ListenMD Doctor-Privacy Policy

(Last updated Feb 23, 2021)

This Privacy Policy explains the type of and how information about you is collected, used and disclosed by Listen to the Doctor LLC (“ListenMD”, “we”, “us” or “our”). This Privacy Policy applies to information we collect when you use our website at www.listenMD.com and other website(s) that link to this privacy policy (“Sites”), mobile applications (“Apps”), and other services offered by us (collectively, the “Services”) and when you otherwise communicate with us using the Services.

Please read this policy carefully to understand our policy and practices regarding your information and how we will treat it. By downloading, registering with, or using our Services, you agree to this Privacy Policy. If you do not agree with our policies and practices, do not download, register with, or use our Services.

We may change this Privacy Policy from time to time. If we make changes, we will notify you by revising the date at the top of the policy and, in some cases, we may provide you with additional notice (such as adding a statement to our homepage or sending you a notification). Your continued use of the Services after we revise this Privacy Policy means you accept those changes, so we encourage you to review the Privacy Policy whenever you access the Services or otherwise interact with us to stay informed about our information practices and the ways you can help protect your privacy.

COLLECTION OF INFORMATION

Information You Provide to Us

We collect information you provide directly to us as well as automatically when you use the Services. For example, we collect information when you create an account, participate in any interactive features of the Services, including without limitation corresponding with patients and other healthcare providers (“Providers”) and uploading your patient information, fill out a form or questionnaire, request customer support or otherwise communicate with us. The types of information we may collect from you include:

  • Personal Information Information that identifies you as an individual or relates to an identifiable person, which may include, for example, your name, email address, postal address, phone number, and date of birth; and information about you but that individually does not identify you.
  • Patient Protected Health Information A subset of Personal Information of your patients that is protected by the Health Insurance Portability and Accountability Act of 1996 and its implementing regulations (“HIPAA”). Your patients’ Personal Information is Protected Health Information if they are a health plan member or a patient of yours, you are a “covered entity” under HIPAA and we are a “business associate” of yours.
  • Transaction Information We may collect your patients’ health insurance information and limited payment information from you, such as payment method and payment card information; however, we do not collect or store full payment card numbers and all transactions are processed by our third party payment processor.
  • Information About Others The contact information of your patients and other Providers, pharmacists, caregivers, emergency contacts, next of kin, and any dependents under their care.
  • Other Information You Choose to Provide We collect information you provide by filling out forms or answering questionnaires while using the Services. We also collect information you provide when you participate in a survey, contest, promotion or interactive area of the Services or when you request technical or customer support.

Information We Collect When You Use the Services

When you access or use our Services, we automatically collect information about you, including:

  • Usage Information : We collect information about your activity on the Services. For example, we may collect information about how you communicate with patients and other Providers while using the Services.
  • Mobile Device Information : We collect information about the mobile device you use to access or use the Services, including the hardware model, operating system and version, unique device identifiers, mobile network information and information about your use of our Apps. With your consent, we may also collect information about the location of your device and access and collect information from certain native applications on your device (such as your device’s camera, photo album and phonebook applications) to facilitate your use of certain features of the Services. For more information about how you can control the collection of location information and/or our access to other applications on your device, please see “Your Choices” below.
  • Website Information : We collect information about you on our website and in email, text and other electronic messages between you and our website. We also collect information about your internet connection, the equipment you use to access our website, and usage details.
  • Log Information : We may collect log information about your use of the Services, including the type of browser you use, access times, pages viewed, your IP address and the page you visited before navigating to our Services, your Bluetooth name, Bluetooth MAC address and your operating system. The purpose of collecting this last category is to optimize headset sound as well as to provide you with the best possible user experience when using our Services.
  • Information Collected by Cookies and Other Tracking Technologies : We and our service providers may use various technologies to collect information, including cookies, flash cookies and web beacons. Cookies are small data files stored on your hard drive or in device memory that help us improve our Services and your experience, see which areas and features of our Services are popular and count visits. It may be possible to refuse to accept mobile cookies by activating the appropriate setting on your smartphone or computer. However, if you select this setting you may be unable to access certain parts of our Services. Certain features of our website may use local stored objects (or flash cookies) to collect and store information about your preferences and navigation to, from and on our website. Flash cookies are not managed by the same browser setting as are used for browser cookies. Web beacons are electronic images that may be used in our Services or emails and help deliver cookies, count visits and understand usage and campaign effectiveness. For more information about cookies, and how to disable them, please see “Your Choices” below.
  • Information Collected by Automatic Data Collection Technologies : As you navigate through and interact with our website, we may use automatic data collection technologies to collect certain information about your equipment, browsing actions and patterns, including: (i) details of your visits to our website, including traffic data, location data, logs and other communication data and the resources that you use on the website; and (ii) information about your computer and internet connection, including your IP address, operating system, and browser type. The information we collect automatically may include personal information, but we maintain it or associate it with personal information we collect in other ways or receive from other parties.

