App. To opt out of this sharing, follow the steps below:

• https://support.perfectserve.com/hc/en-us/articles/17369097478669-Opt-out-of-data-sharing
• https://support.lightning-bolt.com/hc/en-us/articles/17369179695373-Opt-out-of-Data-Sharing

7. 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 (or “PII”) 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 (“SSL”) technology. 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.

Data transmitted via the Sites, other than credit card payment information, is stored on servers that are owned or controlled by us or our service providers. We retain personal information for no longer than is necessary for the purposes for which it was collected, taking into account applicable legal, regulatory, tax, accounting, contractual, security, and operational requirements and our legitimate business needs. The criteria we use to determine retention periods include the nature of the information, the purpose for which it was collected, the duration of our relationship with you or the applicable customer, legal or regulatory retention requirements, applicable contractual obligations, the need to resolve disputes or enforce agreements, and security or fraud-prevention considerations. When we no longer have a legitimate need or legal basis to retain personal information, we will delete, aggregate, de-identify, or securely isolate it in accordance with applicable law and our 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.

8. 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. This 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.

9. 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 connect@perfectserve.net. 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.

10. MODIFICATIONS AND DELETIONS TO PERSONAL INFORMATION, AND OTHER PRIVACY 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 a period consistent with our retention practices and applicable legal requirements.

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.

Notice to End-Users
Our Services are intended for use by healthcare enterprises and other organizational customers. Where our Services are made available to you through a customer of ours, that customer generally determines how your personal information is handled and is responsible for responding to privacy requests relating to that information. Your data privacy questions and requests should initially be submitted to the customer. The Company is not responsible for our customers’ privacy or security practices, which may differ from this Policy.

11. PRIVACY RIGHTS & ADDITIONAL DISCLOSURES FOR CERTAIN U.S. RESIDENTS

Several jurisdictions grant state residents certain rights and disclosures, and you may have certain choices available to you when it comes to your personal information. Below is a summary of those choices and any limitations.

The rights described in this Section apply where the relevant state law covers the Company’s processing of your personal information and are subject to the exceptions and limitations permitted by applicable law, including exemptions for personal information processed in the context of employment relationships, business-to-business contacts, or personal information otherwise regulated under federal law, such as HIPAA.

For purposes of the California Consumer Privacy Act, as amended, and its implementing regulations, the Company may act as both a “business” and a “service provider,” depending on the context in which personal information is collected or processed. This Section applies to personal information we collect in our role as a business, including where we interact directly with you. Where we process personal information on behalf of a customer in connection with the Services, we generally act as a service provider or processor, and privacy requests relating to that information should be directed to the applicable customer.

Requests for Correcting, Updating and Removing Your Information
Residents of certain U.S. states have the right to request the correction or rectification of inaccurate information in the resident’s personal information.

Requests for Accessing and Updating or Deleting Your Information
Residents of certain U.S. states have the right to know whether we are processing your personal information, and in some instances, you have the right to request that we disclose to you the categories listed below for the preceding 12 months. In responding to this right, we shall provide to you:

• The categories of personal information we collect about you.
• The categories of sources from which your personal information is collected.
• The business or commercial purpose(s) for collecting, selling, sharing, or disclosing your personal information, and the categories of personal information disclosed for such purpose(s).
• The categories of third parties with whom we share your personal information.
• The categories of personal information we have sold, if any, about you and the categories of third parties to whom your personal information was sold.
• The specific pieces of personal information we have collected about you.

In addition, you may have the right to request we delete your information.

Requests to Restrict or Cease Processing
Residents of certain U.S. states may have the right, subject to applicable law and applicable exceptions, to request that we restrict, stop, or cease certain processing of their personal information where such processing is not justified, where consent has been withdrawn, or where otherwise required by applicable law. We may retain and continue to process certain information where necessary to provide the Services, comply with legal or contractual obligations, maintain security, prevent fraud or misuse, complete transactions, protect legal rights, or as otherwise permitted by applicable law.

Requests for Portable Data
Residents of certain U.S. states have the right to receive, in certain circumstances, a portable format of their personal information that allows the data to be transmitted to another entity.

Opting Out of Cookies and Sale/Sharing Using Online Tracking Technologies
Our use of online tracking technologies may be considered a “sale” / “sharing” under applicable law. Residents of certain U.S. states may have the right to opt out of being tracked by these third parties by clicking the “Your Privacy Choices” / “Do Not Sell or Share My Personal Information” link at the bottom of our website and selecting your preferences.

If you do not have an account or are not logged into your account on our Sites or Services, your request to opt out of a “sale” / “sharing” will be linked to your browser identifier only and not linked to any account information.

