InstaCured Privacy Policy

This Privacy Policy applies to InstaCured Corp and its subsidiaries ("InstaCured", "we", "our" or "us") and the personal information we collect, use and disclose in connection with your use of our Services (as defined below) and other business interactions you have with us. Once you create an account all personal information you have provided us while using the Services will become subject to the HIPAA Notice of Privacy Practices.  Our Privacy Policy and Notice of Privacy Practices inform you how we collect, use and disclose your personal information and Protected Health Information (as defined by HIPAA).

If you are a resident of California, please click here (for the Notice of Collection and more information.

We want you to be familiar with how we collect, use, and disclose personal information. This Privacy Policy describes our practices in connection with personal information that we collect through our "Services," which together, include:

●       Websites and mobile applications (each, an "App") operated by us, which includes health related intakes, and any subsequent health care services you receive through the same (together, the "Platform");

●       Email and text messages that we send to you or other communications with you; and

●       Offline business interactions you have with us.

Contact Us: If anything in our privacy policy is unclear, or if you have any questions, please email us at privacy@instacured.com.

What types of personal information do we collect?

We and our service providers may collect personal information in a variety of ways, including: 

●       When accessing the Platform, we may collect certain basic information about your medical history, preferences, and goals before you create an account to become a patient. In addition to your medical history, this personal information may include your name, phone number, date of birth, gender, location, IP address, billing information (name, physical billing address, payment card information (collected by our third party payment processor) and transaction details), email address, insurance coverage, and in some instances, a copy of your driver's license or other government-issued identification for identity verification purposes.

●       The Services also collect personal information such as browser and device information; App usage data; Information collected through cookies, pixel tags and other technologies, including tracking technologies; and demographic information and other information provided by you.

How we collect personal information

We need to collect personal information in order to provide our Services to you.  If you do not provide the personal information requested, we may not be able to provide you with our Services.

●       Personal information you share with us directly. We collect the personal information you provide to us, for example, when you create an account, use our Services, or communicate with us. This may include personal information including information relating to your health. If you disclose any personal information relating to other people to us or to our service providers in connection with the Services, you represent that you have the authority to do so and to permit us to use the personal information in accordance with this Privacy Policy.  

●       Personal information we collect automatically. When you visit or use our app or website, we may gather, collect, and record personal information about such visits. We do this ourselves or with the help of third parties, including through the use of "cookies" and other tracking technologies, as further detailed below. This personal information may include your IP address (which may also be associated with your domain name or the domain name of your internet service provider), data relating to your use and navigation of the Services, including as related to session replay technology, unique or online identifiers associated with your mobile device and use of the Platform and your geographical location.

●       Personal information you direct us to receive, including personal information we receive from third parties and social media. We may collaborate with third parties in connection with providing the Services and these third parties may provide us with personal information about you. For example, as set forth in our Terms of Service and Informed Consent, you consent for us to receive access to your prescription history in order to properly care for you and assess drug-interactions.  Additionally, from time to time, we may receive personal information about you from other third parties if you have directed your information to be shared with us.

●       Your browser or device. Certain information is collected by most browsers or automatically through your device, such as your Media Access Control (MAC) address, computer type (Windows or Mac), screen resolution, operating system name and version, device manufacturer and model, language, Internet browser type and version and the name and version of the Services (such as the App) you are using. 

●       Your use of the App and our website. When you download and use the Platform, we and our service providers may track and collect Platform usage data, such as the date and time the App on your device or your use of the website accesses our servers and what information and files have been downloaded to the App based on your device number.

●       Cookies. Cookies are pieces of information stored in the browser or on the device that you are using. Cookies allow the collection of personal information such as browser type, time spent on the Services, pages visited, language preferences, and other traffic data. We use this information for security purposes, to facilitate navigation, to display information more effectively, and to personalize your experience including to send you advertising, and to measure and analyze such activities. We also gather statistical and other information about use of the Services in order to continually improve their design and functionality, understand how they are used, and assist us with resolving questions regarding them.  You may also wish to refer to http://www.allaboutcookies.org/manage-cookies/index.html. If, however, you do not accept cookies, you may experience some inconvenience in your use of the Services. 

●       Pixel tags and other similar technologies. Pixel tags (also known as web beacons and clear GIFs) may be used to, among other things, track the actions of users of the Services (including email recipients), measure the success of our marketing campaigns, and compile statistics about usage of the Services and response rates. We may use third party pixel tags on some websites. Please refer to their privacy policies regarding their data use.

●       Analytics. We use data analytics providers that use cookies and similar technologies to collect and analyze personal information about use of the Services and report on activities and trends. The analytics service may also collect information regarding the use of other websites, apps, and online resources. 

●       Location. We may collect the general or precise location of your device by, for example, using satellite, cell phone tower or WiFi signals. We may use your device's location to provide you with location-based services and content, and  you can adjust the permissions on your device to allow or deny such uses and/or sharing of your device's location.

How we use the personal information we collect:

We and our service providers use your personal information for the following purposes:

●       Providing the Services to you, including access to your account. Certain of our Services may be provided using our artificial intelligence models and tools, such as our artificial intelligence-enabled Symptom Checker.

●       To provide and coordinate your care. 