As a Provider, during registration you may be asked to provide information regarding your professional qualifications as well as other information.

Information We Collect From Other Sources

We may obtain information from other sources and use it as contemplated herein, including to provide the Services to and otherwise communicate with you. For example, we may receive your patients’ Prescription Data and other Personal Information from other healthcare providers (e.g., pharmacy, clinic, doctor, etc.), provided that the patient has specifically authorized such healthcare provider, in writing, to share its information with us. We may also collect information about you when you post content to our pages or feeds on third party social media sites, or if you use credentials (e.g., username and password) from a third party site to create or log into your ListenMD account.

Children Under the Age of 13

Our Services are not intended for children under 13 years of age, and we do not knowingly collect personal information from children under 13. If we learn we have collected or received personal information from a child under 13 without verification of parental consent, we will delete that information. If you believe we might have any information from or about a child under 13, please contact us at info@listenmd.com.

USE OF INFORMATION

We may use information about you for various purposes, including to:

  • Provide, maintain and improve our Services;
  • Send you technical notices, updates, security alerts and support and administrative messages;
  • Respond to your comments, questions and requests and provide customer service;
  • Give you notices about your account/subscription, including expiration and renewal notices;
  • Communicate with you about our Services, promotions, rewards, and events offered by ListenMD and others, and provide information we think will be of interest to you;
  • Monitor and analyze trends, usage and activities in connection with our Services;
  • Conduct research and measurement activities;
  • Detect, investigate and prevent fraudulent transactions and other illegal activities and protect the rights and property of ListenMD and others;
  • Carry out our obligations and enforce our rights from any contracts entered into between you and us, including for billing and collection;
  • Notify you when any App updates are available, and of any changes to any of our Services we provide through it; and
  • Carry out any other purpose for which the information was collected.

The usage information we collect helps us to improve our Services and to deliver a better and more personalised experience by enabling us to:

  • Estimate our audience size and usage patterns;
  • Store information about your preferences, allowing us to customize our Services according to your individual interests;
  • Speed up your searches and commands; and
  • Recognise you when you are using our Services.

ListenMD is based in the United States and the information we collect is governed by U.S. law. By accessing or using the Services or otherwise providing information to us, you consent to the processing and transfer of information in and to the U.S. and other countries, where you may not have the same rights as you do under local law. Where this is the case, we will take appropriate measures to protect information about you in accordance with this Privacy Policy.

If you are a California resident, California may provide you with additional rights regarding our use of your personal information. To learn more about your California privacy rights, visit:

https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?division=3.&part=4.&lawCode=CIV&title=1.81.5

SHARING OF INFORMATION

We may disclose aggregated information about our users without restriction. In addition, we may share information about you as follows or as otherwise described in this Privacy Policy:

