Privacy Policy

Last Revised: 23 April, 2013

Preamble

We understand the importance your privacy. This Privacy Policy applies to all of the products, apps, games, software, websites and services (each a "Service" and collectively "Services") offered by Nephosity, Inc. and its corporate division Jack Imaging, collectively "Jack". In this Privacy Policy, the words "we", "us", and "our" refer to Jack. This Privacy Policy describes the information we collect about you, how we use it, and how and when it can be shared with others. By using a Service, providing information though a Service, visiting a Jack website, installing our software, or registering for an account with us, you are agreeing to our collection, use, and disclosure of your information as described in this Privacy Policy. Please do not use or visit our Services or disclose any information to us if you would rather not have your information used or shared as we describe here.

Your Medical Privacy. Our Services enable account holders to upload and share medical images, such as x-rays, together with related health information. Jack's Services comply with all applicable federal and state laws pertaining to the privacy of such medical images and information. Healthcare providers such as doctors may also have accounts with Jack. Such providers in the United States of America ordinarily have more stringent privacy requirements and practices required under the Health Insurance Portability and Accountability Act of 1996 ("HIPAA") and subsequent modifications, i.e., "Modifications to the HIPAA Privacy, Security, Enforcement, and Breach Notification Rules Under the Health Information Technology for Economic and Clinical Health Act and the Genetic Information Nondiscrimination Act; Other Modifications to the HIPAA Rules" (2013), and Jack must adhere to them when healthcare providers use our Services to manage on their behalf the medical information of their patients. To learn about your healthcare provider's privacy practices and how they collect, use, and disclose the personal health information of their patients, ask to review their Notice of Privacy Practices.

Information collected

Personal Information. When you register for an account to use Jack's Services, you provide and Jack collects information that identifies you as a specific person, such as your name, email address, mailing address, and telephone number ("Personal Information"). Our Services enable account holders to upload and share medical images, together information regarding these images and your health, that when combined with your Personal Information is considered Personal Information as well.

Other Content You Provide. You may also provide Jack with information that provides us with a better idea of who you are, such as your gender, birthday, marital status, and family relations. When this information is connected with information that identifies you as a specific person, this information is considered Personal Information as well. You may also write status messages, add reviews, and provide other content as you use our Services, all of which our systems collect.

Service Data. When you use the Services, our servers, our mobile apps and the functionality of your Internet browser automatically record comprehensive information about the use and operation of the Services including user activity and interaction data ("Service Data"). Doing so enables us operate and improve the Services, provide better features and functionality, understand user experiences, compile statistical reports, and deliver specific content. As examples, Service Data includes performance metrics, Internet protocol addresses assigned by your internet service provider, and the diagnostic and configuration information about the browser, mobile device, operating system and computer you use to run our apps and access the Services.

Cookies. We use cookies with the Service to enable you to sign in help personalize the Service. A cookie is a small text file that your Internet browser stores on your computer to record and track information about your websites visits, store user preferences, and uniquely identify your browser and account. Your browser preferences can be modified to accept or reject all cookies, or request a notification when a cookie is set. However, the Services will no t work without your cookies enabled. The most widely-used browsers will allow you to delete the cookies and other information that the browser has stored in its local files.

Tracking pixels. Web pages may contain electronic images known as tracking pixels (sometimes called single-pixel gifs) that may assist in delivering cookies on our sites, to enable us to count users who have visited those pages, and to deliver co-branded services. We may include tracking pixels in e-mail messages or in our newsletters to determine whether you opened or acted upon those messages. Jack may also employ tracking pixels from third parties to help us compile aggregated statistics and determine the effectiveness of Web servers and content delivery, and to determine appropriate content to serve you, including ads. We prohibit third parties from using tracking pixels on our sites to collect or access your Personal Information.

Use and Sharing of Personal Information

Profile and Account Information. We may provide a profile page for you ("Profile") to share information about you and provide the information to other service providers, such as healthcare providers, separate programs and systems that can connect with the Service ("Programs"), other account holders, and the public. We will allow you to review and change the information you submit for your Profile by accessing your profile through your account.

