SigmaMD Privacy Policy

Sigmoid acts solely as a technology platform to provide you with our Services (as defined below), including connecting you with health care professions and physicians. This Privacy Policy is designed to help you understand how Sigmoid Health Inc. (“Sigmoid,” “we,” “us,” or “our”) collects, uses, processes, and shares your personal information, and to help you understand and exercise your privacy rights.

Privacy Policy Table of Contents

1. SCOPE TO THIS PRIVACY POLICY
2. PERSONAL INFORMATION WE COLLECT
3. HOW WE USE YOUR PERSONAL INFORMATION
4. HOW WE DISCLOSE YOUR PERSONAL INFORMATION
5. YOUR PRIVACY CHOICES
6. RETENTION OF PERSONAL INFORMATION
7. SUPPLEMENTAL NOTICE FOR NEVADA RESIDENTS
8. CHILDREN’S INFORMATION
9. OTHER PROVISIONS
10. CONTACT US

1. SCOPE TO THIS PRIVACY POLICY

This Privacy Policy applies to personal information processed by us, including on our websites, mobile applications, and other online or offline offerings, such as SigmaMD. To make this Privacy Policy easier to read, our websites, web & mobile applications, and other offerings are collectively called the “Services.”

Supplemental Notices. Sigmoid may provide additional privacy notices to individuals at the time we collect their personal information. For example, we may provide a specific privacy notice to participants that describes our privacy practices in connection with health information. These additional privacy notices may supplement this Privacy Policy or may apply in lieu of this Privacy Policy.

‍Notice Regarding Patient Protected Health Information. In some cases, physicians and other licensed professionals who are registered with Sigmoid and utilize our Services to deliver in-person care and telehealth services (each a “Clinician”) and/or professional practices (each a “Practice”) may use our Services to treat or otherwise interact with patients (each a “Patient”). This Privacy Policy does not apply to any protected health information about Patients that is subject to the Health Insurance Portability and Accountability Act and its implementing regulations (“HIPAA”) that we process solely on behalf of Clinicians and/or Practices pursuant to a business associate agreement (“Patient PHI”). The Clinicians’ and/or Practices’ respective notice of privacy practices govern their collection and use of this Patient PHI. Our processing of this Patient PHI is governed by the business associate agreements that we have in place with the Clinicians and/or Practices, not this Privacy Policy. Any questions or requests relating to Patient PHI should be directed to the relevant Clinician and/or Practice.
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Note that if a Patient asks us to process their Patient PHI outside the scope of their relationship with a specific Clinician and/or Practice, this information may be subject to our Privacy Policy.

Changes to our Privacy Policy. We may revise this Privacy Policy from time to time in our sole discretion. If there are any material changes to this Privacy Policy, we will notify you as required by applicable law. You understand and agree that you will be deemed to have accepted the updated Privacy Policy if you continue to use our Services after the new Privacy Policy takes effect.

2. PERSONAL INFORMATION WE COLLECT

The categories of personal information we collect depend on how you interact with us, our Services, and the requirements of applicable law. We collect information that you provide to us, information we obtain automatically when you use our Services, and information from other sources such as third-party services and organizations, as described below.

A. Personal Information You Provide to Us Directly

We may collect personal information that you provide to us.

• Patient Accounts. If you are a Patient, we may collect personal information in connection with the creation or administration of your account, such as your name, email address, phone number, address, health information, details about your medical history, and any other information that you provide to us or that we otherwise collect.
• Clinician/Practice Accounts. If you are a Clinician or an employee of a Practice, we may collect personal information in connection with the creation or administration of your account, such as your name, email address, phone number, address, professional details, whether you work for or are affiliated with a Practice, and any other information that you provide to us or that we otherwise collect.
• Regulatory Information. We may collect personal information where required to comply with regulatory requirements.
• Purchases. We may collect personal information and details associated with your purchases, including payment information. Any payments made via our Services are processed by third-party payment processors. We do not directly collect or store any payment card information entered through our Services, but we may receive information associated with your payment card information (for example, your billing details).
• Your Communications with Us. We may collect personal information, such as email address, phone number, or mailing address when you request information about our Services, register for our newsletter, request customer or technical support, or otherwise communicate with us.
• Surveys. We may contact you to participate in surveys. If you decide to participate, we may collect personal information from you in connection with the survey.
• Interactive Features. We and others who use our Services may collect personal information that you submit or make available through our interactive features (for example, messaging and chat features, commenting functionalities, forums, blogs, and social media pages). Any information you provide using the public sharing features of the Services will be considered “public,” unless otherwise required by applicable law, and is not subject to the privacy protections referenced herein.
• Sweepstakes or Contests. We may collect personal information you provide for any sweepstakes or contests that we offer. In some jurisdictions, we are required to publicly share information of sweepstakes and contest winners.
• Conferences, Trade Shows, and Other Events. We may collect personal information from individuals when we attend or host conferences, trade shows, and other events.
• Business Development and Strategic Partnerships. We may collect personal information from individuals and third parties to assess and pursue potential business opportunities.
• Job Applications. We may post job openings and opportunities on our Services. If you respond to one of these postings, we may collect your personal information, such as your application, CV, cover letter, and/or any other information you provide to us.