  • To fulfill the purpose for which you provide it (for example, if you provide us with a message to send to a patient or other Provider, we will transmit the contents of that message and your identifying information to such patient or other Provider);
  • With contractors, vendors, consultants and other service providers we use to support our business, including, but not limited to, hosting providers and payment processors, who need access to such information to carry out work on our behalf;
  • In response to a request for information if we believe disclosure is in accordance with, or required by, any applicable law, regulation or legal process;
  • For any other purpose disclosed by us when you provide the information;
  • With your patients and other designated Providers, administration and staff using the Services (it being expressly understood that all of the users in any Provider’s particular practice will have access to all information you share within such practice):
  • If we believe your actions are inconsistent with our user agreements or policies, or to protect the rights, property and safety of ListenMD or others;
  • In connection with, or during negotiations of, any merger, sale of company assets, financing or acquisition of all or a portion of our business by another company;
  • Between and among ListenMD and its current and future parents, affiliates, subsidiaries and other companies under common control and ownership; and
  • With your consent or at your direction.

We may also sell or share aggregated or de-identified information, which cannot reasonably be used to identify you.

ACCESSING AND CORRECTING YOUR PERSONAL INFORMATION

You can review and change your personal information by logging into our website or pp and visiting your profile page. You may also send us an email at info@listenmd.com to request access to, correct, or delete any information that you have provided to us. We cannot delete your personal information except by also deleting your user account. We may not accommodate a request to change information if we believe the change would violate any law or legal requirement or cause the information to be incorrect.

LINKS TO THIRD PARTY SITES

Our Services may contain links to other web sites. Other web sites may also reference or link to our Services. These other web sites are not controlled by ListenMD. We encourage our users to be aware when they leave our Services to read the privacy policies of each and every web site that collects personally identifiable information. We do not endorse, screen or approve, and are not responsible for the privacy practices or content of such other web sites or mobile applications. Visiting these other web sites is at your own risk. Please note that if you use the “Share” function available from the ListenMD Services, it will lead you to a separate web site or service governed by another party’s privacy policy and terms.

SECURITY

ListenMD takes reasonable measures to help protect information about you from accidental loss, theft, misuse and unauthorised access, use, disclosure, alteration and destruction.

The safety and security of your information also depends on you. Where we have given you (or where you have chosen) a pin for access to certain parts of our Services, you are responsible for keeping this pin confidential. We ask you not to share your pin with anyone.

Unfortunately, the transmission of information via the internet and mobile platforms is not completely secure. Although we do our best to protect your personal information, we cannot guarantee the security of your personal information transmitted through our Services. Any transmission of personal information is at your own risk. We are not responsible for circumvention of any privacy settings or security measures we provide.

NOTE TO INTERNATIONAL USERS

The Services are intended for use in the United States of America only. If you access or use our Services or contact us from outside of the United States of America, please be advised that (i) any information you provide to us or that we automatically collect will be transferred to the United States of America; and (ii) that by using our Services or submitting information, you explicitly authorize its transfer to and subsequent processing in the United States of America in accordance with this Privacy Policy.

YOUR CHOICES

We strive to provide you with choices regarding the personal information you provide us with. This section describes mechanisms we provide for you to control certain uses and disclosures of your information.

Account Information

You may update, correct or delete certain information about you at any time by logging into your online account.

Tracking Technologies

You can set your browser to refuse all or some browser cookies, or to alert you when cookies are being sent. If you disable or refuse cookies or block the use of other tracking technologies, some parts of our Services may then be inaccessible or not function properly.

Native Applications on Mobile Device

Some features of our Apps may require access to certain native applications on your mobile device, such as the camera and photo storage applications (e.g., to take and upload photos and videos) and the phonebook

application (e.g., to send invitations to try the Services, or to chat with your contacts via the Services). If you decide to use these features, we will ask you for your consent prior to accessing the applications and collecting information. Note that you can revoke your consent at any time by changing the settings on your device.

Location Information

If you do not want us to collect precise location information from your device, please disable the location setting(s) on your device or delete the Apps. Please note that disabling the location setting may affect certain features of the Apps.

Push Notifications

With your consent, we may send promotional and non-promotional push notifications or alerts to your mobile device. You can deactivate these messages at any time by changing the notification settings on your mobile device or within our Apps.

CONTACT US

If you have any questions about ListenMD’s privacy practices, please contact us at info@listenmd.com