Privacy Policy

User-provided Information. When you use the LiveCare Solution, the LiveCare Solution collects information about you entered by your provider(s) or transmitted by your Virtual Care devices, which would be “personally identifiable” information, “protected health information,” or “personal information” defined as information that specifically identifies an individual. LiveCare may also collect other forms of personal information, including name, email address, mailing address, and mobile phone number. Personal information also includes other information, such as date of birth, geographic area, the identity and contact information of your health care provider(s), and who may have access to the data processed through the LiveCare Solution.

Information You Give to Us

Information We Automatically Collect from Your Use of the LiveCare Solution. When you use the LiveCare Solution, we automatically collect personal information from and about the Virtual Care devices you use and how you use them. This information is necessary for the effective performance of the LiveCare Solution, to enable us to comply with legal obligations and given our legitimate interest in being able to provide and improve the functionalities of the LiveCare Solution.

Geo-location Information. When you use the LiveCare Solution, we may collect information about your precise or approximate location as determined through data such as your IP address. Additionally, the LiveCare Solution includes a connection through a third-party cellular network.  LiveCare may, upon User request, track the location of the Link+ using cellular or IP address information.

Usage Information. We collect information about your interactions with the LiveCare Solution, such as the data you or your Virtual Care Devices have transmitted and other actions on the LiveCare Solution.

Log Data and Device Information. We automatically collect log data and device information when you use a Virtual Care Device linked to the LiveCare Solution or some device-independent function of the LiveCare Solution. That information includes, among other things: details about how you’ve used the LiveCare Solution, including but not limited to IP address, access dates and times, hardware and software information, device information, device event information, and unique identifiers.

Cookies and Similar Technologies. When you use our Solution, we employ cookies and other similar technologies. We may use technologies like cookies, web beacons, pixels,  server logs, and mobile identifiers to automatically gather certain information. In many instances, the data we get through the use of cookies and other techniques is only utilized in a non-identifiable manner without making use of personal data.

Information We Collect from Third Parties. LiveCare may collect information, including personal information, that others such as your health care provider(s) provide about you when they access the platform or data from the LiveCare Solution, or obtain information from other sources and combine that with information we collect through the LiveCare Solution. We do not govern, supervise or respond to how the third parties handling your information process your Personal Information, and any information request regarding the disclosure of your personal information to us should be contacted directly to such third parties.

Information Usage

How We Use Information We Collect. We may use, store, and process personal information to (1) provide all the LiveCare Solution functionalities as described at https://www.livecareusa.com; (2) collect, analyze and transmit your Protected Health information to your authorized health care provider(s); (3) provide, understand, improve, and develop the LiveCare Solution, (4) create and maintain a trusted and safer environment (such as to comply with our legal obligations and ensure compliance with LiveCare Policies), (5) provide, personalize, measure, and improve our advertising and marketing; and (6) respond to emergency alerts, including providing personal information about your identity, condition and location to emergency responders through the LiveCare emergency services portal https://wms.live-care.co/.

Provide, Improve, and Develop the LiveCare Solution. We use the information derived from the LiveCare Solution to operate, maintain, enhance and provide all features of the LiveCare Solution, to provide LiveCare Solution and information that you or your health care provider may request, to respond to comments and questions, and otherwise to provide support to Users.

Applicable Law

LiveCare shall make every reasonable effort to comply with the Privacy and Security Rules under the Health Insurance Portability and Accountability Act of 1996 (“HIPAA”), the Health Information Technology for Economic and Clinical Health (“HITECH”) Act of 2009, and the regulations promulgated thereto.  LiveCare complies with these federal laws and applicable state laws, including but not limited to the California Privacy Rights and Enforcement Act of 2020 (the “CPRA”) and the California Consumer Privacy Act of 2018 (the “CCPA”) as well as the European Union General Data Protection Regulation (“GDPR”) regarding the privacy and security of protected health information.  Any questions or concerns regarding the privacy or security of protected health information on the LiveCare Solution or in the Content or Links shall be reported to the LiveCare Privacy Officer immediately at Info@LiveCare.com.