●       To respond to your inquiries and fulfill your requests, when you contact us via one of our online contact forms or otherwise, for example, when you send us questions, suggestions, compliments or complaints, or other customer service requests, or when you request other information about our Services.

●       To complete your transactions and verify your information.

●       To send you changes to our terms, conditions, and policies.

●       To allow you to communicate with us through the Services if you choose to do so.

●       Το provide you with information about new services, news about us, and/or other marketing materials, and to determine the effectiveness of our promotional campaigns so we can adapt campaigns to the needs of users, and to facilitate social sharing.

●       To engage in marketing, advertising, and campaign management. We may disclose certain information that includes personal data to third-party advertising networks, social media platforms, sponsors and/or data analytics and measurement services, who may use this information for their own purposes. 

●       Το analyze your personal information to improve the Services and the recommendations and information we provide our users and other third parties, including through the use of our artificial intelligence models. Specifically, we may use your personal information in order to improve our artificial intelligence models, so that we are constantly improving our services, products, and the information we provide our users. When you are using our Services, you are not only learning from our data, but our Services also learn from you and your experiences. Over the long term, this growing repository of health experiences and clinical decision-making will accelerate medical research and improve our understanding of human disease. Generally, the information we use for machine learning is aggregated and/or deidentified, and we take reasonable steps not to reidentify you individually unless permitted by law.

●       To analyze personal information for business reporting, including, providing personalized services, improve the efficiency of the Services, and to identify usage trends.

●       To better understand your preferences so that we can deliver content via our Services that we believe will be relevant and interesting to you.

●       Το aggregate and/or de-identify personal information so that it will no longer be considered personal information, and use and disclose this aggregated and/or de-identified information for any purpose not prohibited by law, including training our artificial intelligence models. 

●       For audits, to verify that our internal processes function as intended and to address legal, regulatory, or contractual requirements;

●       For fraud prevention and fraud security monitoring purposes, for example, to detect and prevent cyberattacks or attempts to commit identity theft;

●       For developing new products and services, operating, and expanding our business activities, for example, understanding which parts of our Services are of most interest to our users so we can focus our energies on meeting our users' interests;

●       For enhancing, improving, repairing, maintaining, or modifying our current products and services, as well as undertaking quality and safety assurance measures; and

●       For such other purposes we may notify you about or to which you consent.

When and with whom we share your personal information:

We may share your personal information with third parties, including electronically, as follows:

●       Affiliates: We may share your personal information with our affiliates for the purposes described in this Privacy Policy.

●       Partners: We may share your personal information with other companies, such as companies with whom we jointly offer products and services, including third party payers and Sponsor Organizations. 

●       Service Providers: We may share personal information with certain of our service providers, processors and others who perform functions on our behalf. These may include, for example, hosting and server services.

●       Social Media, Advertising, Analytics and Measurement Companies. We may use social media and advertising platforms to serve advertisements to you or to third parties that the advertising platform determines are similar to you. In order to offer these ads, we may share your personal information, such as email addresses or phone numbers, in hashed or unhashed format, with the advertising platform provider, which can match this information to a particular platform user. To deliver information about products and Services that may be of interest to you, we may share personal information with other companies, such as advertisers, analytics, and measurement providers. For example, we may share device-related data (such as unique identifier, type of device, IP address, Cookies and other information associated with your browsing and app usage) and individual preferences and characteristics (such as insights and inferences related to shopping patterns and behaviors). We also use analytics and measurement companies to analyze and measure our advertising activities. 

●       Session Replay Recording: We may use session replay recording software, in order to better understand our users' needs and to optimize the Services and experience.

●       Our Affiliated Clinicians and Pharmacy: When you use our Services that connect you with a clinician, we will share your personal information with our affiliated clinicians, other providers and/or pharmacy, in order for them to provide you care or coordinate your treatment. More about the treatment of this information is within the Notice of Privacy Practices of those organizations. 

●       Third Party Services: We may provide options within the Services where you can receive additional services from a third party. If you choose to receive services from such third parties, then your personal information will be treated in accordance with those third parties' privacy policies, and we are not responsible for their practices. 

●       Information You Share Through Our Services: Our Services may enable you to share your personal information with others, including healthcare providers, friends, and contacts via social media, via our app or otherwise. Please use caution when sharing your personal information with others. The information you share will be shared according to your instructions and actions, and we have no control over what happens with your information once you share it with others.

We may also use and disclose your personal information as necessary or appropriate, in particular when we have a legal obligation to do so:

●       Applicable Law. We may share personal information to comply with applicable law and regulations, which may include laws outside your country of residence. 

●       Transactions, Liquidation. We may share personal information with third parties in connection with a transaction, such as a merger, sale of company assets or shares, reorganization, financing, change of control or acquisition of all or a portion of our business, or in the event of a bankruptcy or related or similar proceedings. As part of such transactions, we may share certain of your personal information with lenders, auditors, and third-party advisors, including attorneys and consultants; in each case, these parties will be required to agree to confidentiality and non-disclosure terms relating to such personal information before being provided with access.

●       Public and Government Authorities, Law Enforcement. Where permitted or required by applicable data protection laws, we may disclose your personal information pursuant to a legal request, or in compliance with applicable laws, if we have good faith belief that the law requires us to do so, with or without notice to you.