B. Personal Information Collected Automatically

We may collect personal information automatically when you use our Services.

• Automatic Collection of Personal Information. We may collect certain information automatically when you use our Services, such as your Internet protocol (IP) address, user settings, MAC address, cookie identifiers, mobile carrier, mobile advertising and other unique identifiers, browser or device information, location information (including approximate location derived from IP address), and Internet service provider. We may also automatically collect information regarding your use of our Services, such as pages that you visit before, during and after using our Services, information about the links you click, the types of content you interact with, the frequency and duration of your activities, and other information about how you use our Services.
• Cookie Policy (and Other Technologies). We, as well as third parties that provide content, advertising, or other functionality on our Services, may use cookies, pixel tags, and other technologies (“Technologies”) to automatically collect information through your use of our Services.‍
• Cookies. Cookies are small text files placed in device browsers that store preferences and facilitate and enhance your experience.‍
• Pixel Tags/Web Beacons. A pixel tag (also known as a web beacon) is a piece of code embedded in our Services that collects information about engagement on our Services. The use of a pixel tag allows us to record, for example, that a user has visited a particular web page or clicked on a particular advertisement. We may also include web beacons in e-mails to understand whether messages have been opened, acted on, or forwarded.‍
• Analytics. We may use Technologies and other third-party tools to process analytics information on our Services. These Technologies allow us to better understand how our digital Services are used and to continually improve and personalize our Services. Some of our analytics partners include:‍
• Google Analytics. For more information about how Google uses your personal information (including for its own purposes, for example, for profiling or linking it to other data), please visit Google Analytics’ Privacy Policy. To learn more about how to opt-out of Google Analytics’ use of your information, please click here. For our Services that require authentication, we have taken steps, on a best effort basis, to not share health information with Google Analytics, and to anonymize the users IP address.

See “Your Privacy Choices and Rights” below to understand your choices regarding these Technologies.

C. Personal Information Collected from Other Sources

• Clinicians/Practices. We may obtain personal information about you from other Clinicians/Practices that you interact with via our Services or that you otherwise direct to share personal information with us.
• Third-Party Services and Sources. We may obtain personal information about you from other sources, including through Third-Party Services and other organizations.  For example, you may direct a Third-Party Service to share your health information with us.
• Referrals and Sharing Features. Our Services may offer various tools and functionalities that allow you to provide personal information about your friends through our referral service. Our referral services may also allow you to forward or share certain content with a friend or colleague, such as an email inviting your friend to use our Services. Please only share with us contact information of people with whom you have a relationship (for example, relative, friend, neighbor, or co-worker).

3. HOW WE USE YOUR PERSONAL INFORMATION

We use your personal information for a variety of business purposes, including to provide our Services, for administrative purposes, and to market our products and Services, as described below.

A. Provide Our Services

We use your information to fulfil our contract with you and provide you with our Services, such as:

• Connecting you to patient portals to retrieve and download your health data and health insurance data;
• Assisting with the entry of your health data;
• To maintain the safety, security, and integrity of the Services.
• Accessing patient education materials and preventive information;
• Providing a directory listing of Clinicians;
• Providing price comparison and cost of care estimation tools for services offered by physicians and other licensed professionals, labs, medications, imaging, and other clinical products or services;
• Conducting patient intake assessments through questionnaires to facilitate symptom-based triage, utilizing patient-provided responses;
• Facilitating chat-based and video-based communication with Clinicians;
• Providing SMS, in-app, and push notification alerts and other types of messages directly sent to you outside or inside the Services if you opt-in to receive them (our Privacy Policy provides information describing our data processing practices with respect to these alerts and messages);
• Assisting with the generation of diagnostic orders and retrieval of results, e-prescriptions, and referrals to Clinicians; and
• Collection and processing of payments on behalf of Clinicians and other providers registered with Sigmoid for clinical products and services rendered to or on behalf of patients.