How we use your Protected Health Information

This Privacy Policy describes how we protect your privacy as a User of the LiveCare Solution, not as a patient receiving care from your health care provider using the LiveCare Solution. All information shared with your health care provider is subject to your health care provider’s professional and legal duties of confidentiality and responsibility, which we do not control. If you are receiving care through the LiveCare Solution from a health care provider, you have other rights with respect to the access, use and disclosure of PHI. For a more complete description of a patient’s rights under HIPAA, please refer to your health care provider’s Notice of Privacy Practices, which provides important information to you about how your PHI may be used and disclosed.

LiveCare is dedicated to maintaining the privacy and integrity of your protected health information (“PHI”). Under HIPAA, PHI is information about you that may be used to identify you (such as your name, social security number, or address), and that relates to (a) your past, present, or future physical or mental health or condition, (b) the provision of health care to you, or (c) your past, present or future payment for the provision of health care. In providing the LiveCare Solution, we will receive and create records containing your PHI to assist in providing you a better LiveCare Solution, conduct our management and administrative activities, and otherwise, as stated in this Privacy Policy. You may also choose to grant access to your account to your health care provider(s) or communicate directly with your health care provider(s).

We may also use your de-identified PHI to run (or authorize third parties to run) statistical or other research on individual or aggregate health or medical trends. Such research would only use your PHI in an anonymous manner that cannot be tied directly back to you. We offer the LiveCare Solution consistent with applicable federal and state laws governing health information privacy and security.

When we disclose information. Except as described in this Policy, we will not disclose your information that we collect on the LiveCare Solution to third parties without your consent. We may disclose information to third parties if you consent to us doing so, as well as in the following circumstances:

LiveCare may make certain information available in the provision of the Solution as described at https://www.livecareusa.com or with respect to emergency services at https://wms.live-care.co/.

LiveCare may make certain automatically collected, aggregated, or otherwise non-personally-identifiable information available to third parties for various purposes, including (i) compliance with various reporting obligations; (ii) for updating, upgrading, improving the LiveCare Solution or for either business or marketing purposes; or (iii) to assist such parties in understanding our users’ interests, habits, and usage patterns for certain programs, content, LiveCare Solutions, and/or functionality available through the LiveCare Solution.

LiveCare may disclose your information if required to do so by law or in the good-faith belief that such action is necessary to comply with state and federal laws (such as U.S. copyright law), in response to a court order, judicial or other government subpoena or warrant, or to otherwise cooperate with law enforcement or other governmental agencies.

LiveCare also reserves the right to disclose your information that we believe, in good faith, is appropriate or necessary to (i) take precautions against liability, (ii) protect ourselves or others from fraudulent, abusive, or unlawful uses or activity, (iii) investigate and defend ourselves against any third-party claims or allegations, (iv) protect the security or integrity of the LiveCare Solution and any facilities or equipment used to make the LiveCare Solution available, or (v) protect our property or other legal rights (including, but not limited to, enforcement of our agreements), or the rights, property, or safety of others.

Information about our users, including personal information, may be disclosed and otherwise transferred to an acquirer, or successor or assignee as part of any merger, acquisition, debt or equity financing, sale of assets, or similar transaction, as well as in the event of an insolvency, bankruptcy, or receivership in which information is transferred to one or more third parties as one of our business assets.

Sharing & Disclosure

To assist us provide or enhance the LiveCare Solution, we may disclose your information to our third-party vendors, consultants, agents, and other service providers with whom we have a business associate agreement under HIPAA. For instance, we might collaborate with businesses to host and manage our data, the characteristics of our website or analyze our data;

We may disclose your health information to third party vendors in accordance with HIPAA requirements and your providers' internal privacy practices. For further details regarding these requirements, refer to the HIPAA Privacy Rule at 45 C.F.R. section 164.506;

We may also share de-identified aggregated information (information about our users that we combine together so that it no longer identifies or references an individual user) and other anonymized information for regulatory compliance, industry and market analysis, research, demographic profiling, marketing and advertising, and other business purposes. We may de-identify and aggregate your data, for business purposes in accordance with our agreements with our HIPAA Covered Entity Clients (healthcare providers).