●       Protecting Rights and Safety. Where permitted or required by law, we may share your personal information with others if we believe in good faith that it will help protect the rights, property, or personal safety of us, any of our users, or any member of the general public, with or without notice to you.

●       Aggregate and De-Identified Information. We may share and/or use aggregated or de-identified information about users with third parties for marketing, advertising, our business purposes, research, or any other purposes.

Your choices regarding personal information:

Your choices regarding our use and disclosure of your personal information:

●       Notifications. We may send you push or SMS notifications and similar forms of communication from us, which you can control within the Services. If you choose to use our chat-based virtual visit, which is hosted by our service provider, you will receive notifications to your mobile device when your physician responds.

●       Marketing-related emails from us. If you no longer want to receive marketing related emails from us on a going-forward basis, you may opt out by contacting us via the Contact Us information above or opting out using the link in the bottom of the email. Opting out may prevent you from receiving notification including notices regarding updates, improvements, or offers. Please note that if you opt out of receiving marketing related emails from us, we may still send you important administrative messages about the Services, from which you cannot opt out.

Information About Online Advertising

We use third-party advertising networks, data analytics providers, operating systems and platforms, and social networks to serve advertisements regarding goods and services that may be of interest to you.

These companies place or recognize a unique cookie on your browser (including through the use of pixel tags). They also use these technologies, along with information they collect about your online and offline use, to recognize you across the devices you use, such as a mobile phone and laptop. If you would like more information about this practice and to learn how to opt out from participating companies on your device and browsers on a particular device, please visit http://optout.aboutads.info and http://optout.networkadvertising.org. You may download the AppChoices app at www.aboutads.info/appchoices to opt out from participating companies in mobile apps. 

Third-party Services, including Payment Service

This Privacy Policy does not address, and we are not responsible for, the privacy, information, or other practices of any third parties, including any third party operating any website or service to which our Services link. The inclusion of a link on our Services does not imply endorsement of the linked site or service by us.

In addition, we are not responsible for the information collection, use, disclosure, or security policies or practices of other organizations, such as any other app developer, app provider, social media platform provider, operating system provider, wireless service provider, or device manufacturer, including with respect to any personal information you disclose to other organizations through or in connection with our App or Website.

Our Services provide functionality allowing you to make payments using third-party payment services with which you have created your own account. When you use such a service to make a payment to us, your personal information will be collected by such third party and not by us, and will be subject to the third party's privacy policy, rather than this Privacy Policy. We have no control over, and are not responsible for, this third party's collection, use, and disclosure of your personal information.

Retention

We will keep your personal information for as long as your user account is active, in order to allow you to have access to your information and to provide you with our services.

We may continue to retain your personal information even after you deactivate your user account or stop using the Services, as reasonably necessary to comply with our legal obligations, to resolve disputes regarding our users, enforce our agreements or protect our legitimate interests, consistent with applicable law.

Security

We seek to use reasonable organizational, technical, and administrative measures to protect personal information within our organization. Unfortunately, no data transmission or storage system can be guaranteed to be 100% secure. If you have reason to believe that your interaction with us is no longer secure, please immediately notify us in accordance with the "Contact Us" section above.

Changes to this Privacy Policy

This Privacy Policy is current as of the Effective Date set forth above. We may change this Privacy Policy from time to time, so please be sure to check back periodically. We will post any changes to this Privacy Policy on our Website and App. 

Reproductive Health and Law Enforcement:

InstaCured supports access to reproductive health care services. InstaCured follows, to the extent applicable, the U.S. Department of Health and Human Services – Office for Civil Rights' guidance applicable to disclosures of personal information relating to reproductive health care and will not disclose this information to state officials or law enforcement unless (i) we are compelled to do so by law, (ii) the request is enforceable under law, and (iii) we limit the disclosure to the minimum necessary to comply with law.

CALIFORNIA RESIDENT

Notice of Collection 

Pursuant to the California Consumer Privacy Act of 2018 ("CCPA"), we are providing the following additional details regarding the categories of personal information that we collect, use, and disclose about California residents.

This notice does not address or apply to information or practices that are not subject to the CCPA, such as publicly available information; deidentified or aggregated information; certain health information governed by HIPAA and other state and federal laws; activities covered by the Fair Credit Reporting Act, and job applicant and employment information.

Categories of personal information

The following chart includes: (1) the categories of personal information, as listed in the CCPA, that we have collected within the preceding 12 months; and (2) the categories of third parties to which we disclosed personal information for our business purposes within the preceding 12 months. 

Categories of personal information Sold or Shared. Although we do not monetize your personal information (e.g., we do not sell customer lists to other entities for money), we may disclose the following categories of personal information: non-governmental identifiers; commercial information; internet or other electric network activity information and inferences to the following categories of third parties: affiliated clinicians, pharmacy, and pharmacy providers; joint partners; advertising networks; internal service providers; data analytics providers; social networks; and operating systems and platforms; for purposes of marketing and advertising; analytics, measurement and improvement; and customization and personalization, which could be deemed to be a sale or sharing of personal information under the CCPA. You may opt-out of this sale or sharing as described below. We will not use or disclose sensitive personal information for purposes other than those specified in Section 7027(m). We treat the sensitive personal information, as defined by CCPA, that we collect as protected health information under HIPAA. Please see our Notice of Privacy Practices for more information. We do not knowingly sell the personal information of minors under 16 years of age.

