LAST UPDATED: 11/24/2021
This Site provides educational materials related to Your health care journey, allows You to schedule appointments and communicate with Diana Health. Diana Health is the provider of access to the Site
The purpose of this Site is to provide support to Diana Health patients throughout their care with Diana Health providers. We provide fully integrated health care for patients, including nutrition, mental health and wellness, and gynecological care, as well as classes and events. This Site may be used to communicate with Your Diana Health care team during regular business hours, schedule appointments.
Any protected health information You share with the App is protected by and subject to Our HIPAA Notice of Privacy Practices.
- WHAT INFORMATION DO WE COLLECT?
Personal information You disclose to us
In Short: We collect information that You provide to us.
We collect personal information that You voluntarily provide to Us when You express an interest in obtaining information about Us or Our products and Services, when You participate in activities on the Site or otherwise when You contact us.
The personal information that We collect depends on the context of Your interactions with Us and the Site, the choices You make and the products and features You use. The personal information We collect may include the following:
Personal Information Provided by You. We may ask You to provide Your: name, email address; phone number, the Diana Health practice location of interest to You, and other similar information. We also collect certain information from You about Your health care needs, which might include Your pregnancy status and Your interest in learning more about pregnancy care, preconception counseling, general gynecological care, or mental health/wellness coaching.
All personal information that You provide to Us must be true, complete and accurate, and You must notify Us of any changes to such personal information.
How We Collect Information from You
- Sign up to use the Site
- Respond to a questionnaire or survey on the Site
- Fill out a form on the Site
- Engage in other activities, services, features or resources We make available on the Site that request Your information.
Information From Third Parties
This Site is connected to the Diana Health electronic health record. Your electronic health record may contain information provided to Diana Health from third parties, and that information may be included in the Site.
Any protected health information You share with the App is protected by and subject to Your health plan’s HIPAA Notice of Privacy Practices. If We share Your protected health information with third parties, We will do so only in accordance with the contract We entered into with Your health plan and with applicable law. This means that We might ask You to sign a HIPAA authorization form before We share Your information with a third party.
Information automatically collected
In Short: Some information — such as Your Internet Protocol (IP) address and/or browser and device characteristics — is collected automatically when You visit Our Site.
We automatically collect certain information when You visit, use or navigate the Site. This information does not reveal Your specific identity (like Your name or contact information) but may include device and usage information, such as Your IP address, browser and device characteristics, operating system, language preferences, referring URLs, device name, country, location, information about who and when You use Our Site and other technical information. This information is primarily needed to maintain the security and operation of Our Site, and for Our internal analytics and reporting purposes. We may combine this information with Your Diana Health username, contact information, other account information, or other unique information in order to provide the services that You have requested, to troubleshoot problems, or to provide better service to You or other Users.
Like many businesses, We also collect information through cookies and similar technologies.
The information We collect includes:
- Log and Usage Data. Log and usage data is service-related, diagnostic usage and performance information Our servers automatically collect when You access or use Our Site and which We record in log files. Depending on how You interact with us, this log data may include Your IP address, device information, browser type and settings and information about Your activity in the Site (such as the date/time stamps associated with Your usage, pages and files viewed, searches and other actions You take such as which features You use), device event information (such as system activity, error reports (sometimes called ‘crash dumps’) and hardware settings).
- Device Data. We collect device data such as information about the device You use to access the Site. Depending on the device used, this device data may include information such as Your IP address (or proxy server), device application identification numbers, location, browser type, hardware model Internet service provider and/or mobile carrier, operating system configuration information.
- Location Data. We may collect information data such as information about Your device’s location, which can be either precise or imprecise. How much information We collect depends on the type of settings of the device You use to access the Site. For example, We may use GPS and other technologies to collect geolocation data that tells Us Your current location (based on Your IP address). You may be able to opt out of allowing Us to collect this information either by refusing access to the information or by disabling Your Locations settings on Your device. Note however, if You choose to opt out, You may not be able to use certain aspects of the Services.
- HOW DO WE USE YOUR INFORMATION?
In Short: We process Your information for purposes based on legitimate business interests, the fulfillment of Our contract with You, compliance with Our legal obligations, and/or Your consent.