Residents of certain U.S. states may opt out by broadcasting an opt-out preference signal, such as the Global Privacy Control (GPC). To download and use the browser supporting the GPC browser signal, click here: https://globalprivacycontrol.org/orgs. If you choose to use the GPC signal, you will need to turn it on for each supported browser or browser extension you use.

Do Not Sell or Share My Personal Information
Residents of certain U.S. states may have the right to opt out of being tracked by these third parties by clicking the “Your Privacy Choices” / “Do Not Sell or Share My Personal Information” link at the bottom of our website and selecting your preferences.

Limiting the Use of Sensitive Personal Information
Residents of California have the right to direct us to use or disclose sensitive personal information only for providing goods or services, or as otherwise minimally permitted under applicable law. However, we do not use or disclose sensitive personal information for any purpose other than providing our goods and services to you, or as otherwise minimally permitted under applicable law.

Third Party’s Direct Marketing
If you are one of our customers, California Civil Code Section 1798.83 permits you to request information regarding the disclosure of your personal information to third parties for the third parties’ direct marketing purposes. To make such a request, please contact us using the contact details in the “Contact Us” section below.

Right to Equal Service and Price
You have the right to receive equal service and price, even if you choose to exercise a privacy right.

Verification Process for Exercising Rights
To protect our consumers’ privacy, we verify privacy rights requests to ensure that only you (or your authorized agent) can exercise rights pertaining to your personal information. As part of our verification process, we may request you to submit additional information.

If you are an authorized agent wishing to exercise rights on behalf of a state resident, please contact us using the information in the “Contact Us” section of this privacy policy and provide us with a copy of the consumer’s written authorization designating you as their agent. We may need to verify your identity and place of residence before completing your rights request.

Appeal Process
In certain cases, we may decline to take action on your request as permitted by law. Should we decline your request, we may provide you with a written explanation of the reason for our decision and an opportunity to appeal the decision.

If we deny your appeal, we may provide a written explanation of our decision with instructions on how to contact your local Attorney General or Department of Justice for further review, where permitted under certain U.S. state privacy laws.

12. PRIVACY RIGHTS & ADDITIONAL DISCLOSURES FOR EEA, UK, AND SWISS INDIVIDUALS

If you are from the European Economic Area (EEA), United Kingdom (UK) or Switzerland, our legal basis for collecting and using your personal information is as follows:

• The performance of your contract or to enter into the contract and to take action on your requests. For example, the processing of your account registration.
• Our legitimate business interests. For example, fraud prevention, maintaining the security of our network and services, direct marketing to you, and improvement of our services.
• Compliance with a mandatory legal obligation. For example, accounting and tax requirements, which are subject to mandatory retention periods. We may also collect your personal information to record your requests to exercise your rights and to verify your identity for such requests.
• Consent you provide where we do not rely on another legal basis. Consent may be withdrawn at any time.
• In some limited cases, we may also have a legal obligation to collect personal information from you in response to lawful requests by public authorities, including to meet law enforcement requirements.

If you have questions about or need further information concerning the legal basis on which we collect and use your personal information, please contact us using the contact details provided at the end of this policy.

EEA, UK or Swiss Individuals’ Rights
If you are from the EEA, UK or Switzerland, you have the right, under certain circumstances, to:

• Access your personal information.
• Correct inaccuracies within your personal information.
• Request erasure of your personal information without undue delay.
• Request restriction of, in certain circumstances, the processing of your personal information.
• Request receiving a portable copy of your personal information held by us, and to have that portable copy transmitted to another controller.
• Object to the processing of your personal information.
• Withdraw consent where processing is based on consent, without affecting the lawfulness of processing based on consent before its withdrawal.

To exercise any of these rights, contact us using the contact details provided at the end of this Privacy Policy, and please specify which right(s) you wish to exercise. We may need to verify your identity to honor your request.

Right to Lodge a Complaint
If you have any issues with our compliance, you have the right to lodge a complaint with the appropriate supervisory authorities. We would, however, appreciate the opportunity to first address your concerns and would welcome you directing an inquiry to us via the information in the “Contact Us” section at the bottom of this privacy policy.

Special Category Data (Health Information)
Certain personal information processed in connection with the Services may constitute health information or other “special category” data under the GDPR, UK GDPR, Swiss data protection law, or similar applicable laws. We process such information only where a lawful basis and, where required, an applicable condition for processing applies under applicable law, such as where processing is necessary for the provision or management of healthcare services, where explicit consent has been provided for a specified purpose, or where another applicable legal basis permits such processing.

