Privacy Policy

 (Last updated March 1, 2016)

ListenMD (“ListenMD,” “we,” or “us”) is committed to protecting your privacy and the security of information that could be used to personally identify you.

We have prepared this Privacy Policy to explain to you how we collect, use, protect, and disclose your ‘Personal Information,’ ‘Usage Data’ and ‘Message Data.’ These capitalized terms are defined below in this Privacy Policy.

This Privacy Policy applies to you when you use the ListenMD website (the “Site”) or any SMS, instant messaging or other ‘ListenMD’ and ‘ListenMD Patients’ applications (“app”) or service (together with the Site, all of these make up the “Services”).

This Privacy Policy also explains how you can manage your personal information preferences with regard to the Services.

By using the Services, you are providing your consent to this Privacy Policy. If you do not agree to the terms of this Privacy Policy, you must discontinue use of the Services immediately.

  1. Information We Collect
    • 1.1 Personal Information
      When you register for a ListenMD account, we collect information that personally identifies you, such as your name, address, mobile telephone number, e-mail address, health insurance information (so your own doctor may properly identify you), and other information that you provide to us or may include in your ListenMD account profile (if any) (collectively, “Personal Information”). You may be asked to provide us with certain Personal Information when you register to use the Services, and/or at other times. The decision to provide this information is voluntary, i.e., it is up to you. However, if you choose not to provide the requested information, you may not be able to use certain features of the Services that require the requested information.
    • 1.2 Usage Data
      We automatically collect usage information that allows us to better understand how users access and use the Services (“Usage Data”). For example, when you download and use Services such as ListenMD, we automatically collect information on the type of device you use and the unique device identifier (or “UDID”). Additionally, each time you use the Services, we automatically collect information regarding the type of web browser being used, the operating system upon which it is being run, the identity of your Internet Service Provider, your IP address, the pages viewed, the time and duration of visits to the Site, crash logs and other information relating to your use of the Services on a device. We use this information to analyze trends, administer the Services, troubleshoot any user problems, and to enhance and update the Services.
    • 1.3 Geo-location data
      When you use the ListenMD Services, we may use GPS technology (or other similar technologies) to determine your current location in order to determine if you have checked into a hospital or certain other medical facilities such as your own doctor’s medical office, so that your own doctor, as designated by you, may be alerted to your visit. By enabling geo-location, your doctor may arrange timely appointments, as needed, after emergency visits. In the case of doctor’s office employees, geo-location may be used to allow alerts to only occur when the office employee is at the work location. We will not share your current location with other users or partners. If you do not want us to use your location for the purposes set forth above, you should turn off location services for the Services located in your account settings or in your mobile phone settings and/or within the mobile application.
    • 1.4. Message Data
      When you send or receive messages using our Services, we may temporarily process and store your messages, log and contact data, and other related information (“Message Data”) in order to provide these Services to you. Although we strive to delete your Message Data after the message is transmitted, we cannot guarantee that the Message Data will be completely deleted. Accordingly, do not guarantee that the Message Data will be completely deleted, and therefore any Message Data that you send is sent at your own risk. After its destruction, Message Data is permanently deleted and cannot be retrieved by ListenMD.
  1. Cookies
    We may use cookies on the Site and the Services (a small removable data file that is stored by the application on your web browser that identifies your device when a person using your device visits our Site or uses our Services). We do not use cookies to collect Personal Information but rather to improve the quality of the Services. Most web browsers are initially set up to accept cookies. You can reset your web browser to refuse all cookies or to indicate when a cookie is being sent. Please note, however, that certain features of the Site may not function if you delete or disable cookies. Some of the Service Providers (as defined below) that we work with may use their own cookies in connection with the services they perform on our behalf. THE SITE’S COOKIES DO NOT INFILTRATE A USER’S HARD DRIVE TO COLLECT ANY INFORMATION STORED ON THE HARD DRIVE.
  1. How We Use the Information We Collect and When We May Share That Information
    As a general policy, we use Personal Information and Message Data for internal purposes only. We do not sell or rent information about you. Your hospital, emergency room and doctor office visits will allow your doctor to improve office efficiency and facilitate faster follow-ups. We will not disclose Personal Information or Message Data to third parties without your consent, or except as specifically disclosed and explained in this Privacy Policy. Please note that if you are a member of an Accountable Care Organization (“ACO”), we may share with the ACO aggregated data containing your Personal Information in order to provide your health care provider with the tools necessary to offer you coordinated high quality care.
  1. Support Services
    ListenMD may use your Personal Information to contact you regarding the Services. For example, we may, with your permission, message you to let you know about new releases, patches and other updates to the Services.From time to time, we may establish business relationships with other businesses that we believe are trustworthy and who have confirmed that their privacy practices are consistent with ours (“Service Providers”). For example, we may contract with Service Providers to provide certain services, such as hosting and maintenance, customer relationship management and data storage and management. We provide our Service Providers with only the information necessary for them to perform these services on our behalf. Each Service Provider must agree to use reasonable security procedures and practices, appropriate to the nature of the information involved, in order to protect your Personal Information and Message Data from unauthorized access, use or disclosure. Service Providers are prohibited from using Personal Information or Message Data in any other manner than as specified by ListenMD.
  1. Other Transfers
