General Terms and Conditions
Privacy and Confidentiality
1. HIPAA Assurances
Users of the Service agree to use the Service as intended, within the laws of the Health Insurance Portability and Accountability Act of 1996 (HIPAA), including the HIPAA Privacy Rule and the HIPAA Security Rule. Information reported to ClearFlow by the user may constitute Protected Health Information (“PHI”), as the term is defined by HIPAA. ClearFlow will comply with HIPAA as it relates to your Protected Health Information (PHI).
In the event Business Associate creates, receives, maintains, or otherwise is exposed to personally identifiable or aggregate patient or other medica information defined as Protected Health Information (“PHI”) in the Health Insurance Portability and Accountability Act of 1996 or its relevant regulations (“HIPAA”) and otherwise meets the definition of Business Associate as defined in the HIPAA Privacy Standards (45 CFR Parts 160 and 164) Business Associate shall:
- Recognize that HITECH (the Health Information Technology for Economic and Clinical Health Act of 2009) and the regulations thereunder (including 45 C.F.R. Sections 164.308, 164.310, 164.312, and 164.316), apply to a business associate of a covered entity in the same manner that such sections apply to the covered entity;
- Not use or further disclose the PHI, except as permitted by law;
- Not use or further disclose the PHI in a manner that had Insert Clinic Name done so, would violate the requirements of HIPAA;
- Use appropriate safeguards (including implementing administrative, physical, and technical safeguards for electronic PHI) to protect the confidentiality, integrity, and availability of and to prevent the use or disclosure of the PHI other than as provided for by this Agreement;
- Comply with each applicable requirements of 45 C.F.R. Part 162 if the Business Associate conducts Standard Transactions for or on behalf of the Covered Entity;
- Report promptly to Insert Clinic Name any security incident or other use or disclosure of PHI not provided for by this Agreement of which Business Associate becomes aware;
- Ensure that any subcontractors or agents who receive or are exposed to PHI (whether in electronic or other format) are explained the Business Associate obligations under this paragraph and agree to the same restrictions and conditions;
- Make available PHI in accordance with the individual’s rights as required under the HIPAA regulations;
- Account for PHI disclosures for up to the past six (6) years as requested by Covered Entity, which shall include: (i) dates of disclosure, (ii) names of the entities or persons who received the PHI, (iii) a brief description of the PHI disclosed, and (iv) a brief statement of the purpose and basis of such disclosure;
- Make its internal practices, books, and records that relate to the use and disclosure of PHI available to the U.S. Secretary of Health and Human Services for purposes of determining Customer’s compliance with HIPAA; and
- Incorporate any amendments or corrections to PHI when notified by Customer or enter into a Business Associate Agreement or other necessary Agreements to comply with HIPAA
2. Collection of Personal Information
When you use our Services, we may collect or receive personal information about you to provide our services and operate our business. The types of personal information that we may collect about you are:
- Information You Provide to Us Directly
- User Profile – When you sign up for your ClearFlow account, we collect basic information about you. This includes information such as name, email address, and password. You may also set up your profile on the Service and submit certain information to be displayed on your profile. This may include a photo of you, a short bio, links to your presence on other social media sites, and other information that you think other users might want to know about you. The information that you submit for display in your profile, including any personal information, will be viewable by other users of the Service.
- Uploaded Content – As a registered user you may upload data to the Service or post various queries, comments, analyses and other content on the data or work made available on the Service by other users. This content that you provide to the Service (“Your Content”) will be viewable by other users of the Service in accordance with the privacy settings that you specify when uploading, posting or otherwise creating Your Content on the Service in either ClearFlow’s public or private function, as described in our Terms of Service. For avoidance of doubt, Your Content on the Service in ClearFlow’s public function is deemed a contribution to the community and ClearFlow will treat such information as public information.
- Payment Information – When you register for the premium Service, which is described more fully in our Terms of Service, we may collect all the information necessary to complete the transaction, including your name, credit card information, billing information and shipping information.