International Transfers of Data
Personal information that you provide to us may be accessed, transferred to, stored, or otherwise processed by our offices, affiliates, personnel, and service providers located outside your country or jurisdiction, including in the United States. This may involve the transfer of your personal information to countries that may have data protection laws that differ from those in your country or jurisdiction. Where required by applicable law, we use appropriate safeguards for international transfers of personal information, which may include contractual protections and technical and organizational measures designed to protect personal information.

Automated Processing and Profiling
The Services may include automated tools and algorithmic processes, including routing and scheduling technologies, that support clinical workflows, route communications, improve service delivery, and operate the Services. These tools are configured, implemented, and used based on customer-selected settings, workflows, instructions, and requirements.

The Services are designed to support, not replace, human clinical judgment. PerfectServe does not independently make clinical decisions or determine patient care outcomes. Final decisions affecting patient care remain with the customer and its qualified healthcare professionals.

To the extent any automated processing carried out through the Services produces decisions that have a legal or similarly significant effect on an individual within the meaning of applicable law, the applicable customer is generally responsible for providing required notices and responding to related requests, unless otherwise required by applicable law or agreed in writing. PerfectServe will assist the customer as required by applicable law and applicable contractual obligations.

13. HOW TO EXERCISE YOUR RIGHTS

You can exercise any of these rights by submitting a request through our privacy request form available here, or by contacting us at connect@perfectserve.net.

We may require you to verify your identity before responding to your request to protect your personal information.

If your request relates to information processed on behalf of another organization that uses our services, we may direct you to contact that organization, which controls how your information is handled.

We will respond to requests within the timeframes required under applicable privacy laws.

14. ADDITIONAL RIGHTS FOR ALL CUSTOMERS

Requests for Deactivating Your User Profile
If you no longer wish to use our Services, our customer may be able to deactivate your account. First, please contact customer with your request. If you are a customer and are unable to deactivate an end-user account through your administrator settings, please submit a request through our privacy request form. Please be aware that deactivating your account does not delete your information; your information remains visible to other Service users based on your past participation within the Services.

Requests to Opt-Out of Marketing Communications and Notifications
We offer those who provide personal contact information a means to choose how we use the information provided. You may manage your receipt of marketing and non-transactional communications by sending a request to privacy. You may opt-out of receiving promotional communications from us by using the unsubscribe link within each email. Even after you opt-out from receiving promotional messages from us, if you are an agent of a customer, you will continue to receive transactional messages from us regarding our Services. You can opt out of some notification messages in your account settings.

Requests to Stop Certain Processing
You may request that we restrict, stop, or cease certain processing of your personal information where you believe the Company does not have the appropriate rights to process it, where you have withdrawn consent previously provided, or where otherwise required by applicable law. We may retain and continue to process certain information where necessary to provide the Services, comply with legal or contractual obligations, maintain security, prevent fraud or misuse, complete transactions, protect legal rights, or as otherwise permitted by applicable law.

15. CHILDREN

The Services are intended for healthcare professionals and are not directed to children. Accordingly, the Company does not knowingly collect or solicit personal information from children.

For individuals located in the United States, and 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 Services or send any information about yourself to us, including your name, address, mobile device number, or email address.

For individuals located in the EEA, UK, or Switzerland, the Company will not knowingly collect or solicit personal information from anyone under the age of 16 or knowingly allow such persons to register, unless a lower age threshold applies under applicable law. If you are under 16, or under the applicable age threshold in your jurisdiction, please do not attempt to register for the Sites or Services or send any information about yourself to us.

If we become aware that a child has provided us with personal information in violation of this Section, we will take steps to delete such information in accordance with applicable law.

16. BUSINESS TRANSFER

The Company 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.

17. UPDATES TO THIS POLICY

The Company reserves the right to modify this 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 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 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.

18. SUPPLEMENTAL PRIVACY TERMS APPLICABLE TO CERTAIN REGIONS

Canada
Personal information (as the term is defined in the Personal Information Protection and Electronic Documents Act of Canada (“PIPEDA”)) will be collected, stored, used and/or processed by the Company in compliance with the Company’s obligations under PIPEDA and other applicable Canadian privacy laws.

19. CONTACT US

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

PerfectServe, Inc.
Attn: Corporate Counsel
1221 Brickell Ave, Suite 1090
Miami, FL 33131, United States

If you are located in the United Kingdom, you may contact our UK GDPR representative regarding matters related to the processing of your personal data at UKGDPRRep@8foldgovernance.com.

If you are located in the EEA, UK, or Switzerland and have questions or concerns regarding your privacy or security on our Sites or Services, feel free to contact us at dataprotectection@perfectserve.com with a copy to legal@perfectserve.com.