Granting Access: Healthcare Providers and Programs. You can give healthcare providers and Programs permission to view, add, use, modify, or delete information in a record that has your Personal Information, including your health information once you grant access to them. As between you and the healthcare provider or Program, the healthcare provider or Program's notice of privacy practices govern the personal health information that you make accessible to them and that they collect. Th Service provides links to these notices of privacy practices when you to grant access to them. Please read these notices carefully for information such as where and how they may use, store and transfer your information; what additional information it may collect; how you can review, edit and delete the information it held; and other choices you may have. Jack requires healthcare providers and Programs to agree to provide accurate information about their privacy practices and comply with applicable laws. However, Jack does not control or actively monitor their privacy practices or their compliance, and their privacy practices will vary. The access you grant is valid until you revoke that access. Some Programs and healthcare providers store their own copy of the information they access and collect, and in some cases are legally required to retain the information for a period of time.

Service Operation. Jack may use your Personal Information and other information we collect about you and your use of the Services:

  • to respond to you, or to process, fulfill, validate and verify requests
  • to execute purchase orders and manage billing
  • to compile or distribute statistics or other aggregate information about our Services, users or usage patterns
  • to design and develop new features and Services
  • to tailor your experience with our Services, for example, configuring features and functions based on your selections and preferences, and
  • in any way we consider useful to provide, maintain, or improve our Services.

Connections to Your Other Accounts. The Services enable you to connect your Jack account with your accounts at third-party sites and services which we do not control (examples might include Google, Facebook, LinkedIn, and Yahoo). To do so, you must authenticate your account with the other site, and consent to having the other site share information about you with Jack. Once you connect the accounts, Jack may relay and format information you provide so that you may post the information onto your other account, and that site or service may send Jack information about your other account administered by them. Depending on the settings configured for your other accounts, your name, user name, email, and other information may be used by Jack and displayed to others to identify you. The information that these third parties collect is governed by their respective privacy policies, not ours.

Emails, Messages and Invitations. If you are using our mobile app, then we may use the email or phone number you provide to verify that you are the user of your phone or mobile device. We may use your email address to send you notices, updates, newsletters, or news regarding the Services. You may wish to grant our mobile app access to the contact information on your device as permitted by your device's operating software. If the recipient responds to a message sent by our server, we may collect the associated information. You may invite others to view or otherwise access your account information or your content, or to join Jack by sending invitations via email or the Services. When you do, we store the message information to register the respondents properly.

Custodian Access and Control. A key value of the Service is the ability to share your health information with people and services who can help you meet your health-related goals. For example, you can share health information from records you control:

  • to co-manage the health of a family member
  • to use it with other health-related products and services
  • to consult with your health care provider
  • to provide fitness information to coaches and trainers

You can share information in a health record you are custodian of with another person by sending a sharing invitation e-mail through the Service. If the person accepts your sharing invitation and has or creates a Service account, you have given him or her access to that information. You can specify how long they have access (custodian access does not expire but, like all sharing access, it can be revoked at any time) and whether they can modify the information in the record. Each person who accepts a sharing invitation can grant Programs the same level of access that the person has.

You can also choose to grant custodian access to other persons, such as your spouse, for any record of which you are a custodian. Custodian access is the broadest level of access, so you should think carefully before you grant custodian access to a record. Every custodian of a record has the same access to the record, including accessing, modifying, deleting, and sharing all the information in the record. A custodian can also revoke access to a record from any other custodian of the record, including you.

Embedded Information in Medical Images. Take special care when sharing medical images such as x-rays. These images may have Personal Information about you embedded in them. The Personal Information may be visible, attached as metadata, or readable only by a computer. If you share such images with anyone else, you will be sharing all such Personal Information as well. Jack will ask for your consent to strip the Personal Information from the image file before using the image file for research purposes.