    We may share Personal Information, Usage Data and Message Data with businesses controlling, controlled by, or under common control with ListenMD. If ListenMD is merged, acquired, or sold, or in the event of a transfer of some or all of our assets, we may disclose or transfer Personal Information, Usage Data and Message Data in connection with such transaction.
  1. Compliance with Laws and Law Enforcement
    ListenMD cooperates with government and law enforcement officials to enforce and comply with the law. We may therefore disclose Personal Information, Usage Data, Message Data, and any other information about you, if we deem that it is reasonably necessary to: (a) satisfy any applicable law, regulation, legal process (such as a subpoena or court order) or enforceable governmental request; (b) enforce the Terms or the Services, including investigation of potential violations thereof; (c) detect, prevent, or otherwise address fraud, security or technical issues; or (d) protect against harm to the rights, property or safety of ListenMD, its users or the public as required or permitted by law.
  1. HIPAA and Privacy Compliance
    ListenMD will take all commercially reasonable measures to comply with data breach laws and industry standards in the United States of America, including but not limited to HIPAA and HITECH. ListenMD and any affiliates or Service Providers to whom Personal Information is provided shall maintain a comprehensive data security program, which shall include reasonable and appropriate technical, organizational and security measures against the destruction, loss, unauthorized access or alteration of Personal Information in the possession of ListenMD or its affiliates or Service Providers, and which shall be (i) no less rigorous than those maintained by ListenMD for its own information of a similar nature, and (ii) no less rigorous than typical security standards in the industry.
  1. Be Careful How You Share Your Own Information
    Certain user profile information, including your name, location, and any video or image content that you have uploaded to the Services, may be displayed to other users to facilitate user interaction within the Services or address your request for our services. Please remember that any content you upload, along with any Personal Information or content that you voluntarily disclose online in a manner other users can view (on discussion boards, in messages and chat areas, etc.) becomes publicly available, and can be collected and used by anyone. Your user name may also be displayed to other users if and when you send messages or comments or upload images or videos through the Services and other users can contact you through messages and comments.Additionally, when you share information with third parties, using the Services or otherwise, that information may be passed along or made public by others. Therefore, anyone with access to such information can potentially use it for any purpose, including sending unsolicited communications.
  1. Security
    ListenMD is committed to protecting the security of your Personal Information. We employ security measures designed to protect your Personal Information from unauthorized access. Regardless of efforts, no data transmission over the Internet or other network, including any of ListenMD’s services can be guaranteed to be 100% secure. Accordingly, we cannot and do not guarantee the security of any information you transmit on or through the Services and any information you transmit is sent at your own risk.
  2. Children Privacy | COPPA
    We do not knowingly collect or solicit Personal Information from children under the age of 13. By using the Services, you represent that you are at least 13 years old. If you are under 13, please do not attempt to register for the Services or send any personal information about yourself to us. If we become aware that we have inadvertently received or collected Personal Information from a user of the Services who is under the age of 13, we will attempt to immediately delete that information from our files and records. Furthermore, we encourage users of the Services that are minors that are 13 years of age or older to ask their parents or guardians for permission before sending any information about themselves over the Internet.If you believe a child who is under the age of 13 has provided us with Personal Information, please contact us at [].
  1. Your Information Is Maintained in The United States
    Please be aware that your Personal Information and Message Data may be transferred to and maintained on servers or databases located outside your state, province, or country. If you are located outside of the United States, please be advised that we process and store all information in the United States. By using the Services, you agree that the collection, use, transfer, and disclosure of your Personal Information and communications will be governed by the applicable laws in the United States.
  1. Accuracy and Retention
    You can always review, correct, update, or change your Personal Information. Upon your request, we will: (1) correct, update or change your Personal Information; (2) stop sending emails to your email address if you wish to opt out of our direct marketing efforts; and/or (3) disable your account to prevent any future activity through that account. You may make any of these requests by emailing the request to []. If you have questions or concerns regarding this Privacy Policy, please e-mail them to []. Please do not email any sensitive information.Under California Civil Code Sections 1798.83-1798.84, California residents are entitled to ask us for a notice identifying the categories of Personal Information, which we share with our affiliates and/or third parties for marketing purposes, and providing contact information for such affiliates and/or third parties. If you are a California resident and would like a copy of this notice, please submit a written request to [].
  1. Links to other Services
    The Services may contain links to other websites that are not owned or controlled by ListenMD. ListenMD is not responsible for the privacy practices of such other websites, and encourages you to read their privacy statements and policies.
  1. Data retention
    ListenMD will retain your Personal Information for as long as your account is active or as needed to provide you with the Services and as required to comply with any legal obligation, to resolve disputes and to enforce ListenMD’s agreements. If you wish to cancel your account or request that ListenMD no longer use your Personal Information to provide you the Services, contact ListenMD at: [].
  1. Changes to The Privacy Policy
    We may periodically change this Privacy Policy. If we decide to change this Privacy Policy, we will inform you by posting the revised Privacy Policy on the Site. Those changes become effective upon posting on the Site, the date of which is shown as the “Revised On” date in the revised Privacy Policy. Use of information we collect now is subject to the Privacy Policy in effect at the time such information is collected. By continuing to use the Services, you agree to be bound by the revised Privacy Policy.