- Surveys or Promotions – From time to time, we invite our customers and users to participate in surveys, promotions or contests. When a customer or a user participates, we request certain personal information such as name and email address.
- Correspondence – If you correspond with us via email, we may gather in a file specific to you the information that you submit. This includes information provided for support purposes.
- Information Collected Automatically
We also may receive and store certain information about you and your device(s) automatically when you access or use our Site and Service. This information may include:
- Technical Information – We collect technical information associated with your activity on our Site and may include information related to your browser and operating system, IP address (the Internet address of your computer) unique device identifiers, and other information such as your device type.
- Site Usage Information – We collect information to better understand customer traffic patterns and Site usage. This may include the webpage that you were visiting before accessing our Site or mobile application, the pages or features of our Site or mobile application you browsed to inform us which part of our Site, app and Service you visit and how much time you spend there.
- Site Preferences and Cookies – We collect information about your preferences to make your use of the Site more productive through the use of anonymous identifiers such as cookies. Cookies are intended to make using the Service and this Site easier by, among other things, saving your preferences for you.
Information Collected from Third-Party Services
We implement certain third-party offerings in the Service, enabling such third parties to collect information about you or your online activities across different websites and over time through your use of the Service. This includes enrichment information in support of direct marketing campaigns. Information collected may include, but is not limited to, personal information such as demographic data, social media profiles, and contact information.
3. Use of Your Personal Information
We may use the information we collect or receive about you for various purposes.
- To Provide You with Our Services
- We use your information to provide you the Service. For example, we use credit card information to complete a transaction and this information may be shared with third-party vendors who process and fulfill your purchases. When you submit credit card numbers, the information is processed by our third-party vendors.
- To Maintain, Improve, and Personalize the Services
- To Communicate with You
- We may also use the information you provide to communicate with you, provide recommendations, and to promote the Service, unless you inform us that you opt out from receiving such communications.
- For Our Business Purposes
- We may use your information for any other purpose disclosed to you at the time we collect or receive the information, or otherwise with your consent.
4. Sharing of Your Personal Information
We may disclose personal or other information collected about you through the Service or this Site in any of the following situations:
- Authorized Users of the Service: In furtherance of providing the Service, ClearFlow may disclose certain information collected about you through the Service to other users of the Service authorized to receive such information.
- Affiliates and Service Providers: We may disclose information that we collect about you to our corporate affiliates, and to third-party contractors who perform services for ClearFlow in connection with the Site and/or the Service or to complete or confirm a transaction that you conduct with us. We contractually require these affiliates and third parties to keep personal information confidential and use it only for the purposes for which we disclose it to them. As noted, information about you collected by third-party services integrated with the Site or the Service will be disclosed to such third parties.
- Other Users of the Service and the Public: We may provide functionality that enables you to disclose personal information to other users of the service or the public. For example, any information submitted using ClearFlow’s public function will be accessible by other Service users and the public. We do not control how other users, or the public, may use any personal information that you make available.
- In Aggregate: We may disclose the results of aggregated data about you and other users without restriction. In these situations, we do not disclose to these entities any information that could be used to personally identify you.
- Corporate Transaction: We may disclose information about you as part of a merger, acquisition or other sale or transfer of all or substantially all of ClearFlow’s assets or business (or a potential corporate transaction).
- When Required by Law: We may disclose information about you to the government or to third parties under certain circumstances when legally obligated to do so. We reserve the right to release information collected through the Service or this Site to law enforcement, public authorities or other government officials as deemed necessary in our sole discretion.
- Enforce our Terms: We may disclose any information that we believe is necessary to enforce or apply our Terms of Service and other agreements; or to protect the rights, property, or safety of ClearFlow, our employees, our users, or others.
- With Your Consent: We may disclose information for any other purpose with your consent.
5. Security of Your Information
To help protect the privacy of data we collect through the Service, we employ measures intended to be consistent with industry best practices for security and encryption in data transmission and storage. However, you should keep in mind that the Site and the Service are run on software, hardware and networks, any component of which may, from time to time, require maintenance or experience problems or breaches of security beyond our control. We process payments securely using an industry-accepted Payment Gateway, and do not store any billing information on our own servers. Please also be aware that despite our best efforts to ensure the security of your data, we cannot guarantee that your information will be 100% secure.
