Notice of Privacy Practices
THIS NOTICE DESCRIBES HOW INFORMATION (INCLUDING HEALTH INFORMATION) ABOUT YOU MAY BE USED AND DISCLOSED AND HOW YOU CAN GET ACCESS TO THIS INFORMATION. PLEASE REVIEW IT CAREFULLY.
Modify Health LLC ("ModifyHealth," "we" or "us") is committed to protecting your privacy. This Notice of Privacy Practices (this "Notice") applies to Modify Health LLC and affiliates, ModifyHealth’s website (www.modifyhealth.com), ModifyHealth’s mobile applications, and other blogs, websites, or surveys provided by us, and governs data collection and usage at all ModifyHealth affiliated sites and services; it does not apply to other online or offline sites, products or services. ModifyHealth is a general audience web site, intended for users of all ages. Personal information of all users is collected, used and disclosed as described in this Notice.
This Notice contains important information regarding your health information. Our current Notice is posted at www.modifyhealth.com/pages/privacy. You also have the right to receive a paper copy of this Notice and may ask us to give you a copy of this Notice at any time. If you have any questions about this Notice, or would like a paper copy of this Notice, please contact the person listed in Section 3, below.
This Notice describes how the ModifyHealth Program (the “Program”), and any third party that assists in the administration of the Program, may use and disclose your personal and health information for treatment, payment, health care operations and for other purposes that are permitted or required by law. This Notice also describes your rights to access and control your health information. “Health information” is information that is maintained or transmitted by the Program, which may identify you and that relates to your past, present, or future physical or mental health or condition and related health care services.
This Notice applies to all of the medical records we maintain. Your personal doctor or health care provider may have different policies or notices regarding their use and disclosure of your health information.
Please note that these rules apply to the Program, not Modify Health LLC as an employer.
Information We Collect
We collect a variety of information from or about you or your devices from various sources, as described below.
Registration and Account Information: When you register for the Program, we ask for your name, email, member password, as well as dietary and food allergy information. If you sign up using a social media account, we may also receive information from that social media service.
Communications: When you communicate with us, we may receive additional information about you. For example, when you communicate with our Customer Support Team, we will receive information such as your name, email address, the contents of a message or attachments that you may send to us, and other information you choose to provide. If you respond to one of our surveys, we may receive your name, email address, date of birth, zip code, and any allergy or medical information you choose to provide. When we send you emails, we may track whether you open them to learn how to deliver a better customer experience and improve our Program.
Payment Information: If you make a purchase through the Program, such as when you pay for additional features or upgrade to a different usage tier, your payment-related information, such as credit card or other financial information, is collected by our third-party payment processor on our behalf.
Information We Collect When You Use the Program
Device Information: We receive information about the device you use to access the Program, including, internet protocol (“IP”) address, web browser type, operating system version, and information about your device.
Location Information: When you use the Program, we infer the general physical location of your device and the geographic regions our users come from. For example, your IP address may indicate your general geographic region.
Information from Cookies and Similar Technologies: We and third-party partners collect information using cookies, pixel tags, or similar technologies. Our third-party partners, such as analytics and advertising partners, may use these technologies to collect information about your online activities over time and across different services. Cookies are small text files containing a string of alphanumeric characters. We may use both session cookies and persistent cookies. A session cookie disappears after you close your browser. A persistent cookie remains after you close your browser and may be used by your browser on subsequent visits to the Program.
Please review your web browser’s “Help” file to learn the proper way to modify your cookie settings. Please note that if you delete or choose not to accept cookies from the Program, you may not be able to utilize the features of the Program to their fullest potential.
How We May Use and Disclose Health information About You. Absent explicit instructions from you to the contrary, ModifyHealth may generally use and disclose your health information without your permission for purposes of health care treatment, payment activities, and health care operations. These uses and disclosures are more fully described below. Please note that this Notice does not list every use or disclosure; instead it gives examples of the most common uses and disclosures.