Categories of Sources of personal information

As described in the "Categories of personal information" section above, we collect the categories of personal information from the following sources: you; affiliated clinicians, pharmacy, and pharmacy providers; advertising networks; data analytics providers; social networks; internet service providers; operating systems and platforms; advisors and agents; regulators, government entities, and law enforcement; affiliates and subsidiaries; and others as permitted by law.

Specific Business or Commercial Purpose for the Collection of personal information

As described in the "How We Use the personal information We Collect" section above, we may use this personal information to operate, manage, and maintain our business, to provide our products and Services, to fulfill your requests, and to accomplish our business purposes and objectives, including, for example, to: develop, improve, repair, and maintain our products and Services; personalize, advertise, and market our products and Services; conduct research, analytics, and data analysis; create aggregated and/or  deidentified data; maintain our facilities and infrastructure; undertake quality and safety assurance measures; conduct risk and security control and monitoring; detect and prevent fraud; perform identity verification; perform accounting, audit, and other internal functions, such as internal investigations; comply with the law, legal process, and internal policies; maintain records; and exercise and defend legal claims.

Retention

We will keep your personal information for as long as your user account is active, in order to allow you to have access to your information and to provide you with our services. We may also continue to retain your personal information even after you deactivate your user account or stop using the Services, as reasonably necessary to comply with our legal obligations, for research purposes and to train our AI models, to resolve disputes regarding our users, enforce our agreements or protect our legitimate interests, consistent with applicable law. 

Individual Rights

If you are a California resident, you have the following rights under the CCPA, subject to certain conditions and exceptions:

Right to Know/Access. You have the right to know what personal information we have collected about you, including:

●       The categories of personal information; 

●       The categories of sources from which we collected such personal information; 

●       The business or commercial purpose for collecting, selling, or sharing personal information; 

●       The categories of third parties to whom we disclosed personal information; and

●       The specific pieces of personal information we have collected about you.

Right to Delete. You have the right to delete personal information we collected from you, subject to certain exceptions. 

Right to Correct Inaccurate personal information. You have the right to correct inaccurate personal information that we maintain about you. 

Right to Opt-out of Selling or Sharing personal information. You have the right to opt-out of the sale or sharing of your personal information by us. To exercise this right, please click the Your Privacy Choices link. We also honor your right to opt out of sales and sharing as signaled by a universal opt out signal or Global Privacy Control ("GPC"). To enable GPC, you can visit the Global Privacy Control page at https://globalprivacycontrol.org. If you download a supported browser or extension and exercise your privacy rights with GPC, we will turn off third-party advertising cookies on our Website once our Website detects a GPC signal. If you visit our Website from a different device or from a different browser on the same device, you will need to opt-out, or use an opt-out preference signal, for that browser and/or device.

Right to be Free from Discriminatory Treatment or Retaliation. You have the right to be free from unlawful discriminatory treatment or retaliation for exercising your rights under the CCPA.

How to Exercise Your Privacy Rights and What to Expect

To make a request to exercise any of the rights listed above, please contact us by email at privacy@instacured.com or write to us at Privacy Office, 402 West Broadway #400, San Diego, 92101. We will verify and respond to your request consistent with applicable law, taking into account the type and sensitivity of the personal information subject to the request. Note the following:  

●       We may require you to log into the Services to verify your identity. Depending on the nature of your request, we may request additional personal information from you, such as your InstaCured ID number, in order to verify your identity and protect against fraudulent requests.

●       If you maintain a password-protected account with us, we may verify your identity through our existing authentication practices for your account and require you to re-authenticate yourself before disclosing or deleting your personal information.

●       If you make a Request to Delete, we may ask you to confirm your request before we delete your personal information.

If you want to make a request as an authorized agent on behalf of a California resident, you may use the submission methods noted above. As part of our verification process, we may request that you provide, as applicable, proof concerning your status as an authorized agent. If you are an authorized agent, we may also require the resident to:

●       Verify the resident's own identity directly with us; or

●       Directly confirm with us that the resident provided you permission to make the request.

No Financial Incentives

Under the CCPA, the purpose of the Notice of Financial Incentive is to explain the material terms of a financial incentive or price or service difference the business is offering so that the consumer may make an informed decision
about whether to participate. We do not offer any financial incentives or price or service difference at this time. 

This California Privacy Policy was last updated on October 24, 2024.

NOTICE OF PRIVACY PRACTICES

This Notice of Privacy Practices (NOPP) tells you the ways we may use and disclose your protected health information (PHI) and your rights and InstaCured obligations regarding the use and disclosure of your PHI. 

Your Information. Your Rights. Our Responsibilities.

This NOPP describes how health information about you may be used and disclosed and how you can get access to this information. Please review it carefully.

