Carebox Privacy Shield Policy
LAST UPDATED: February 25, 2020
Carebox Healthcare Solutions Inc. and its subsidiaries Carebox Solutions Ltd. and Final Four Health Solutions LLC dba EmergingMed (collectively, “Carebox”) has adopted this Privacy Shield Policy (“Policy”) to establish and maintain an adequate level of Personal Data privacy protection. This Policy applies to the processing of Personal Data that Carebox obtains from Customers and End Users of any Carebox Solution, located in the European Union and Switzerland.
The Federal Trade Commission (FTC) has jurisdiction over Carebox’s compliance with the Privacy Shield.
All Carebox employees who handle Personal Data from Europe and Switzerland are required to comply with the Principles stated in this Policy.
Capitalized terms are defined in Section 14 of this Policy.
This Policy applies to the processing of Individual Customer Personal Data that Carebox receives in the United States concerning Individual Customers who reside in the European Union and Switzerland. Carebox provides products and services to businesses and consumers.
This Policy does not cover data from which individual persons cannot be identified or situations in which pseudonyms are used. (The use of pseudonyms involves the replacement of names or other identifiers with substitutes so that identification of individual persons is not possible.)
II. RESPONSIBILITIES AND MANAGEMENT
Carebox has designated its Legal Department to oversee its information security program, including its compliance with the EU and Swiss Privacy Shield program. The Legal Department shall review and approve any material changes to this program as necessary. Any questions, concerns, or comments regarding this Policy also may be directed to email@example.com.
Carebox will maintain, monitor, test, and upgrade information security policies, practices, and systems to assist in protecting the Personal Data that it collects. Carebox personnel will receive training, as applicable, to effectively implement this Policy. Please refer to Section 7 for a discussion of the steps that Carebox has undertaken to protect Personal Data.
III. RENEWAL / VERIFICATION
Carebox will renew its EU-US Privacy Shield and Swiss-US Privacy Shield certifications annually, unless it subsequently determines that it no longer needs such certification or if it employs a different adequacy mechanism.
Prior to the re-certification, Carebox will conduct an in-house verification to ensure that its attestations and assertions about its treatment of Individual Customer Personal Data are accurate and that the company has appropriately implemented these practices. Specifically, as part of the verification process, Carebox will undertake the following:
- Ensure that this Policy continues to comply with the Privacy Shield principles
- Confirm that Individual Customers are made aware of the process for addressing complaints and any independent dispute resolution process (Carebox may do so through its publicly posted website, Individual Customer contract, or both)
- Review its processes and procedures for training Employees about Carebox’s participation in the Privacy Shield programs and the appropriate handling of Individual’s Personal Data
Carebox will prepare an internal verification statement on an annual basis.
IV. COLLECTION AND USE OF PERSONAL DATA
Carebox provides various solutions to its Individual Customers who use its solutions. Carebox collects Personal Data from Individual Customers when they purchase its products, register online in the context of a Carebox solution, log-in to their account, complete surveys/questionnaires, request information or otherwise communicate with us. For example, Individual Customers may choose to speak with a live clinical trial navigator or call center agent, send an email, or post to a message board.
The Personal Data that we collect may vary based on the Individual Customer’s interaction with our solutions and services. As a general matter, Carebox collects the following types of Personal Data from its Individual Customers: contact information, including, a contact person’s name, work email address, work mailing address, work telephone number, title, and company name, as well as medical and health related information such as that contained in doctor or hospital medical records of the Individual Customer. .
When Individual Customers use our services online, we will collect their IP address and browser type. We may associate IP address and browser type with a specific customer. We also may collect Personal Data from persons who contact us through our website to request additional information; in such a situation, we would collect contact information (as discussed above) and any other information that the person chooses to submit through our website or mobile applications.
The information that we collect from Individual Customers is used for providing services, managing transactions, reporting, and other operations related to providing services to the Individual Customer – including clinical trial “matching” and collection and organization of medical records.
Carebox does not disclose personal information to third parties for purposes that are materially different than what it was originally collected for. Should this change in the future, we will provide individuals with the option to opt-out.
V. DISCLOSURES / ONWARD TRANSFERS OF PERSONAL DATA
Except as otherwise provided herein, Carebox discloses Personal Data only to Third Parties who reasonably need to know such data only for the scope of the required transaction/services, and not for other purposes. Such recipients must agree to abide by confidentiality obligations.
Carebox may provide Personal Data to Third Parties that act as agents, consultants, and contractors to perform tasks on behalf of and under our instructions. For example, Carebox may store such Personal Data in the facilities operated by Third Parties. Such Third Parties must agree to use such Personal Data only for the purposes for which they have been engaged by Carebox and they must either:
- comply with the Privacy Shield principles or another mechanism permitted by the applicable EU & Swiss data protection law(s) for transfers and processing of Personal Data;
- or agree to provide adequate protections for the Personal Data that are no less protective than those set out in this Policy;
Carebox also may disclose Personal Data for other purposes or to other Third Parties when a Data Subject has consented to or requested such disclosure. Please be aware that Carebox may be required to disclose an individual’s personal information in response to a lawful request by public authorities, including to meet national security or law enforcement requirements. Carebox is liable for appropriate onward transfers of personal data to third parties.
VI. SENSITIVE DATA
Carebox may collect Sensitive Data, in particular health related information from its Individual Customers. Sensitive Data is only collected following express prior opt-in consent of the Individual Customer.