Treatment: When and as appropriate, we may use or disclose health information about you to facilitate medical treatment or services by providers. We may disclose health information about you to health care providers, including doctors, nurses, technicians, medical students, or other hospital personnel who are involved in taking care of you. For example, we might disclose information about you with physicians who are treating you.
Payment: When and as appropriate, we may use and disclose health information about you to determine your eligibility for the Program’s benefits, to facilitate payment for the treatment and services you receive from health care providers, to determine benefit responsibility and coverage under the Program, or to coordinate your coverage.
Health Care Operations: When and as appropriate, we may use and disclose health information about you for the Program’s operations, as needed. For example, we may use your health information in connection with: conducting quality assessment and administration improvement; business planning and development such as cost management; and business management and general administrative activities of the Program. For example, we may use your information to review the effectiveness of the Programs or in negotiating new arrangements with insurers.
Program Maintenance and Enhancement: To provide, maintain, improve, and enhance the Program, and to understand and analyze how you use the Program and develop new products, services, and features.
Communications. To communicate with you, provide you with updates and other information relating to the Program, provide information that you request, respond to comments and questions, and otherwise provide customer support.
- Marketing. For marketing purposes, such as communicating updates about the Program and/or our affiliates or partners that may be of interest to you.
Aggregated Data. To de-identify and/or aggregate information collected through the Program for our business purposes.
Security. To find and prevent fraud, and respond to trust and safety issues that may arise.
Compliance. For compliance purposes, including enforcing our Terms of Service or other legal rights, or as may be required by applicable laws and regulations or requested by any judicial process or governmental agency.
- Other Purposes. For other purposes for which we provide specific notice at the time the information is collected.
We may share or otherwise disclose information we collect from or about you as described below or otherwise disclosed to you at the time of collection.
Affiliates: We may share any information we receive with our corporate affiliates and partners for any of the purposes described in this Notice.
Service Providers: We may share any information we receive with contractors, service providers and other third parties retained in connection with the provision Program or to promote other products or services which may be of interest to our users.
Analytics Partners: We use analytics services such as Google Analytics to collect and process certain analytics data. These services may also collect information about your use of other websites, apps, and online resources. You can learn about Google’s practices by going to https://www.google.com/policies/privacy/partners/, and opt-out of them by downloading the Google Analytics opt-out browser add-on, available at https://tools.google.com/dlpage/gaoptout.
Advertising Partners: We work with third party advertising partners to show you ads that we think may interest you. These advertising partners may set and access their own cookies, pixel tags and similar technologies on our Program websites, apps and other electronic tools, and they may otherwise collect or have access to information about you which they may collect over time and across different online services. Some of our advertising partners are members of the Network Advertising Initiative (http://optout.networkadvertising.org/?c=1#!/) or the Digital Advertising Alliance (http://optout.aboutads.info/?c=2&lang=EN). If you do not wish to receive personalized ads, please visit their opt-out pages to learn about how you may opt out of receiving web-based personalized ads from member companies. You can access any settings offered by your mobile operating system to limit ad tracking, or you can install the AppChoices mobile app to learn more about how you may opt out of personalized ads in mobile apps.
As Required by Law and Similar Disclosures: We may access, preserve, and disclose information about you if we believe doing so is required or appropriate to: (a) comply with law enforcement requests and legal process, such as a court order or subpoena; (b) comply with requests from auditors, examiners, or other regulators; (c) respond to your requests; or (d) protect your, our, or others’ rights, property, or safety.
Merger, Sale, or Other Asset Transfers: We may disclose and transfer information about you to service providers, advisors, potential transactional partners, or other third parties in connection with the consideration, negotiation, or completion of a corporate transaction in which we are acquired by or merged with another company or we sell, liquidate, or transfer all or a portion of our business or assets.
At Your Direction: We may disclose information about you to fulfill the purpose for which you provide it.
Consent: We may also disclose information from or about you or your devices with your permission.
Marketing Communications: You can unsubscribe from our promotional emails via the link provided in the emails. Even if you opt out of receiving promotional messages from us, you will continue to receive administrative messages from us.
