PULSARA PRIVACY POLICY

 

This Privacy Policy explains how CommuniCare Technology, Inc. t/a Pulsara and its related companies (“We”) collect, hold, use and disclose your personal information. It also contains information about how you may request access to, or correction of, your personal information and how you may make a complaint regarding your privacy. 

We comply with New Zealand's Privacy Act (“Privacy Act”) and, in some cases, the Health Information Privacy Code 1994 ("HIPC"). 

This Privacy Policy applies in respect of the Pulsara mobile applications (“App” or “Application”), the website http://pulsara.com/ (“Website”), any other Pulsara products or services (“Pulsara Services”) and any other personal information which we collect, hold, use or disclose. It applies to healthcare workers, patients and any other individuals who visit our Website or otherwise provide us with personal information. This is important information. Please read it carefully. 

What is Personal Information?

In the Privacy Act, personal information is any information about an identifiable individual. For the purpose of this Privacy Policy, personal information also includes health information as defined in the HIPC or any other applicable laws.

Collection of Personal Information

For Healthcare Workers

When you download, register with and use an App, we will collect personal information about you. This may include personal information that: (1) you submit via the App, such as personal information you provide when you create your personal account, add information to your user profile or contact us with questions or for help; and (2) the hospital or other healthcare facility/provider on behalf of which you are providing medical services to patients in connection with the App (“Organisation”) provides about you, such as details of your employment.

The Application is to be used by you in connection with your provision of medical services to patients. By using the Application, you agree that we can collect and use your personal and other information as described in this Privacy Policy. If you don't agree, please don't use the App.

Usually when we collect personal information, we do so in connection with services we are providing to an Organisation, in which case we hold the personal information as agent for the Organisation for the purposes of data processing as required to provide services to the Organisation.

The personal information we collect includes:

  • Your name, email address, mobile phone number, user name, password, department, and other registration information.
  • Other information you input into the App or related services, including search terms, downloaded information and papers, and requests for information.
  • If you elect to use the “record” functionality in the App, we will collect audio and/or visual recordings of you.
  • Information about your mobile device which you use to access the App, which is limited to information regarding the brand, make, and model and type of operating software your device uses. This information may be personal information when combined with other information we hold about you.
  • Your location. Certain features of the App use GPS technology to collect real-time information about the location of your device so that the App can determine your approximate distance from the hospital or other health care facility where a patient is being transported. This information may be personal information when combined with other information we hold about you.

We may also collect personal information relating to you that appears in the medical and treatment information of your patients, such as patient treatment response times, and communications about patients transmitted by you, the Organisation and other providers who provide healthcare services to your patients.

Your use of the App is governed by the End User License Agreement (“EULA”) you enter into and agree to when downloading the App. To the extent that there is a conflict between this Privacy Policy and the EULA, the EULA will prevail with respect to your use of the App and this Privacy Policy will prevail with respect to our collection, use, disclosure and storage of your personal information.

For Users of the Website

We will collect personal information about you when you visit the Website, contact us via the Website, subscribe for updates or otherwise provide any information via the Website, whether for publication or otherwise.

The personal information we may collect includes:

  • Contact information including name, email address, and any other information you elect to submit via the Website.

  • Technical information, including the domain and host from which you access the Internet, the Internet Protocol (IP) address of the computer you are using, the browser software and operating system you are using, the date and time that you access our Website, the specific pages you visit at our Website, the number of visits you make to our Website, the number of visits to specific pages you make at our Website and products or services viewed at our Website.

  • Information from “cookies”, which are small pieces of information which the Website stores on your device in order to identify you when you subsequently visit the Website and can later retrieve.

  • Information from “web beacons”, which are graphic image files embedded in web page used to monitor activity on a web page and send information from your browser back to a server of the host site, a network advertiser or some other third party, such as the IP address, the URL of the page on which the beacon is located, the type of browser that is accessing the site, and the ID number of any cookies on your computer previously placed by that server.

We do not advertise on our website. However, we do use third- party cookies alone or in conjunction with web beacons or other tracking technologies to collect information about you. This may include information about your behavior on this and other websites in order to serve you interest-based targeted (behavioral) advertising solely about our product when visiting other interest-based websites served by our third-party advertising network.

For Patients

If you are treated by a healthcare provider who is using a Pulsara Service, your personal information is collected by the organisation that your healthcare provider works for or is providing services to, not Pulsara. However, your personal information will be held, used, and disclosed by Pulsara in accordance with this Privacy Policy. When we collect personal information from a healthcare provider using a Pulsara Service, we do so in connection with services we are providing to that healthcare provider under an agreement with them. In those circumstances, we hold the personal information as agent for the healthcare provider for the purposes of data processing as required to provide services to the healthcare provider.

If you download, register with, and use one of our Apps, we will collect personal information about you. This may include personal information that you submit via the App, such as personal information you provide when you create your personal account, add information to your user profile, or contact us with questions or for help. We will also collect other personal information which you or the healthcare worker who is providing medical services to you submits via the App.