VII. DATA INTEGRITY AND SECURITY
Carebox uses reasonable efforts to maintain the accuracy and integrity of Personal Data and to update it as appropriate. Carebox has implemented physical and technical safeguards to protect Personal Data from loss, misuse, and unauthorized access, disclosure, alternation, or destruction. For example, electronically stored Personal Data is stored on a secure network with firewall protection, and access to Carebox’s electronic information systems requires user authentication via password or similar means. Carebox also employs access restrictions, limiting the scope of employees who have access to Individual Customer Personal Data. Further, Carebox uses secure encryption technology to protect certain categories of personal data. Despite these precautions, no data security safeguards guarantee 100% security all of the time.
IX. ACCESSING PERSONAL DATA
Carebox personnel may access and use Personal Data only if they are authorized to do so and only for the purpose for which they are authorized.
X. RIGHT TO ACCESS, CHANGE OR DELETE PERSONAL DATA
- Right to Access. Individual Customers have the right to know what Personal Data about them is included in the databases and to ensure that such Personal Data is accurate and relevant for the purposes for which Carebox collected it. Individual Customers may review their own Personal Data stored in Carebox solutions and may correct, erase, or block any data that is incorrect, as permitted by applicable law and Carebox policies. Upon reasonable request and as required by the Privacy Shield principles, Carebox allows Individual Customers access to their Personal Data, in order to correct or amend such data where inaccurate. Individual Customers may edit their Personal Data by contacting Carebox by phone or email. In making modifications to their Personal Data, Data Subjects must provide only truthful, complete, and accurate information. To request erasure of Personal Data, Individual Customers should submit a written request to firstname.lastname@example.org.
- Requests for Personal Data. Carebox will track each of the following and will provide notice to the appropriate parties under law and contract when either of the following circumstances arise: (a) legally binding request for disclosure of the Personal Data by a law enforcement authority unless prohibited by law or regulation; or (b) requests received from the Data Subject. If Carebox receives a request for access to his/her Personal Data from an Individual Customer, then, unless otherwise required under law or by contract with such Individual Customer, Carebox will refer such Data Subject to the Individual Customer.
- Satisfying Requests for Access, Modifications, and Corrections. Carebox will endeavor to respond in a timely manner to all reasonable written requests to view, modify, or inactivate Personal Data.
XI. CHANGES TO THIS POLICY
This Policy may be amended from time to time, consistent with the Privacy Shield Principles and applicable data protection and privacy laws and principles. Carebox will make employees aware of changes to this policy either by posting to our intranet, through email, or other means. Carebox will notify Customers if we make changes that materially affect the way we handle Personal Data previously collected, and we will allow them to choose whether their Personal Data may be used in any materially different manner.
XII. QUESTIONS OR COMPLAINTS
EU and Swiss Individual customers may contact Carebox with questions or complaints concerning this Policy at the following address: email@example.com.
Carebox commits to cooperate with the panel established by the EU data protection authorities (DPAs) and/or the Swiss Federal Data Protection and Information Commissioner, as applicable, and comply with the advice given by the panel and/or Commissioner, as applicable, with regard to data transferred from the EU and/or Switzerland, as applicable.
XIII. ENFORCEMENT AND DISPUTE RESOLUTION
In compliance with the EU-US and Swiss-US Privacy Shield Principles, Carebox commits to resolve complaints about your privacy and our collection or use of your personal information. EU and Swiss individuals with questions or concerns about the use of their Personal Data should contact us at: firstname.lastname@example.org.
If a Customer’s question or concern cannot be satisfied through this process Carebox has further committed to refer unresolved privacy complaints under EU-US Privacy Shield and Swiss-US Privacy Shield to an independent dispute resolution mechanism operated by the panel established by the EU data protection authorities (DPAs). Finally, as a last resort and in limited situations, EU and Swiss individuals may seek redress from the Privacy Shield Panel, a binding arbitration mechanism, about which additional information is available by clicking here.
XIV. DEFINED TERMS
“Individual Customer” means an individual customer or client of Carebox from EU or Switzerland, or the end-user of a Carebox solution from the EU or Switzerland who uses a solution deployed by any customer or client of Carebox. The term also shall include any individual where Carebox has obtained Personal Data from such individual as part of a business relationship with Carebox.
“Data Subject” means an identified or identifiable natural living person. An identifiable person is one who can be identified, directly or indirectly, by reference to a name, or to one or more factors unique to his or her personal physical, psychological, mental, economic, cultural or social characteristics. For Customers residing in Switzerland, a Data Subject also may include a legal entity.
“Employee” means an employee (whether temporary, permanent, part-time, or contract), former employee, independent contractor, or job applicant of Carebox or any of its affiliates or subsidiaries, who is also a resident of a country within the European Economic Area.
“Europe” or “European” refers to a country in the European Union.
“Personal Data” as defined under the European Union Directive 95/46/EC means data that personally identifies or may be used to personally identify a person, including an individual’s name in combination with country of birth, marital status, emergency contact, salary information, terms of employment, job qualifications (such as educational degrees earned), address, phone number, e-mail address, user ID, password, and identification numbers. Personal Data does not include data that is de-identified, anonymous, or publicly available. For Switzerland, the term “person” includes both a natural person and a legal entity, regardless of the form of the legal entity.
“Sensitive Data” means Personal Data that discloses a Data Subject’s medical or health condition, race or ethnicity, political, religious or philosophical affiliations or opinions, sexual orientation, or trade union membership.
“Third Party” means any individual or entity that is neither Carebox nor a Carebox employee, agent, contractor, or representative.