Your Rights

You have the right to:

●       Get a copy of your paper or electronic medical record;

●       Request that we correct your paper or electronic medical record;

●       Request confidential communication;

●       Ask us to limit the information we share;

●       Get a list of those with whom we've shared your information;

●       Get a copy of this NOPP;

●       Choose someone to act for you; and

●       File a complaint if you believe your privacy rights have been violated

Your Choices

For certain health information, you can tell us your choices about what we share:

●       Tell family and friends about your condition

●       Provide disaster relief

●       Market our services and sell your information

Our Uses and Disclosures

We May use and share your information as we: 

●       Treat you

●       Run our organization

●       Bill for our services

●       Help with public health and safety issues

●       Do research

●       Comply with the law

●       Respond to organ and tissue donation requests

●       Work with a medical examiner or funeral director

●       Address workers' compensation, law enforcement, and other government requests

●       Respond to lawsuits and legal actions

Your Rights

When it comes to your health information, you have certain rights. This section explains your rights and some of our responsibilities to help you.

Get an electronic or paper copy of your medical record

●       You can ask to see or get an electronic or paper copy of your medical record and other health information we have about you. Ask us how to do this.

●       We will provide a copy or a summary of your health information, usually within 30 days of your request. We may charge a reasonable, cost-based fee.

Ask us to correct your medical record

●       You can ask us to correct health information about you that you think is incorrect or incomplete. Ask us how to do this.

●       We may say "no" to your request, but we'll tell you why in writing within 60 days.

Request confidential communications

●       You can ask us to contact you in a specific way (for example, home or office phone) or to send mail to a different address

Ask us to limit what we use or share

●       You can ask us not to use or share certain health information for treatment, payment, or our operations. We are not required to agree to your request, and we may say "no" if it would affect your care.

●       If you pay for a service or health care item out-of-pocket in full, you can ask us not to share that information for the purpose of payment or our operations with your health insurer. We will say "yes" unless a law requires us to share that information.

Get a list of those with whom we've shared information

●       You can ask for a list (accounting) of the times we've shared your health information for six years prior to the date you ask, who we shared it with, and why.

●       We will include all the disclosures except for those about treatment, payment, and health care operations, and certain other disclosures (such as any you asked us to make). We'll provide one accounting per year for free but will charge a reasonable, cost-based fee if you ask for another one within 12 months.

Get a copy of this privacy notice

You can ask for a paper copy of this notice at any time, even if you have agreed to receive the notice electronically. We will provide you with a paper copy promptly.

Choose someone to act for you

●       If you have given someone medical power of attorney or if someone is your legal guardian, that person can exercise your rights and make choices about your health information.

●       We will make sure the person has this authority and can act for you before we take any action.

File a complaint if you feel your rights are violated

●       You can complain if you feel we have violated your rights by contacting us using the information at the bottom of this NOPP.
Washington, D.C. 20201, calling 1-877-696-6775, or
visiting www.hhs.gov/ocr/privacy/hipaa/complaints. 

●       We will not retaliate against you for filing a complaint.

Your Choices

For certain health information, you can tell us your choices about what we share. If you have a clear preference for how we share your information in the situations described below, talk to us. Tell us what you want us to do, and we will follow your instructions.

In these cases, you have both the right and choice to tell us to:

●       Share information with your family, close friends, or others involved in your care; 

●       Share information with your emergency contact in the event of an emergency; and

●       Share information in a disaster relief situation.

We may also share your information when needed to lessen a serious and imminent threat to health or safety.

In these cases we never share your information unless you give us your authorization:

●       Marketing (as defined under HIPAA) purposes; and the

●       Sale of your information.

Our Uses and Disclosures

How do we typically use or share your health information?

We typically use or share your health information in the following ways:

For treatment activities

We can use your health information and share it with other professionals who are treating you. For example, we may use and disclose your health information among doctors, nurses, pharmacists, technicians, medical students and other personnel who are involved in taking care of you. We may use or share information about you to coordinate the different services you need, such as prescriptions, lab work and x-rays. We may disclose information about you to people outside of InstaCured who may be involved in your care, such as family members, home health agencies, therapists, and others. We may provide your health information to your health plan or to another provider to arrange a referral or consultation.

For health care operations activities

We may use health information to evaluate the quality of services that you received. For example, we may use health information to improve our performance or to find better ways to provide care. We may use health information to evaluate the competence of our health care professionals. We may use your health information to decide what additional services we should offer and whether new treatments are effective. We may use and disclose your information to our business associates (described in more detail below) to assist us with evaluating patient outcomes, developing new clinical guidelines, and other activities related to health care operations, including improving health and reducing health care costs. We may disclose information to students and professionals for review and learning purposes. We may combine our health information with information from other health care facilities to compare how we are doing and see where we can make improvements. We may use health information for business planning, or disclose it to attorneys, accountants, consultants and others in order to make sure we are complying with the law. We may remove health information that identifies you so that others may use the de-identified information to study health care and health care delivery without learning who you are. We may use your health information in order to improve artificial intelligence models, so that we are constantly improving the information we provide our users and healthcare. When you are using our services, you are not only learning from people like you, but our services also learn from you and your experiences. Over the long term, this growing repository of health experiences and clinical decision-making will accelerate medical research and improve our understanding of human disease. The information we collect and use in this way is de-identified and cannot be traced back to you.  Overall, these health care operations uses and disclosures help us to develop new tools to assist our health care providers and to provide better health care services to you.