We use personal information collected via Our Site for a variety of business purposes described below. We process Your personal information for these purposes in reliance on Our legitimate business interests, in order to enter into or perform a contract with You, with Your consent, and/or for compliance with Our legal obligations. We indicate the specific processing grounds We rely on next to each purpose listed below.
We use the information We collect or receive:
- To send administrative information to You. We may use Your personal information to send You product, service and new feature information and/or information about changes to Our terms, conditions, and policies.
- To protect Our Services. We may use Your information as part of Our efforts to keep Our Site safe and secure (for example, for fraud monitoring and prevention).
- To enforce Our terms, conditions and policies for business purposes, to comply with legal and regulatory requirements or in connection with Our contract. We reserve the right to report to appropriate law enforcement or government agencies activities that We, in good faith, believe to be harmful or unlawful, with or without providing notice to You.
- To respond to legal requests and prevent harm. If We receive a subpoena or other legal request, We may need to inspect the data We hold to determine how to respond.
- To respond to user inquiries/offer support to users. We may use Your information to respond to Your inquiries and solve any potential issues You might have with the use of Our Services.
- To send You communications about Our Services. We and/or Our third-party marketing partners may use the personal information You send to Us for Our marketing purposes if this is in accordance with Your marketing preferences. For example, when expressing an interest in obtaining information about Us or Our Site, subscribing to marketing or otherwise contacting us, We will collect personal information from You. You can opt-out of Our marketing emails at any time (see the “WHAT ARE YOUR PRIVACY RIGHTS” below).
- Deliver targeted advertising to You. We may use Your information to develop and display personalized content and advertising (and work with third parties who do so, like Facebook Pixel) tailored to Your interests and/or location and to measure its effectiveness.
- WILL YOUR INFORMATION BE SHARED WITH ANYONE?
In Short: We only share information with Your consent, to comply with laws, to provide You with services, to protect Your rights, or to fulfill business obligations.
We may process or share Your data that We hold based on the following legal basis:
- Consent: We may process Your data if You have given Us specific consent to use Your personal information in a specific purpose.
- Legitimate Interests: We may process Your data when it is reasonably necessary to achieve Our legitimate business interests.
- Performance of a Contract: Where We have entered into a contract with You, We may process Your personal information to fulfill the terms of Our contract.
- Legal Obligations: We may disclose Your information where We are legally required to do so in order to comply with applicable law, governmental requests, a judicial proceeding, court order, or legal process, such as in response to a court order or a subpoena (including in response to public authorities to meet national security or law enforcement requirements).
- Vital Interests: We may disclose Your information where We believe it is necessary to investigate, prevent, or take action regarding potential violations of Our policies, suspected fraud, situations involving potential threats to the safety of any person and illegal activities, or as evidence in litigation in which We are involved.
- For the purposes specified at the time of collection. There may be other purposes that are specified when the information is collected.
More specifically, We may need to process Your data or share Your personal information in the following situations:
- Business Transfers. We may share or transfer Your information in connection with, or during negotiations of, any merger, sale of company assets, financing, or acquisition of all or a portion of Our business to another company.
- Vendors, Consultants and Other Third-Party Service Providers. We may share Your data with third-party vendors, service providers, contractors or agents who perform services for Us or on Our behalf and require access to such information to do that work. Examples include: payment processing, data analysis, email delivery, hosting services, customer service and marketing efforts. We may allow selected third parties to use tracking technology on the Site, which will enable them to collect data on Our behalf about how You interact with Our Site over time. This information may be used to, among other things, analyze and track data, determine the popularity of certain content, pages or features, and better understand online activity. Unless described in this notice, We do not share, sell, rent or trade any of Your information with third parties for their promotional purposes.
Most Web browsers are set to accept cookies by default. If You prefer, You can usually choose to set Your browser to remove cookies and to reject cookies. If You choose to remove cookies or reject cookies, this could affect certain features or services of Our Site. To opt-out of interest-based advertising on Our Site visit http://www.aboutads.info/choices/.
- HOW LONG DO WE KEEP YOUR INFORMATION?
When We have no ongoing legitimate business need or legal obligation to process Your personal information, We will either delete or anonymize such information, or, if this is not possible (for example, because Your personal information has been stored in backup archives), then We will securely store Your personal information and isolate it from any further processing until deletion is possible.
- HOW DO WE KEEP YOUR INFORMATION SAFE?