B. Administrative Purposes

We use your information for various administrative purposes, such as:

• Managing your information and accounts;
• Providing access to certain areas, functionalities, and features of our Services;
• Answering requests for customer or technical support;
• Communicating with you about your account, activities on our Services, and policy changes;
• Processing your financial information and other payment methods for products or Services purchased;
• Processing applications if you apply for a job we post on our Services;
• Allowing you to register for events;
• Pursuing our legitimate interests such as direct marketing, research and development (including marketing research), network and information security, and fraud prevention;
• Detecting security incidents, protecting against malicious, deceptive, fraudulent or illegal activity, and prosecuting those responsible for that activity;
• Measuring interest and engagement in our Services;
• Improving, upgrading, or enhancing our Services;
• Developing new products and services;
• Ensuring internal quality control and safety;
• Authenticating and verifying individual identities, including requests to exercise your rights under this Privacy Policy;
• Debugging to identify and repair errors with our Services;
• Auditing relating to interactions, transactions, and other compliance activities;
• Sharing personal information with third parties as needed to provide the Services;
• Enforcing our agreements and policies; and
• Carrying out activities that are required to comply with our legal obligations.

C. Marketing and Advertising our Products and Services

We may use personal information to tailor and provide you with content and advertisements. We may provide you with these materials as permitted by applicable law.

Some of the ways we may market to you include email campaigns.

Our use and transfer of information received from Google APIs to any other app will adhere to the Google API Services User Data Policy, including the Limited Use requirements.

If you have any questions about our marketing practices, you may contact us at any time as set forth in “Contact Us” below.

D. Other Purposes

We also use your personal information for other purposes as requested by you or as permitted by applicable law.

• With Your Consent. We may use personal information for other purposes that are clearly disclosed to you at the time you provide personal information or with your consent.
• De-identified and Aggregated Information. We may use personal information to create de-identified and/or aggregated information, such as demographic information, information about the device from which you access our Services, or other analyses we create.

4. HOW WE DISCLOSE YOUR PERSONAL INFORMATION

We disclose your personal information to third parties for a variety of business purposes, including to provide our Services, to protect us or others, or in the event of a major business transaction such as a merger, sale, or asset transfer, as described below.

A. Disclosures to Provide our Services

The categories of third parties with whom we may share your personal information are described below.

• Others You Share or Interact With. The Services may allow you to share personal information or interact with other individuals or Clinicians/Practices. For example, Patients may share personal information with Clinicians/Practices and Clinicians/Practices may interact with Patients.
  
  Any personal information provided to Practices and/or Clinicians will also be subject to their terms, conditions, and policies.
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  We are not responsible for the processing of your personal information by other individuals or Clinicians/Practices that you share or interact with.
• Third-Party Services You Share or Interact With. Certain features and functionalities of the Services may link to or allow you to interface, interact, share information with, direct us to share information with, access and/or use third-party websites, services, products, and technology (collectively, “Third Party Services”).
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  Third-Party Services may include, but are not limited to, diagnostic laboratories, diagnostic imaging centers, home phlebotomy providers, and pharmacies.
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  Any information shared with or otherwise collected by a Third-Party Service may be subject to the Third-Party Service’s privacy policy. We are not responsible for the processing of personal information by Third-Party Services.
• Service Providers. We may share your personal information with our third-party service providers and vendors that assist us with the provision of our Services. This includes service providers and vendors that provide us with IT support, hosting, payment processing, customer service, and related services.
• Authorized Users of Clinicians and/or Practices. If you access our Services as an authorized user of one of our Clinician or Practice customers, that customer may access information associated with your use of the Services including personal information, usage data, the contents of communications, files associated with your account, and testing results. Your personal information may also be subject to the Clinician’s and/or the Practice’s privacy policy. We are not responsible for the processing of your personal information by these parties.
• Business Partners. We may share your personal information with business partners to provide you with a product or service you have requested. We may also share your personal information with business partners with whom we jointly offer products or services.
• Affiliates. We may share your personal information with our company affiliates.

B. Disclosures to Protect Us or Others

We may access, preserve, and disclose any information we store associated with you to external parties if we, in good faith, believe doing so is required or appropriate to: comply with law enforcement or national security requests and legal process, such as a court order or subpoena; protect your, our, or others’ rights, property, or safety; enforce our policies or contracts; collect amounts owed to us; or assist with an investigation or prosecution of suspected or actual illegal activity.