Please recognize that protecting your personal information is also your responsibility. We urge you to take every precaution to protect your information when you are on the Internet, such as using a strong password which is a combination of letters and numbers. If you have reason to believe that the security of your account might have been compromised (for example, your password has been leaked), or if you suspect someone else is using your account, please let us know immediately.
6. Data Retention
7. Your Rights
We believe that privacy is a right for every user, and we therefore provide you with a set of rights that you can exercise.
- Right to Know – You have the right to know the personal information we collect, use, disclose, and sell about you. This includes the right to know the categories of personal information that we have collected; the categories of sources; the business or commercial purposes for which we process your personal information; and the categories of recipients with whom we have shared your personal information; whether we have disclosed your personal information for a business purpose, and if so, the categories of personal information received by each category of third party recipient; and whether we’ve sold your personal information, and if so, the categories of personal information received by each category of third party recipient.
- Right to Access – You have the right to receive your personal information in a structured, commonly used and machine-readable format and the right to transmit your personal information to another service provider without hindrance from ClearFlow.
- Right to Delete – You have the right to request that we delete any personal information we have collected from you or maintain about you. We may save personal information when permitted by applicable law including, without limitation, when the information is needed for a legal purpose or as required under our Terms of Service.
- Right to Update and Correct – If you are a registered user you may modify and correct certain of your personal information. This includes the addition or removal of certain personal information (except your name, email address, username and password, which we require of all users to maintain their accounts), as well as your preferences for the types of communications you receive from us.
- Right to Opt-Out of the Sale – ClearFlow does not sell or rent any of your personal information to third parties including that of minors under the age of sixteen (16). While ClearFlow does not consider the use of advertising cookies on our site as a sale, you have the right to opt out of it.
- Right to Non-Discrimination – ClearFlow will not discriminate against those who exercise their rights. Specifically, if you exercise your rights, we will not deny you Service, charge you different prices for it or provide you a different level or quality of Service.
- Right to Object or Restrict – At any time, you may object to the processing of your personal information, or request us to restrict it, on legitimate grounds, except if otherwise permitted by applicable law.
8. Third Party Sites
The Service and this Site are not directed to children under thirteen (13) years of age. If you learn that your minor child has provided us with personal information without your consent, please contact us.
10. California Residents
|Personal Information Collected
||Sources of Personal Information
||Why We Collect Personal Information?
||To Whom May We Disclose Personal Information?
|Identifiers such as a name, address, unique personal identifier, email, phone number
|Commercial information such as records of products or services purchased, obtained, or considered as well as records of surveys, promotions and correspondence
|Internet or other electronic network activity information, including browsing history and search history
|Financial information such as your payment card information
|Inferences such as how you interact with our Service
11. Non-US Residents
We are a global business based in the United States, and we may transfer data globally to be processed by us or our service providers in order to provide the Service to you or for such other purposes as set forth in this policy. If you are not a resident of the U.S., you hereby consent and agree that we may collect, process, use, and store your information, as discussed in this policy, outside your resident jurisdiction, including in the U.S. Please be aware that U.S. law and the laws of other countries where we may store and process your information may offer different levels of protection for information than may be available in your country.
If we transfer your information, as discussed in this policy, out of Europe to a country not deemed by the European Commission to provide an adequate level of personal data protection, the transfer will be performed:
- pursuant to the recipient’s compliance with the standard contractual clauses or Binding Corporate Rules;
- pursuant to the consent of the individual to whom the personal data pertains; or
- as otherwise permitted by applicable European data protection law requirements.
You may contact us if you want further information on the specific mechanism used by us when transferring your information out of Europe.
12. Governing Law
14. Contact Us
- Mail: ClearFlow Attn: Data Protection Officer, 16 Technology Drive, Suite 150, Irvine, CA 92618
- Or by e-mail at privacy@ClearFlow.com
and we will work with you towards a resolution.