Effective Date:
This Privacy Policy is effective as of September 1st, 2015.
This Privacy Policy sets forth the practices of Helix Mobile Wellness and Research (?Helix?) concerning information we obtain by and through your use of the Helix mobile application (the ?Application?) and the services provided by Helix (the ?Services?). Helix is committed to respecting your privacy and recognizes the need for appropriate protection and management of personally identifiable information and medical information shared with us.
The Privacy Policy explains the types of information Helix obtains about the users of our Application and/or Services, how the information is obtained, how it is used, how it is disclosed, how you can get access to this information, and the choices you have regarding our use of, and your ability to review and correct the information.
Use of the Application and/or the Services constitutes acceptance and consent to the use of your information as set forth in this policy. Helix does not accept any Personally Identifiable Information or Medical Information prior to receipt of acknowledgment of this Privacy Policy. Please read and review this Policy carefully.
This Privacy Policy applies only to Helix?s Application and Services and becomes effective as soon as you use the Application.
1. INFORMATION THAT YOU GIVE US:
When you register for the Application or subscribe to our Services (?Enroll?), we obtain personal information that can identify you (?Personally Identifiable Information? or ?PII?), that you submit to us, which includes your full name, email address, mailing address, telephone number, gender, birthday, health maintenance organization or preferred provider organization details, username for our Application with password, and credit card information for payment. We also may collect PII or medical information from you when you subscribe or purchase any of the specific medical services we facilitate.
Helix Mobile Wellness and Research works to cover itself as an entity under the guidelines of the Health Insurance Portability and Accountability Act of 1996 (?HIPAA?). Helix MWR does not guarantee that your data is always stored or transmitted in a HIPAA-compliant manner. This is partially due to the security systems of third-party companies that we do not control, as well as the communication channels that are used on your personal devices. Electronic communications with personnel at Helix are not protected with HIPAA-compliant security. Depending on your email service provider, emails and phone calls to Helix personnel may or may not be protected with HIPAA-compliant security. By agreeing to this privacy policy, you agree to these terms and accept that the healthcare data you share with Helix MWR may not be stored or transmitted with HIPAA-compliant security. By agreeing to this Privacy Policy, you are waiving your right to HIPAA-compliant security on the healthcare information you share with Helix MWR.
When you subscribe or agree to purchase any of the medical Services that Helix offers or facilitates, we may request additional personal or medical information to be shared through the Application. The medical information requested will include: a full patient history, a list of medications, a list of symptoms concerning you?re reasons to contact Helix, allergies, a family medical history and any other medical history or information you would like us to know about. The information provided will be used by medical practitioners and staffers associated with Helix to evaluate your condition and participate in your care. The information will also be transmitted to medical practitioners or entities that are involved in your care, including blood testing laboratories and licensed pharmacies that work with Helix. Helix’s affiliated research teams will have access to your medical data. By providing data to Helix, you are also giving consent for Helix’s customer service and administrative teams to handle this data and view it.
Helix Mobile Wellness and Research is a research institute. By purchasing and/or subscribing to any of our Services, you are consenting to participate in our research studies as a medical Patient of our research institute. Within the Services that Helix offers and facilitates, all medical decisions on your care will be made with the goal of improving your quality of life, with the feedback and results from those decisions used for research. In participating in our research studies, Helix and its affiliated medical practitioners will aim to balance your hormones and/or vitamin levels at optimal levels, with the hope of further strengthening the theory that balanced hormones and vitamins lead to a better quality of life and a reduced affect on the medical ailments a Patient claims to have, within the aliments Helix is researching (fatigue, depression, weight loss issues, sexual dysfunctions, addictive tendencies, HIV/AIDS, autoimmune disorders, fertility issues, issues related to aging, stress, menopause). Our research studies are compliant with all medical research guidelines administered by the Department of Health and Human Services. No Patients will be given ?placebo? treatments. Your feedback and the results of your care may be aggregated into our pool of research data, where all Patient identification data remains anonymous during the entire process of writing research, as well as the reporting of it. Patients are allowed to cancel their care and/or Services with Helix at any time. By serving as a research participant, Patients who discontinue their treatment with Helix (thereby discontinuing the research being done on their results) will not face any consequences or be held liable for any damages or interruptions on research.
Minors (anyone the age of 17 or below) must be represented by a guardian, which means that minors must either be supervised by the guardian while using our Application, or the guardian must use the Application in representing the minor. Minors are not allowed to use our Application or the Services that Helix provides, without the supervision of a guardian. Helix does not knowingly allow minors to use the Application or our Services without the supervision of a guardian, nor does Helix knowingly collect information from minors who are using the Application or our Services without the supervision of a guardian.
If you believe that Helix has infringed on your privacy rights or that the privacy of your PII has been compromised, you should contact or visit your local Helix Office or email customerservice@helixbayarea.com.
2. OTHER INFORMATION WE COLLECT:
Medical Information Infrastructure:
The Helix Application may collect PII and medical information from you and transmit it electronically. We will use appropriate administrative, physical, and technical safeguards to protect the security and privacy of information held in the Application. Our infrastructure is kept in a secured data center that protects from unauthorized access to the physical servers, backups and any element used to store and/or process personal data. Only authorized personnel can access the data center. Our systems and databases are backed up regularly to protect the data in case of an incontrollable catastrophe. The data center that stores our servers has policies and procedures in place designed to safeguard the equipment that our data is stored on. You have a right to amend medical information in accordance with applicable legal requirements.