In Short: We aim to protect Your personal information through a system of organizational and technical security measures.
We have implemented appropriate technical and organizational security measures designed to protect the security of any personal information We process, including systems that store and transmit sensitive health data. However, despite Our safeguards and efforts to secure Your information, no electronic transmission over the Internet or information storage technology can be guaranteed to be 100% secure, so We cannot promise or guarantee that hackers, cybercriminals, or other unauthorized third parties will not be able to defeat Our security, and improperly collect, access, steal, or modify Your information. Although We will do Our best to protect Your personal information, transmission of personal information to and from Our Site is at Your own risk. You should only access the Site within a secure environment. Please consider carefully the information You share through the Site.
- DO WE COLLECT INFORMATION FROM MINORS?
In Short: We do not knowingly collect data from or market to children under 13 years of age.
We do not knowingly solicit data from or market to children under 13 years of age. By using the App, You represent that You are at least 18 or that You are the parent or guardian of such a minor above the age of 13 and consent to such minor dependent’s use of the App. If We learn that personal information from users less than 13 years of age has been collected, We will deactivate the account and take reasonable measures to promptly delete such data from Our records. If You become aware of any data We may have collected from children under age 13, please contact Us at email@example.com.
- WHAT ARE YOUR PRIVACY RIGHTS?
In Short: You may review, change, or terminate Your account at any time by logging into Your account or requesting termination or changes.
- CONTROLS FOR DO-NOT-TRACK FEATURES
- Your California “Shine the Light” Privacy Rights
Upon Your request, submitted to firstname.lastname@example.org. We will advise You of any categories of personal information that We disclose to third parties, and (to the extent We know) whether those third parties use that information for their direct marketing purposes. If We provide Your personal information to a third party, We do not allow that third party to use that information for marketing their services, unless You have consented to that use.
In Short: Yes, We will update this notice as necessary to stay compliant with relevant laws.
- HOW CAN YOU CONTACT US ABOUT THIS NOTICE?
Diana Health, Inc.
520 Broadway, 4th Floor
New York, NY 10012
- HOW CAN YOU REVIEW, CORRECT, UPDATE, OR DELETE THE DATA WE COLLECT FROM YOU?
You are responsible for ensuring the information You provide to Us is accurate and truthful. If Your information needs to be updated, corrected, or deleted, please notify Us using the contact information provided below. Your personal information can only be deleted in accordance with Our data retention policy, and as permitted by law. Further, personal information may remain in databases, access logs, backup media, and other records. We cannot update or remove information from records of third parties. To request to review, update, or delete Your personal information, please contact Us at email@example.com. We will respond to Your request within 30 days.
- LINKS TO THIRD PARTY WEBSITES OR APPS
Users may find advertising or other content on the Site that link to the sites and services of Our partners, suppliers, advertisers, sponsors, licensors and other third parties. We do not endorse the products of those companies, do not control the content or links that appear on these sites and are not responsible for the practices employed by websites linked to or from the Site. In addition, these sites or services, including their content and links, may be constantly changing. These sites and services may have their own privacy policies and customer service policies. Browsing and interaction on any other website is subject to that website’s own terms and policies. We encourage You to read the terms and policies of any third-party site or service You navigate to.
The content provided by and made available on the Site is for general information purposes only and is in no way intended to be a substitute for medical consultation with a qualified professional. We strongly encourage internet users to be careful when using medical information. If You are unsure about Your medical condition, consult a physician.
Although We carefully review Our content, Diana Health cannot guarantee or take responsibility for the medical accuracy of the content We provide, nor can We accept any liability for the content of information that is available through the Site.
While We attempt to keep the Site updated, neither We nor any employee or contractor warrants the accuracy, reliability, or timeliness of any information published on the Site or any website that links to or is linked from Our Site.
Neither Diana Health, any subsidiary or affiliate, nor any employee, owner, director, trustee, employee, or contractor shall be held liable for any losses caused by reliance on the accuracy, reliability or timeliness of such information.
Any person or entity that relies on any information obtained using this Site does so at his or her own risk.
While We exert reasonable efforts to maintain the privacy and security of all information that is accessible, or accessed, through the Site, all Users acknowledge that electronic information is susceptible to unauthorized access, and that such information may be used, disclosed, modified or corrupted without authorization or unintentionally.