Payment activities

We can use and share your health information to bill and get payment from health plans or other entities. For example, we may use and disclose your health information so that we can receive payment for the treatment and services that were provided. We may share this information with your insurance company or a third party used to process billing information. (As described above, if you pay for your health care in full and out-of-pocket, you may request that we not share your information with your insurance company.) We may contact your insurance company to verify what benefits you are eligible for, to obtain prior authorization, and to tell them about your treatment to make sure that they will pay for your care. We may disclose information to third parties who may be responsible for payment, such as family members, or to bill you. We may disclose information to third parties that help us process payments, such as billing companies, claims processing companies, and collection companies.

To work with our business associates

We engage with vendors to perform some services on our behalf. For example, we may have a contract with a billing service, or cloud storage provider. These vendors are called our business associates. When we contract for these services, we may disclose your PHI to our business associates so that they can perform the job we have asked them to do. To protect your information, we require all business associates to appropriately safeguard your information and comply with HIPAA.

How else can we use or share your health information?

We are allowed or required to share your information in other ways – usually in ways that contribute to the public good, such as public health and research. We have to meet many conditions in the law before we can share your information for these purposes. For more information please see: https://www.hhs.gov/hipaa/for-individuals/guidance-materials-for-consumers/index.html

Help with public health and safety issues

We can share health information about you for certain situations such as:

●       Preventing disease;

●       Helping with product recalls;

●       Reporting adverse reactions to medications;

●       Reporting suspected abuse, neglect, or domestic violence; and

●       Preventing or reducing a serious threat to anyone's health or safety.

Do research

We can use or share your information for health research, subject to certain legal requirements.

Comply with the law

We will share information about you if state or federal laws require it, including with the Department of Health and Human Services if it wants to see that we're complying with federal privacy law.

Respond to organ and tissue donation requests

We can share health information about you with organ procurement organizations. 

Work with a medical examiner or funeral director

We can share health information with a coroner, medical examiner, or funeral director when an individual dies.

Address workers' compensation, law enforcement, and other government requests We can use or share health information about you:

●       For workers' compensation claims

●       For law enforcement purposes or with a law enforcement official

●       With health oversight agencies for activities authorized by law

●       For special government functions such as military, national security, and presidential protective services

Respond to lawsuits and legal actions

We can share health information about you in response to a court or administrative order, or in response to a subpoena.

Other uses and disclosures of your health information not covered by this NOPP; or applicable, will be made only with your HIPAA-compliant authorization. These include the sale of your health information, or use of your health information for marketing purposes as defined under HIPAA. You may revoke your authorization in writing at any time, and we will discontinue future uses and disclosures of your health information for the reasons covered by your authorization.

Our Responsibilities

●       We are required by law to maintain the privacy and security of your protected health information.

●       We will let you know promptly if a breach occurs that may have compromised the privacy or security of your information.

●       We must follow the duties and privacy practices described in this notice and provide you with a copy of it.

●       We will not use or share your information other than as described here unless you tell us we can in writing. If you tell us we can, you may change your mind at any time. Let us know in writing if you change your mind.

For more information see: https://www.hhs.gov/hipaa/for-individuals/notice-privacy-practices/index.html

Changes to the Terms of this NOPP

We may change the terms of this notice, and the changes will apply to all information we have about you. The new notice will be available upon request, and on our web site.

Other Information/Instructions

●       The original effective date of this NOPP was January 1, 2024.  This NOPP was last updated October 24, 2024.

If you have any questions about this Notice, if you wish to contact us about your privacy rights or obtaining a copy of your records, or you wish to file a complaint, you can contact our Privacy Officer:

●       Our Privacy Official: Deanna Oliver

●       Telephone: 1-866-CURE-101 

●       Address: 402 West Broadway #400, San Diego, 92101

●       Email: privacy@instacured.com

In the event that state law provides greater protection than the HIPAA protections listed in this NOPP, we will follow the requirements of state law.

Please note that your PHI may be disclosed electronically under this NOPP.

Privacy Choices

We collect and may share information about you, your device(s) and your activities with third party tracking technologies for marketing, advertising, analytics (including session replay), personalized web experiences, and to gather data on how our products are working.

Please note you will ACCEPT this policy by registering for the InstaCured app will not prevent us from sharing information with our service providers for our own internal analytics purposes. For more information, see our privacy policy.

Informed Consent & Open Payments

INFORMED CONSENT REGARDING USE OF TELEHEALTH

Last updated: October 24, 2024

BY CLICKING "I AGREE," CHECKING A RELATED BOX TO SIGNIFY YOUR ACCEPTANCE, USING ANY OTHER ACCEPTANCE PROTOCOL PRESENTED THROUGH THE SERVICE OR OTHERWISE AFFIRMATIVELY ACCEPTING THIS CONSENT, YOU ACKNOWLEDGE THAT YOU HAVE READ, ACCEPTED, AND AGREED TO BE BOUND BY THIS CONSENT. IF YOU DO NOT AGREE TO THIS CONSENT, DO NOT CREATE AN ACCOUNT OR USE THE SERVICE. YOU HEREBY GRANT AGENCY AUTHORITY TO ANY PARTY WHO CLICKS ON THE "I AGREE" BUTTON OR OTHERWISE INDICATES ACCEPTANCE TO THIS CONSENT ON YOUR BEHALF.