The Application is to be used by you in connection with the provision of medical services to you. By using the Application, you agree that we can collect and use your personal and other information as described in this Privacy Policy. If you don't agree, please don't use the App.

The personal information we collect includes:

  • Your name, email address, mobile phone number, user name, password and other registration information.
  • Other information you input into the App or related services, including search terms and requests for information.
  • Information about your mobile device which you use to access the App, which is limited to information regarding the brand, make, and model and type of operating software your device uses. This information may be personal information when combined with other information we hold about you.
  • Your location. Certain features of the App use GPS technology to collect real-time information about the location of your device so that the App can determine your approximate distance from the hospital or other health care facility. This information may be personal information when combined with other information we hold about you.
  • Health information provided by a healthcare provider in connection with healthcare services they are providing to you (such as your medical condition).

Your use of the App is governed by the End User License Agreement (“EULA”) you enter into and agree to by downloading the App. To the extent that there is a conflict between this Privacy Policy and the EULA, the EULA will prevail with respect to your use of the App and this Privacy Policy will prevail with respect to our collection, use, disclosure and storage of your personal information.

We may also collect personal information about you if you enquire about our products and services , if you are a staff member of one of our customers (whether or not you actually use any Pulsara Services), and if you are a staff member of one of our suppliers or other business partners.

Use and Disclosure of Personal Information.

For Healthcare Workers

We may use and disclose personal information:

  • To provide you with the App and its contents, and any other information, products or services that you request from us.

  • To respond to your inquiries, complaints, and other communications.

  • To facilitate communications between you and other healthcare providers and the Organisation. 

  • To help you and the Organisation keep a record of health care treatment and health-related information.

  • To carry out our obligations and enforce our rights arising from any contracts entered into between you and us or the Organisation and us.

  • To notify you when App updates are available, and of changes to any products or services we offer or provide though it.

  • As necessary, to send patients’ healthcare information to you, the Organisation and/or other healthcare providers in an emergency, to allow them to provide care to patients.

  • To improve the quality of healthcare through the performance of quality reviews and similar activities.

  • Subject to applicable legal requirements, to conduct health-related research. We will not publish information in peer-reviewed articles that identifies you personally, unless you agree in writing.

  • In any other way we may describe when you provide the information, or to fulfill any other purpose for which you provide it or for any other purpose with your consent. 

For Users of the Website

We may use and disclose personal information:

  • To provide you with our Website and its contents.

  • To respond to your enquiries, complaints, and other communications.

  • To contact you with information about our products and services, including updating you on special offers, product announcements and other information related to our products and services, and the healthcare industry generally, if you sign-up via our Website.

  • To cross-reference with other personal information we may have acquired about you or may acquire about you through other sources for profiling and/or demographic purposes.

  • With your consent we may also occasionally contact you to gather customer service information to help us determine how we can improve our services and products to better meet your needs.

  • In any other way we may describe when you provide the information, or to fulfill any other purpose for which you provide it or for any other purpose with your consent. 

We use the technical information we collect from you to generate aggregate statistics about visitors to our Website. We may also collect, aggregate and maintain anonymous information about the visitors to our Website. This data can then be used to tailor the Website’s content to deliver a better experience for our visitors. We may further share such aggregate information about our visitors with advertisers, business partners, sponsors and other third parties.

For Patients

If you are treated by a healthcare provider who is using a Pulsara Service, we will use and disclose your personal information (including health information) which your healthcare providers submit via the Pulsara Services solely for the purpose of providing the Pulsara Service. We may disclose your personal information to other healthcare providers who are providing services to you and the organisation(s) they work for, to allow them to provide care to you.

If you are using one of our Apps, we may use and disclose personal information you provide to us via the App:

  • To provide you with the App and its contents, and any other information that you request from us.

  • To respond to your inquiries, complaints, and other communications.

  • To facilitate communications between you and your healthcare provider(s). 

  • To notify you when App updates are available, and of changes to any products or services we offer or provide though it. 

  • In any other way we may describe when you provide the information, or to fulfill any other purpose for which you provide it or for any other purpose with your consent. 

Disclosures of Personal Information

In addition to any specific disclosures described elsewhere in this Privacy Policy, we may disclose your personal information:

  • To our subsidiaries and affiliates, whether in New Zealand or otherwise.

  • To contractors, service providers, and other third parties we use to support our business.

  • As required by law, which can include providing information as required by a court order.

  • When we believe in good faith that disclosure is necessary to protect your safety or the safety of others, for the conduct of proceedings before a court or tribunal or to respond to a government request.

  • To a buyer or other successor in the event of a merger, divestiture, restructuring, reorganization, dissolution or other sale or transfer of some or all of Pulsara’s assets, whether as a going concern or as part of bankruptcy, liquidation or similar proceeding, in which personal information held by Pulsara about our App users is among the assets transferred.

  • For any other purpose disclosed by us when you provide the information.