Your Rights

Managing Your Information. You may access and update some of your information. If you have chosen to connect your LiveCare Account to a specific provider and change providers, you can request that LiveCare make your LiveCare information available to the new provider(s).

Rectification of Inaccurate or Incomplete Information. You have the right to ask us to correct inaccurate or incomplete personal information about you (and which you cannot update yourself within your LiveCare Account).

Data Access and Portability

Under Certain Circumstances, you may have the right to obtain copies of your personal information that we maintain under the law in some jurisdictions. Additionally, you may be able to ask for copies of your personal information that you have given to us in a manner that is organized, generally accepted, and machine-readable, as well as the transfer of that data to another service provider (where technically feasible).

Data Retention and Erasure. We generally retain your personal information for as long as is necessary for the provision of LiveCare services and to comply with our legal obligations. In certain jurisdictions, you can request that all your personal information be deleted. Please note that if you request the erasure of your personal information, (1) we may not be able to provide the LiveCare Solution; and (2) we may retain some of your personal information as necessary for our legitimate business purposes, such as fraud detection and prevention and enhancing safety; and (3) we may retain and use your personal information to the extent necessary to comply with our legal obligations. For instance, LiveCare might keep copies of your information to comply with tax, legal reporting, and auditing obligations.

Withdrawing Consent and Restriction of Processing. If we are processing your personal information with your consent, you have the right to revoke that consent at any time. Please be aware that the use of the LiveCare Solution carried out in reliance on your consent before it was withdrawn, unaffected by your decision to withdraw it, and access to LiveCare terminates with that revocation.

Security

We are continuously implementing and updating administrative, technical, and physical security measures to help protect your information against unauthorized access, loss, destruction, or alteration. Some of the safeguards we use to protect your information are firewalls and data encryption, and information access controls. These safeguards are intended to secure our system and meet our obligations under the HIPAA Security Standards. If we learn of a security systems breach, we may attempt to notify you and your provider(s) so that you can take appropriate protective steps. Depending on where you live, you may have a legal right to receive notice of a security breach in writing.

International Visitors

The LiveCare Solution is hosted in the United States and is intended for visitors located within the United States. If you choose to use the LiveCare Solution from the European Union or other regions of the world with laws governing data collection, use that may differ from U.S. law. Please note that you are transferring your personal information outside those regions to the United States for storage and processing. Also, we may transfer your data from the U.S. to other countries or regions in connection with storing and processing data, fulfilling your requests, and operating the LiveCare Solution. By providing any information, including personal information, on or to the LiveCare Solution, you consent to such transfer, storage, and processing.

Changes and Updates to this Policy

Please revisit this page periodically to stay aware of any changes to this Policy, which we may update from time to time.  If the modifications materially alter your rights or obligations hereunder, we will make reasonable efforts to notify you of the change. Your continued use of the LiveCare Solution after the revised Policy has become effective indicates that you have read, understood, and agreed to the current version of the Policy.

Complaints, Questions, Comments. Our Contact Information

Please contact us with any questions or comments about this Privacy Policy, your personal information, our use and disclosure practices, or your consent choices by email at info@livecareusa.com.

You may also file written complaints with the Office of Civil Rights of the U.S. Department of Health and Human Services at the following address:

Office for Civil Rights

https://www.hhs.gov/hipaa/filing-a-complaint/complaint-process/index.html

Or

Centralized Case Management Operations
U.S. Department of Health and Human Services

200 Independence Avenue, S.W.
Room 509F HHH Bldg.
Washington, D.C. 20201

Or

Email to OCRComplaint@hhs.gov