Do Not Track: There is no accepted standard on how to respond to Do Not Track signals, and we do not respond to such signals.
Deletion of your information: You have the right to ask us to delete personal information about you if it no longer is required for the purpose it was collected, you have withdrawn your consent, or you have a valid objection to us using your personal information. You may request deletion of your personal information by completing this form.
OTHER PERMITTED USES AND DISCLOSURES
Disclosure to Others Involved in Your Care:We may disclose health information about you to your physician, or to any other person you identify, provided the information is directly relevant to that person’s involvement with your health care.
To Comply with Federal and State Requirements:We will disclose health information about you when required to do so by federal, state, or local law. For example, we may disclose health information when required by the U.S. Department of Labor or other government agencies that regulate us; to federal, state, and local law enforcement officials; in response to a judicial order, subpoena, or other lawful process; and to address matters of public interest as required or permitted by law. We are required to disclose health information about you to the Secretary of the U.S. Department of Health and Human Services if the Secretary is investigating or determining compliance with HIPAA, or to authorized federal officials for intelligence, counterintelligence and other national security activities authorized by law. We may disclose your health information to a health oversight agency for activities authorized by law (such as audits, investigations, inspections, and licensure).
Business Associates:We may disclose your health information to our business associates. We have contracted with entities to help us administer the Program. We will enter into contracts with these entities requiring them to only use and disclose your health information as we are permitted to do so.
- Other Uses: If you are an organ donor, we may release your health information to organizations that handle organ procurement or organ, eye, or tissue transplantation or to an organ donation bank, as necessary to facilitate organ or tissue donation and transplantation. We may release your health information to a coroner or medical examiner. If you are an inmate of a correctional institution or under the custody of a law enforcement official, we may release your information to the correctional institution or law enforcement official.
Your Rights Regarding Health Information About You. You have the following rights regarding health information that we maintain about you:
Right to Inspect and Copy: You have the right to inspect and obtain a copy of your health information that may be used to make decisions about your benefits under the Program.
- If you request a copy of the information, we may charge a fee for the costs of copying, mailing, or other supplies associated with your request.
- We may deny your request to inspect and copy in certain very limited circumstances. If you are denied access to health information, you may request that the denial be reviewed. If the Program does not maintain the health information, but knows where it is maintained, you will be informed of where to direct your request.
Your Right to Amend: If you feel that health information we have about you is incorrect or incomplete, you may ask us to amend the information. You have the right to request an amendment for as long as the information is kept by or for the Program.
You also must provide a reason that supports your request.
We may deny your request for an amendment if it is not in writing or does not include a reason to support the request. In addition, we may deny your request if you ask us to amend any of the following information:
- Information that is not part of the health information kept by or for the Program.
- Information that was not created by us, unless the person or entity that created the information is no longer available to make the amendment.
- Information that is not part of the information which you would be permitted to inspect and copy.
- Information that is accurate and complete.
You must make any of the requests described above, to the person listed in Section 3, below.
Changes to This Notice. This Notice may be revised from time to time. We will post any adjustments to the Notice on this page, and the revised version will be effective as of the last updated date below. If we materially change the ways in which we use or share information from or about you or your devices previously collected from you through the Program, we will make reasonable efforts to notify you of the changes by sending a notice to the primary email address provided to us and/or by placing a notice on the Program.
Other Uses of Health information. Other uses and disclosures of health information that are not covered by this Notice or the laws that apply to us will be made only with your written permission. If you grant us permission to use or disclose health information about you, you may revoke that permission, in writing, at any time. If you revoke your permission, we will no longer use or disclose health information about you for the reasons covered by your written authorization. You understand that we are unable to take back any disclosures we have already made with your permission.
- Contact Information. All correspondence relating to the contents of this Notice should be directed as follows:
Attn: Privacy Officer
190 Bluegrass Valley Parkway
Alpharetta, Georgia 30005
The effective date of this Notice is November 1, 2022