PURPOSE The purpose of this consent form ("Consent") is to provide you with information about telehealth and to obtain your informed consent to the use of telehealth in the delivery of healthcare and/or mental health services to you by physicians, physician assistants, nurse practitioners, and/or mental health professionals ("Providers") using the online platforms owned and operated by InstaCured and/or its subsidiaries (the "Service"). In this Consent, the terms "you" and "yours" refer to the person using the Service.

USE OF TELEHEALTH Telehealth involves the delivery of healthcare and/or mental health services using electronic communications, information technology or other means between a healthcare or mental health provider and a patient who are not in the same physical location. Telehealth may be used for diagnosis, treatment, follow-up and/or patient education, and may include, but is not limited to, one or more of the following: electronic transmission of medical records, photo images, personal health information or other data between a patient and a provider; interactions between a patient and provider via audio, video and/or data communications (such as messaging or email communications); use of output data from medical devices, sound and video files. Alternative methods of care may be available to you, such as in-person services, and you may choose an alternative at any time. Always discuss alternative options with your Provider.

ANTICIPATED BENEFITS The use of telehealth may have the following possible benefits: making it easier and more efficient for you to access medical care or other services and treatment for the conditions treated by your Provider(s); allowing you to obtain medical care or other services and treatment by Provider(s) at times that are convenient for you; and enabling you to interact with Provider(s) without the necessity of an in-office appointment. Participation in mental health services may reduce stress and anxiety, decrease negative thoughts, improve relationships, and increase comfort in different settings.

POTENTIAL RISKS While the use of telehealth in the delivery of care can provide potential benefits for you, there are also potential risks associated with the use of telehealth and other technology. These risks include, but may not be limited to the following: the quality, accuracy or effectiveness of the services you receive from your Provider could be limited; technology, including the Service, may contain bugs or other errors, including ones which may limit functionality, produce erroneous results, render part or all of such technology, including the Service, unavailable or inoperable, produce incorrect records, transmissions, data or content, or cause records, transmissions, data or content to be corrupted or lost; failures of technology may also impact your Provider(s) ability to correctly diagnose or treat your condition; the inability of your Provider(s) to conduct certain tests or assess vital signs in-person may in some cases prevent the Provider(s) from providing a diagnosis or treatment or from identifying the need for emergency medical care or treatment for you; your Provider(s) may not able to provide treatment for your particular condition and you may be required to seek alternative healthcare or emergency care services; mental health services may result in feeling worse as therapy progresses; delays in medical evaluation/treatment could occur due to unavailability of your Provider(s) or deficiencies or failures of the technology or electronic equipment used; the electronic systems or other security protocols or safeguards used could fail, causing a breach of privacy of your medical or other information; data stored and communicated electronically, for example, through email communications, may be more susceptible to unintended disclosure of protected health information to third parties; given regulatory requirements in certain jurisdictions, your Provider(s) diagnosis and/or treatment options, especially pertaining to certain prescriptions, may be limited; a lack of access to all of your medical records may result in adverse drug interactions or allergic reactions or other judgment errors.

LIFE THREATENING AND OTHER EMERGENCY SITUATIONS; FOLLOW-UP CARE If you are experiencing a life-threatening situation such as contemplating suicide, call 911 or the 988 Suicide and Crisis Lifeline at 988.

If the situation is an emergency, call 911. In some situations, telehealth is not an appropriate method of care. If you require immediate or urgent care, you must seek care at an emergency room facility or other provider equipped to deliver urgent or emergent care. Providers may not respond promptly to communications you submit through the Service. If you are not experiencing an emergency or do not require immediate or urgent care, you can communicate with Providers through the secure message service in the Service. If a technical failure prevents you from communicating with your Providers through the Service, you should call the following number: Phone: 1-866-CURE-101 (M-F 8AM – 5PM PST).

DATA PRIVACY AND PROTECTION The electronic systems used in the Service will incorporate network and software security protocols to protect the privacy and security of your information and will include measures to safeguard data against intentional or unintentional corruption. Personal information that identifies you or contains protected health information will not be disclosed to any third party without your consent, except as authorized by law for the purposes of consultation, treatment, payment/billing, certain administrative purposes, and as required by law to disclose to other persons and agencies certain information obtained during the provision of mental health services (e.g., danger to self or others; mandatory reporting of child, elder, or vulnerable adult abuse) or as otherwise set forth in your Provider's Notice of Privacy Practices. Use of the Service may include email communications to and from you that may include your protected health information. You understand that InstaCured does not and cannot guarantee the security or privacy of the services you use to receive communications, including for example your email service provider.

LABORATORY PRODUCTS AND SERVICES Certain healthcare services provided to you by Providers via the Service may require that you complete an at-home diagnostic test. These diagnostic tests are provided by third-party laboratories, and neither InstaCured and its subsidiaries (collectively, InstaCured), nor your Provider(s) can guarantee the accuracy or reliability of these tests. These laboratory tests can provide false negative, false positive, or inconclusive results that could impact your Provider(s) ability to correctly diagnose or treat your medical conditions. A failure or defect of these tests could also impact your Provider(s) ability to correctly diagnose or treat your medical conditions.

OPEN PAYMENTS NOTICE For informational purposes only, a link to the federal Centers for Medicare and Medicaid Services Open Payments web page is provided here. The federal Physician Payments Sunshine Act requires that detailed information about payment and other payments of value worth over ten dollars ($10) from manufacturers of drugs, medical device, and biologics to physicians and teaching hospitals be made available to the public. The Open Payments database is a federal tool used to search payments made by drug and device companies to physicians and teaching hospitals. It can be found at https://openpaymentsdata.cms.gov.