Disclosure in the Event of Merger, Sale, or Other Asset Transfers

If we are involved in a merger, acquisition, financing due diligence, reorganization, bankruptcy, receivership, purchase or sale of assets, or transition of service to another provider, your information may be sold or transferred as part of such a transaction, as permitted by law and/or contract.

5. YOUR PRIVACY CHOICES

Your Privacy Choices. The privacy choices you may have about your personal information are determined by applicable law and are described below.

• Email Communications. If you receive an unwanted email from us, you can use the unsubscribe link found at the bottom of the email to opt out of receiving future emails. Note that you will continue to receive transaction-related emails regarding products or Services you have requested. We may also send you certain non-promotional communications regarding us and our Services, and you will not be able to opt out of those communications (for example, communications regarding our Services or updates to our Terms or this Privacy Policy).
• Text Messages. We may use SMS or MMS Text Messages for Multi-factor authentication, for transactional purposes, and for delivery of our Services.
• Mobile Devices. We may send you push notifications through our mobile application. You may opt out from receiving these push notifications by changing the settings on your mobile device. With your consent, we may also collect precise location-based information via our mobile application. You may opt out of this collection by changing the settings on your mobile device. However, we strongly recommend you do not opt out of push notifications, as notifications are used for the delivery of our Services.
• “Do Not Track.” Do Not Track (“DNT”) is a privacy preference that users can set in certain web browsers. Please note that we do not respond to or honor DNT signals or similar mechanisms transmitted by web browsers.
• Cookies and Personalized Advertising. You may stop or restrict the placement of Technologies on your device or remove them by adjusting your preferences as your browser or device permits. However, if you adjust your preferences, our Services may not work properly. Please note that cookie-based opt-outs are not effective on mobile applications. However, you may opt-out of personalized advertisements on some mobile applications by following the instructions for Android, iOS, and others.
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  The online advertising industry also provides websites from which you may opt out of receiving targeted ads from data partners and other advertising partners that participate in self-regulatory programs. You can access these and learn more about targeted advertising and consumer choice and privacy by visiting the Network Advertising Initiative, and the Digital Advertising Alliance.
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  Please note you must separately opt out in each browser and on each device.

6. RETENTION OF PERSONAL INFORMATION

We store the personal information we collect as described in this Privacy Policy for as long as you use our Services, or as necessary to fulfill the purpose(s) for which it was collected, provide our Services, resolve disputes, establish legal defenses, conduct audits, pursue legitimate business purposes, enforce our agreements, and comply with applicable laws.  

To determine the appropriate retention period for personal information, we may consider applicable legal requirements, the amount, nature, and sensitivity of the personal information, certain risk factors, the purposes for which we process your personal information, and whether we can achieve those purposes through other means.

7. SUPPLEMENTAL NOTICE FOR NEVADA RESIDENTS

If you are a resident of Nevada, you have the right to opt-out of the sale of certain personal information to third parties who intend to license or sell that personal information. Please note that we do not currently sell your personal information as sales are defined in Nevada Revised Statutes Chapter 603A. If you have any questions, please contact us as set forth in below.

8. CHILDREN’S INFORMATION

The Services are not directed to children under 18, and we do not knowingly collect personal information from children.

If you are a parent or guardian and believe your child has uploaded personal information to our site without your consent and wish to review information collected from your child, or have that information modified or deleted, you may contact us as described in “Contact Us” below. If we become aware that a child has provided us with personal information in violation of applicable law, we will delete any personal information we have collected, unless we have a legal obligation to keep it, and terminate the child’s account, if applicable.

9. OTHER PROVISIONS

Third-Party Websites/Applications/Services. The Services may contain links to other websites/applications and other websites/applications may reference or link to our Services. These third-party services are not controlled by us. We encourage our users to read the privacy policies of each website and application with which they interact. We do not endorse, screen, or approve, and are not responsible for the third party’s actions or omissions, including but not limited to their privacy practices, content of such other websites or applications, and errors or bugs in their software. Providing personal information to third-party websites or applications is at your own risk.
‍“Personal Information” We Collect: The categories of “personal information,” as defined in the CCPA, that we collect include:

10. Contact Us

If you have any questions about our privacy practices or this Privacy Policy, need to access this Policy in an alternative format due to having a disability, or to exercise your rights as detailed in this Privacy Policy, please contact us at:

Sigmoid Health dba SigmaMD
2855 Kifer Rd Ste 230
Santa Clara, CA 95051-0831

contact@sigmamd.com