Advertising, Promotions, and Marketing. Jack may use Personal Information for marketing and survey purposes only on its own behalf, or for its corporate affiliates and subsidiaries. Jack does not disclose your Personal Information for advertising or marketing purposes (a) without requesting and receiving your consent, or (b) unless you request offers, promotions, or information about the products or services of that party. For example, Jack or a marketing company that we work with may sponsor a promotion, sweepstakes or contest. You may be asked to provide Personal Information including your name, email address or home address or to answer questions to participate. We may then transfer your Personal Information to advertisers from whom you have requested to receive information.

Additional Use and Disclosure. Notwithstanding anything in this Privacy Policy to the contrary, Jack may retain, use or disclose your Personal Information and any other information under the following circumstances: (1) in response to subpoenas, court orders, or legal process, or to establish or exercise our legal rights or defend against legal claims; (2) if you violate or breach an agreement with Jack; (3) if we believe that you will harm the intellectual property or other rights of Jack or those of one or more Service users o visitors, (4) if we believe it is necessary to share information to investigate, prevent, or take action regarding illegal activities, suspected fraud, situations involving potential threats to the physical safety of any person, violations of our Terms of Use or as otherwise required by law, or (5) if you provide your consent for Jack to do so, whether you do so by email, using an online form, verbally, or otherwise.

Retention and Deletion. You can close your Jack account by signing into the Service and using the account closure procedure that you find there. If you ever close your account, Jack will delete your account information and all information that you provided for your Profile except as follows. Jack may retain your information for the reasons and purposes permitted by this Privacy Policy. Further, Jack may retain the information that you provided to or that was collected by a healthcare provider or Program if Jack is storing such information on their behalf. If you wish, you can request that they delete your information. However, in the case of medical records, they may be required by law to retain their records for a period of time. We may wait 90 days after you close your account before permanently deleting any account information to help avoid accidental or malicious removal of your health information. Contact Customer Service if you want to reopen an account during that time. Consider deletion carefully, because we may not be able to reopen it and/or restore data previously contained within it. All the Service Data stored on our mobile apps are deleted when you uninstall the mobile app.

Additionally, Jack can decide in its sole discretion to destroy any information provided by you, collected from you, or relating to you at any time, and for any reason, without any liability arising against Jack or its Contractors.

Links. This Privacy Policy applies only to our Services. The Services contain links that direct you to websites and services owned and operated by other companies, and that allow you to post information on other sites and services. Jack does not control, and assumes n responsibility for, the content, privacy policies, or practices of any third party websites or services, which may employ cookies or collect Personal Information. Jack does not censor or edit the content of any third party website or service. Please read the privacy policy of each third party whose website you visit and service you use.

Contractors. Jack develops, operates, and improves our Services using the services and technologies of technology providers, service vendors, and consultants that perform services for Jack or on Jack's behalf ("Contractors"). To utilize Contractors, Jack may share any or all of the information it collects or otherwise receives with Contractors, including your Personal Information, and Contractors may collect, use and disclose your information in all the ways that Jack can under this Privacy Policy. However, such Contractors will be obligated to adhere to this Privacy Policy. For this reason, the provisions in this Privacy Policy that restrict Jack from disclosing information to third parties do not apply to disclosure to Contractors, notwithstanding anything to the contrary.

Successors. If a corporate change in control occurs resulting from, for example, a sale to, or merger with, another entity, or if a sale of assets occurs or a bankruptcy, Jack reserves the right to transfer your Personal Information to the new party in control or the party acquiring assets. In the event of such a change, your Personal Information will continue to be treated in accordance with this Privacy Policy unless any changes to the Privacy Policy are made in accordance with the section below that discusses "Changes to This Privacy Policy".

