Privacy Policy

TouchCare Privacy Policy
Last updated July 2014

This Privacy Policy discloses the information practices of TouchCare LLC (“TouchCare”) that are applicable to this website and/or mobile application (collectively, the “TouchCare Services”). For purposes of this Privacy Policy, “TouchCare” means and includes TouchCare LLC and its affiliates and subsidiaries and its and their investors, officers, directors, employees, agents, representatives and assigns. We encourage you to read this Privacy Policy carefully. Terms not defined in this Privacy Policy shall have the meaning set forth in TouchCare’s Terms of Use. By accessing, viewing, and/or using the TouchCare Services, each user (individually, “User” or “you” and collectively, “Users”) understands and agrees to the privacy practices contained herein as well as to the TouchCare Medical Service Providers’ Notice of Privacy Practices. If you object to anything in this Privacy Policy or TouchCare’s Terms of Use or Medical Service Providers’ Notice of Privacy Practices, or otherwise do not understand or agree to be bound by this Privacy Policy or TouchCare’s Terms of Use or Medical Service Providers’ Notice of Privacy Practices, do not use the TouchCare Services and exit immediately.

1. Notice of Privacy Policy Changes. TouchCare may update this Privacy Policy to reflect changes to information practices. If any material changes are made, Users will be notified by e-mail (sent to the e-mail address provided) or by means of a notice on the TouchCare Services prior to the change becoming effective. Users are encouraged to review this page upon each visit to the TouchCare Services for the latest information on TouchCare’s information practices.

2. Information Collection, Use and Removal. TouchCare collects, stores, analyzes and uses information, content and materials Users post or submit via the TouchCare Services, including without limitation contact information (such as name, e-mail address and physical address), medical information (see Medical Service Providers’ Notice of Privacy Practices), and financial information (such as credit card number and expiration date) (collectively, “User Information”). User Information will be used by TouchCare or third parties on TouchCare’s behalf for purposes relating to the TouchCare Services including, without limitation, facilitation of teleconferences with medical providers, billing, payment, and customer service matters. User consents to the collection, storage, analysis and use of User Information as set forth in this Privacy Policy, TouchCare’s Terms of Use, and Medical Service Providers’ Notice of Privacy Practices. TouchCare may also collect, store, analyze and use information about Users provided by Medical Service Providers for the purposes set out in this Privacy Policy and in TouchCare’s Terms of Use and Medical Service Providers’ Notice of Privacy Practices, For assistance in removing User Information from TouchCare’s database, please contact us at support@touchcare.com.

3. Use of Tracking Technologies. TouchCare and third parties on TouchCare’s behalf use various tracking technologies, including without limitation cookies, web beacons, tokens, web analytics and other clickstream data, to collect, store, analyze, use and disclose information from and about Users’ devices, Users’ activities on the TouchCare Services, and Users’ activities on the Internet, generally, in order to:

  1. offer a personalized experience when visiting the TouchCare Services and using the Internet, generally;
  2. deliver the products and services requested;
  3. manage User accounts and provide Users with customer support;
  4. perform research and analysis about the use of, or interest in, TouchCare products, services, or content, or products, services, or content offered by third parties;
  5. communicate by e-mail, postal mail, telephone and/or mobile devices about products or services that may be of interest to Users, either from TouchCare or other third parties;
  6. track Users’ use of the TouchCare Services and advertisements;
  7. develop, deliver, and display targeted content and advertising on the TouchCare Services and other websites;
  8. measure the effectiveness of online advertising, content, programming or other activities;
  9. enforce our Terms of Use and the Medical Service Providers’ Notice of Privacy Practices;
  10. process payment for any purchases made on the TouchCare Services;
  11. protect against or identify possible fraudulent transactions;
  12. perform functions as otherwise needed to manage TouchCare’s business; and
  13. perform functions as otherwise described to Users at the time of collection.

4. Information Sharing. TouchCare will disclose User Information to third parties only in the ways and for the purposes that are described in this Privacy Policy, TouchCare’s Terms of Use, and Medical Service Providers’ Notice of Privacy Practices. TouchCare may disclose User Information in TouchCare’s sole discretion: (a) to third parties that provide services on behalf of TouchCare and/or in connection with the TouchCare Services; (b) if required or permitted pursuant to any applicable law, regulation, or court or administrative order; (c) in connection with any User’s violation of or to otherwise enforce TouchCare’s rights under the Terms of Use, Medical Service Providers’ Notice of Privacy Practices, or other agreements with TouchCare; (d) to protect the property of TouchCare; or (e) to protect the personal safety and/or rights of employees of TouchCare, other Users, or members of the public. Further, and notwithstanding anything herein to the contrary, TouchCare may transfer, sell and/or distribute User Information to third parties: (x) with the exception of protected health information, for the satisfaction of any debt or upon liquidation of TouchCare should such a situation arise; (y) to a purchaser or transferee of all or a portion of TouchCare’s assets in conjunction with the sale or transfer of such assets; and/or (z) with the exception of financial and protected health information, at or for any other purpose in TouchCare’s sole discretion.