YOUR ACKNOWLEDGMENTS By clicking "I Agree", checking a related box to signify your acceptance, using any other acceptance protocol presented through the Service or otherwise affirmatively accepting this consent, you are agreeing and providing your consent with respect to the following:

Healthcare and mental health services provided to you by Providers via the Service will be provided by telehealth. In some cases, your treating Provider may be a nurse practitioner or physician assistant and not a physician, and you agree to be treated by non-physician providers, if applicable, by using the Service. Your treating Provider for therapy services will be a mental health professional, such as a licensed counselor. Certain technology, including the Service, may be used while still in a beta testing and development phase, and before such technology is a final and finished product. Technology used to deliver care, including the Service, may contain bugs or other errors, including ones which may limit functionality, produce erroneous results, render part or all of such technology unavailable or inoperable, produce incorrect records, transmissions, data or content, or cause records, transmissions, data or content to be corrupted or lost, any or all of which could limit or otherwise impact the quality, accuracy and/or effectiveness of the medical care or other services that you receive from your Provider(s). Certain diagnostic testing services, including laboratory products and services offered through the Service, may contain defects, including ones which may limit functionality or produce erroneous results, any or all of which could limit or otherwise impact the quality, accuracy and/or effectiveness of the medical care or other services that you receive from your Provider(s). The delivery of healthcare services via telehealth is an evolving field and the use of telehealth or other technology in your medical care and treatment from Provider(s) may include uses of technology different from those described in this Consent or not specifically described in this Consent. No potential benefits from the use of telehealth or other technology or specific results can be guaranteed, including any laboratory testing results or related diagnosis or treatment by your Provider(s). Your condition may not be cured or improved, and in some cases, may get worse. There are limitations in the provision of medical care or other services and treatment via telehealth and technology, including the Service, and you may not be able to receive diagnosis and/or treatment through telehealth for every condition for which you seek diagnosis and/or treatment. There are potential risks to the use of telehealth and other technology, including but not limited to the risks described in this Consent. You have the opportunity to discuss the use of telehealth, including the Service, with your Provider(s), including the benefits and risks of such use and the alternatives to the use of telehealth. You understand that there will be no recording of any online treatment sessions by your Provider(s) or you. Your Provider(s) will assess your medical condition and, in their sole discretion, may determine it is medically appropriate to diagnose and/or treat your condition via telehealth and whether you maintain sufficient knowledge and skills in the use of technology appropriate to diagnosing and/or treating your condition via telehealth. By continuing to use the Service, you concur with your Provider's medical assessment and agree to receive a diagnosis and/or treatment via telehealth technology. You have the right to withdraw your consent to the use of telehealth in the course of your care, without prejudice to any future care or treatment and without risking the loss or withdrawal of any health benefits to which your entitled, but you understand that the Providers who utilize the Service do not offer in-person treatment. Any withdrawal of your consent will be effective upon receipt of written notice to your Providers, except that such withdrawal will not have any effect on any action taken by InstaCured or your Provider(s) in reliance on this Consent before it received your written notice of withdrawal. Any withdrawal of your consent will not affect any other provision of this Consent, and you will continue to be bound by this Consent. You understand that the use of the Service involves electronic communication to and from you of your personal medical information in connection with the provision of telehealth services, including through email. You understand that it is your duty to provide InstaCured and your Provider(s) truthful, accurate and complete information, including all relevant information regarding care that you may have received or may be receiving from healthcare and/or mental health providers including emergency contact information for your local healthcare and/or mental health providers. You understand that each of your Provider(s) will assess your medical condition and, in their sole discretion, may determine it is medically appropriate to diagnose and/or treat your condition using telehealth technology, including the Service. By continuing to use the Service, you concur with your Provider's medical assessment and agree to receive a diagnosis and/or treatment via telehealth technology. You understand that each of your Provider(s) may determine in their sole discretion that your condition is not suitable for diagnosis and/or treatment using telehealth technology, including the Service, and that you may need to seek care and treatment from a specialist or other healthcare or mental health provider, outside of such telehealth technology.  InstaCured has a financial relationship with the entity that employs or contracts with your Provider. You are free to obtain your medical examination from another healthcare provider that is not associated with InstaCured. You are free to obtain your prescription from any pharmacy of your choice. Prescriptions may be filled by and transferred between any pharmacy partners on your behalf. You must pay the full amount of the costs associated with use of the Service, including any prescription you may receive, and you will not attempt to submit a claim to Medicare, any other federal payor, or any state or private insurer.

If you have a concern about a medical professional, you may contact the Medical Board in your state regarding your concerns. For applicable contact information see the list available here. Special Notice to California Clients. Physicians are licensed and regulated by the Medical Board of California. To confirm a license or file a complaint, go to www.mbc.ca.gov or call (800) 633-2322. The California Board of Behavioral Sciences receives and responds to complaints regarding services provided within the scope of practice of marriage and family therapists, licensed educational psychologists, clinical social workers, and professional counselors. You may contact the Board of Behavioral Sciences at http://www.bbs.ca.gov or calling (916) 574-7830.