Age and Adult Supervision. Persons under the age of 18 are not eligible to use the Services and must not submit any Personal Information to us. However, legal guardians of persons between the ages of 13-18 may act as a custodian of an account that the guardian creates and maintains on behalf of his or her ward.] Jack does not knowingly collect contact or Personal Information from persons under the age of 13. The Services are not intended to solicit information of any kind from children under the age of 13, or to target advertising to children under the age of 13. If you are a parent or guardian and dis cover that your child under the age of 18 has obtained a Services account, then you may alert Jack at

EMAIL GOES HERE privacy@jackimaging.com
and request that Jack delete that child's personal information from our systems.

Your Data and Content May Travel Worldwide. As a result of Jack's network architecture and business practices and the nature of electronic communications, even communications that seem to be intrastate in nature can result in the transmission of interstate and international communications regardless of where you are physically located at the time of transmission. Accordingly, by agreeing to our Terms of Service, you acknowledge that use of the Services results in interstate and international data transmissions and storage. Your information may be stored and processed in the United States of America or any other country in which Jack or its Contractors, affiliates, subsidiaries, successors or agents maintain facilities. By using the Services, you consent to any such transfer of information outside of your country.

Data Security. We use procedural and technical safeguards to protect Personal Information stored at our facilities. User accounts are secured from the public by user-created passwords. Messages between you and healthcare providers are encrypted. Even if a healthcare provider is alerted to incoming messages by email or other non-encrypted medium, the recipient must return to the website or mobile app and view the contents of the encrypted messages. We restrict access to Personal Information of users to those employees and Contractors who need access to perform their job functions, such as our customer service personnel and technical staff. However, perfect security does not exist. We cannot guarantee the absolute security of user account information. Unauthorized entry or use, hardware or software failure, and other factors may compromise the security of user information at any time. Also, please be aware that significant portions of your Personal Information and other information may be stored locally on your phone, computer or other device, and secured by your physical possession and use of the password security that you enable and maintain for the device's operating system. Please also note that the information that we collect on or through our mobile apps may be transmitted through your mobile carrier's network and your carrier may have access to it. For information regarding your carrier's treatment of your information, please consult your carrier's privacy policies.

Changes to This Privacy Policy. If we change this Privacy Policy, we will notify you by posting the revised Privacy Policy on our website, and either notifying you when you sign into your account, by email sent to the email address you provided in your account information, or an electronic message or notice that you may view once you sign into your account. It is your responsibility to provide an updated external email address, check for such notices, and make sure our notices have not been trapped by your spam filter. It is your responsibility to periodically revisit these Terms as posted on our website. Once we post a revised Privacy Policy on our website, the revised Privacy Policy will apply to all data collected or otherwise received before such posting unless explicitly stated otherwise in the updated Privacy Policy. Revised Privacy Policies will become effective when you view them on our website, or when we send any notification as described above, whichever occurs first. Your continued use of any of the Services or failure to cancel your account thereafter will indicate your acceptance of the revised Privacy Policy.

We hope that you share your thoughts about how we can improve or expand our Services. However, this Privacy Policy does not apply to nor does it restrict Jack from using or disclosing any comments, suggestions and recommendations that you provide to Jack with respect to the Service (including, without limitation, with respect to modifications, enhancements, improvements and other changes to the Service) (collectively, "Feedback").

Contact Information. Jack welcomes your comments regarding this privacy statement. If you have questions about this statement or believe that we have not adhered to it, please contact us by using our our Support page. If you have a technical or general support question, please visit our Support page. If you have questions or concerns regarding this Privacy Policy, please contact us at

EMAIL GOES HERE
or at the following address:

ADDRESS GOES HERE

If you do not agree to the Terms of Use or Privacy Policy, please do not use or visit any Service and do not disclose any information to us.

The following trademarks, service marks, logos and slogans are the trademarks of Nephosity, Inc.: "Jack", "Jack Imaging", and "Nephosity".

"Google", "Facebook", "LinkedIn", and "Yahoo" are the trademarks of Google Inc, Facebook Inc, LinkedIn Inc, and Yahoo Inc, respectively.

End of Privacy Policy