5. Consent. By using the TouchCare Services, User consents to TouchCare’s collection, storage, analysis, use and disclosure of User Information as set forth in this Privacy Policy, TouchCare’s Terms of Use, and Medical Service Providers’ Notice of Privacy Practices.

6. Third Party Websites. The TouchCare Services may contain third party advertising and links to third party websites. TouchCare is not responsible for the privacy practices or policies of these advertisers or websites. Please contact such advertisers or websites directly for more information about their privacy practices. TouchCare expressly disclaims, and each User expressly releases TouchCare from, any and all liability whatsoever for any controversies, claims, suits, injuries and/or damages, arising from and/or in any way related to third party advertisers and/or the use of links to third party websites that may appear on the TouchCare Services, including without limitation such websites’ availability, privacy policies, content, advertising, and/or products or other materials.

7. Security. The TouchCare Services use reasonable security measures in an attempt to keep User Information secure, including without limitation Secure Socket Layer (SSL) technology for sensitive User Information such as financial information. However, no data transmitted over or accessible through the Internet can be guaranteed to be 100% secure. As a result, TouchCare does not represent or warrant that User Information will be completely secure from misappropriation by hackers or from other nefarious or criminal activities, or in the event of a failure of computer hardware, software, or a telecommunications network. Any User Information is provided at User’s own risk. TouchCare expressly disclaims any and all liability whatsoever for any controversies, claims, suits, injuries and/or damages, arising from and/or in any way related to any User Information, including without limitation to any acts by other Users or third parties with respect to such User Information.

8. Information Retention Policy. TouchCare may retain User Information for an indefinite length of time in order to preserve the integrity of TouchCare databases, among other reasons. User consents to TouchCare’s storage of all such User Information for this indefinite length of time, at TouchCare’s sole discretion. If required by law, as is the case to comply with the Children’s Online Privacy Protection Act (COPPA), TouchCare will delete User Information by erasing it from TouchCare’s database upon request. TouchCare will also respond to written member requests to nullify User Information that is eligible for nullification in accordance with TouchCare’s then-current policies. However, TouchCare will retain and use User Information as necessary to comply with legal obligations, resolve disputes, and enforce TouchCare’s Terms of Use and Medical Service Providers’ Notice of Privacy Practices or other agreements. Any requests for such nullification will require verification of User’s identity. For nullification of User Information, or if you have any questions regarding this policy, please contact TouchCare at support@touchcare.com.

9. Choices Available to Users. Users can choose not to provide certain User Information, but the failure to provide certain User Information may result in the User being unable to use certain features of the TouchCare Services, such as registration and use of teleconsultation services. Users can correct, delete inaccuracies, change or remove account information at any time by adjusting the User profile.

10. Electronic Communications from TouchCare. By using the TouchCare Services, Users consent to TouchCare and/or third parties acting on behalf of TouchCare sending to User electronic messages relating to the TouchCare Services and the business of TouchCare. Users may choose whether to receive communications from TouchCare or third parties with which TouchCare has a commercial relationship by adjusting the User profile. Users who need assistance opting out of communications can contact TouchCare at support@touchcare.com. Users will be given the opportunity, in any commercial e-mail sent by TouchCare, to opt-out of receiving such communications in the future using the link at the bottom of the email, although Users may not opt-out of receiving administrative emails. It may take up to 10 days to process an opt-out request. Opting out of TouchCare communications will not automatically opt User out of third-party linked websites.

11. Public Forums. Any User Information disclosed in public areas of the TouchCare Services, such as message boards, becomes publicly-available information, and Users should exercise caution when deciding to disclose such User Information publicly. TouchCare expressly disclaims, and each User expressly releases TouchCare from, any and all liability whatsoever for any controversies, claims, suits, injuries and/or damages, arising from and/or in any way related to any User Information, including without limitation to any acts by Users with respect to such User Information. To request removal of User Information from TouchCare’s public areas, contact TouchCare at support@touchcare.com. In some cases, TouchCare may not be able to remove User Information, in which case TouchCare will let User know if and why it is unable to do so.

12. Protection of Children’s Privacy. The TouchCare Services are not developed for or directed at children. Therefore, TouchCare does not intend to collect information from individuals under 18 years of age or who have not been legally emancipated. If it is discovered that TouchCare has inadvertently collected information from an individual not meeting these requirements, TouchCare will promptly take all reasonable measures to delete that data from databases and systems.

13. Contacting TouchCare. If you have questions about this Privacy Policy, please contact TouchCare at support@touchcare.com.

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