We may also disclose your personal information to third parties for the following legal reasons: (1) to comply with valid legal requirements such as a law, regulation, search warrant, subpoena or court order; (2) to protect and defend us, our subsidiaries and affiliates, and all of their officers, directors, employees, attorneys, agents, contractors and partners, in connection with any legal action, claim, or dispute; (3) to prevent imminent physical harm, such as a physical threat to you or others; and (4) to restrict or prohibit your access to our website or app in the event that we find that your actions on our Website or App in the event that we find your actions violate any laws, our Terms of Use, or any of our usage guidelines for specific products or services. In the event that we are legally compelled to disclose your personal information to a third party, we will attempt to notify you unless doing so will violate the law or a court order.

Transfer of Personal Information outside of New Zealand

We may also need to access and use personal information outside of New Zealand for the purpose of providing support services to users of the Pulsara Services. For this purpose we may transfer your personal information and hold it outside of New Zealand, primarily in the United States. 

We may also disclose your personal information to recipients who are located outside of New Zealand, including in the United States for the purpose of providing support services. We will use reasonable endeavours to ensure people we disclose your personal information to outside New Zealand are required to protect it in a way that provides comparable safeguards to those in the Privacy Act, such as via contractual data protection obligations or because they are subject to laws of another country with comparable protections. However, you acknowledge that sometimes overseas recipients of your personal information may not be required to protect it in a way that provides comparable safeguards to those in the Privacy Act or HIPC. You authorise us to disclose your personal information to overseas recipients as described in this Privacy Policy.

How We Hold Personal Information

To the extent possible, we want to be sure that your personal information is secure, and can't be misused. Therefore, we take steps to protect the security of your personal information which we hold. We hold your personal information:

  • On secure servers. We may keep more than one copy so that if one is damaged, another remains available;

  • Using electronic security measures such as encryption. Encryption changes data into a mathematical code so that unauthorized people can't read it. It helps protect your personal information; 

  • Using physical security measures, like a locked data centre; and

  • In accordance with our administrative security measures, including policies and rules about how our employees use personal information and who is permitted to handle certain types of more sensitive personal information.

By using several different kinds of security measures, we try to protect your personal information. However, no security is perfect, and no security system can prevent all security breaches.

Ways You Can Control the Data We Collect or Use: 

For Healthcare Workers

The only way you can opt-out of our collection, use and disclosure of your personal information is to not download or use the Application.

For Users of the Website

To opt out of our collection, use and disclosure of your personal information, please do not provide your personal information to us. 

You are not able to opt out of the uses of your technical information as described in this Privacy Policy. However, you have the ability to manage the use of cookies on your device using controls in your browser. To learn more about how to manage cookies, visit http://www.allaboutcookies.org. At this time, we are not honouring “do not track” signals from web browsers. If you do not wish for us to collect your information, please follow the opt out procedure.

For Patients

If you do not wish us to collect, use and disclose your personal information via the App, you should not download or use the Application.

If you have any concerns about your healthcare provider’s use of any Pulsara Services, please speak to your healthcare provider.

For Marketing-Communication Opt-Ins

If you have received a marketing communication from us, you may opt-out of receiving further marketing information by following the instructions in the communication itself or by notifying us using the contact details set out below that you no longer wish to receive information and communications from us.

Changes to Our Policies

This Privacy Policy may be updated from time to time, for any reason. We will tell you about changes to the Privacy Policy by posting the new Privacy Policy on the Website, or by inserting a new pop-up box in the Application. If you have given us your email address, we might also send the new Privacy Policy to your email address. It is a good idea to review the Privacy Policy from time to time, both to check for changes, and to remind yourself of how your personal information is collected, held, used and disclosed.

Access to and Correction of Your Personal Information

You may request access to or correction of the personal information that we hold about you by contacting us. Our contact details are set out below. There are some circumstances in which we are not required to give you access to your personal information. 

There is no charge for requesting access to your personal information but we may require you to meet our reasonable costs in providing you with access (such as photocopying costs or costs for time spent on collating large amounts of material) - we will only charge you where we are permitted to do so under the Privacy Act.

We will respond to your requests to access or correct personal information in a reasonable time, and in any case within the time periods required under the Privacy Act, and will take all reasonable steps to ensure that the personal information we hold about you remains accurate, up to date and complete.

Complaints

If you have a complaint about the way in which we have handled any privacy issue, including a request for access or correction of your personal information, you should contact us. Our contact details are set out below.

We will consider your complaint and determine whether it requires further investigation. We will notify you of the outcome of this investigation and any subsequent internal investigation. 

If you remain unsatisfied with the way in which we have handled a privacy issue, you may approach an independent advisor or contact the Office of the Privacy Commissioner (https://www.privacy.org.nz/) for guidance on alternative courses of action which may be available.

Contact Us

If you have any questions, comments, or concerns regarding this Privacy Policy or your privacy generally, please contact us via email at the following address:

privacy@pulsara.com

Or in writing to:

CommuniCare Technology, Inc., dba Pulsara
2880 Technology Blvd. W., Suite 183
Bozeman, MT  59718
United States of America

Last updated December 1, 2020