Medical Information:
We will collect medical information that you provide us, which may include information or records relating to your medical or health history, health status and laboratory testing results, diagnostic images, and other health related information. We will collect medical information about you that is prepared by the healthcare provider(s) and healthcare entities who provide the Services through the Application ? the information collected in this manner would include medical records (in the form of a Medical Portfolio), treatment and examination notes, and other health related information. We will also collect information about the computer or mobile device you are using, such as what Internet browser you use, the kind of computer or mobile device you use, and other information about how you use the Application. We will collect any information that you input into the system.
Cookies:
Our Application may use cookies and other technologies to collect information. Cookies are small bits of information that our websites and Application place on the hard drive of your device or computer. Cookies will only be used in regard to your logins and actions on our Application; they will not be used to interfere or track your actions on any other sites or applications. We may use cookies to facilitate your login processes; allow you to personalize and store your settings; collect usage information; determine our total audience size and traffic; and help us improve our sites by measuring which areas are of greatest interest to users, specifically on our Application. Any users of the Application and/or Services from a public computer or device are advised to take necessary measures to sure that all cookies are removed subsequent to their use of the Application and/or Services.
Tracking and/or analytics services:
We may use mobile application tracking and/or analytics services, within our Application. These services may record unique mobile gestures such as tap, double-tap, zoom, pinch, scroll, swipe and tilt within your use of our Application, but do not collect personally identifiable information that you do not voluntarily enter in the Application. These services do not track your browsing habits across mobile applications that do not use the same services. We are using the information collected by these services to understand user behavior, optimize our site performance, and improve the user experience.
Web Beacons:
We may also use web beacons (invisible images often referred to as pixel tags or clear GIFs) in order to recognize users and assess traffic patterns, and we may include web beacons and cookies in our email messages in order to count how many e-mail messages have been opened.
Non-Personally Identifiable Information:
We also collect Non-Personally Identifiable Information that is not health information or medical information in the form of statistics and information regarding the Application user?s statistics and metrics obtained from third party devices (for example, steps, distance, calories burned, GPS coordinates, bat speed, hand speed, swing time, etc.), which may be combined with personal information you submit through the Application and/or Services so that you can fully enjoy the benefits of the Application?s tracking, monitoring, and diagnostic tools. We may also request the following optional information as part of your profile so that you can fully enjoy the features and functions of our Services: your weight, height, and gender. While this information is not deemed Personally Identifiable Information, Helix strives to treat the same safeguards as other protected information.
Mobile Device Information:
Your use of the Application may also include collection of information from your mobile device. For example, the Application may request your permission to collect location data and/or may request access to multimedia (photos or videos) stored on your mobile device. If you do not wish for your location data to be shared with Helix, please respond accordingly when prompted on your mobile device, or visit your mobile device settings. Multimedia will only be collected from your device if you affirmatively select it to upload to the application (i.e. you choose an image or video to store within the Application). Your location data and multimedia will only be viewed and accessed by medical practitioners and assistants to medical practitioners that are affiliated with Helix, as well as medical entities who are participating in your care, as well as administrators who are coordinating your care, or Helix medical researchers who are compiling research for our reports.
Real-Time Location:
Certain features of the Application use GPS technology to collect real-time information about the location of your device so that medical practitioners from Helix can visit you.
3. How We Use Your Information:
Subject to this Helix Privacy Policy, the Terms and Conditions, and applicable terms and conditions of third-party applications, all data transmitted through the Application is owned by Helix. To the extent Helix is precluded from owning data transmitted through the Application, you grant Helix a perpetual, worldwide, royalty-free license to use such data (with the exception of medical information) to the extent necessary to enable use of the Application and Services. Generally, we may use information in the following ways:
a. For the purposes for which you specifically provided it including, without limitation, to enable us to process and fulfill your subscriptions, provide the Services or other requests.
b. To communicate with medical practitioners and medical entities that are affiliated with Helix and participants in your care.
c. To send you information about your relationship or transactions with Helix.
d. To notify you about our products, services, updates, and special offers, except that Helix will not use medical information for marketing purposes.
e. To otherwise contact you with information that we believe will be of interest to you.
f. To enhance or develop features, products and services.
g. To allow us to personalize the content that you and others see on the Application.
h. To conduct medical research at our institute.
We use non-Personally Identifiable Information for purposes such as measuring the number of users of various features of the Application, making the Application more useful to users. We may also use Non-Personally Identifiable Information (for example, statistics regarding use and metrics) for research purposes, for marketing and promotional purposes, and to develop new learning tools and solutions. We use IP addresses to analyze trends, administer the Application, track a visitor?s movement, and gather demographic information for aggregate, non-personally identifiable use.
You acknowledge that unless you request in writing otherwise, Helix, in its sole discretion, has the right but not the obligation to store any information, whether Personally Identifiable Information or otherwise, perpetually, to the extent permitted by law. If you wish for any information about you to be removed from our database, please contact us by calling or visiting your local Helix office. We will not use your health related information for any purpose other than to provide you with the Services and/or customer support services you request from us, as well as for medical research purposes at our institute.
4. Sharing Your Information:
Except as otherwise described in this Privacy Policy, or if we inform you otherwise at the time of data collection and receive your consent where required, we will not sell, trade, or share your information with third parties. We may share your information as follows:
a. Medical Practices and Physicians: We will share your information with other medical practitioners or medical entities, should you request it. Your information will also be shared with medical practitioners, assistants to medical practitioners, and medical entities that are affiliated with Helix and involved in your care.
b. Service Providers: We may use other companies to perform services including, without limitation, facilitating some aspects of our Application such as processing credit card transactions sending emails, and fulfilling purchase requests. These other companies may be supplied with or have access to your PII, but not to your medical information, solely for the purpose of providing these services to you on our behalf.
c. Business Partners: When you make purchases or engage in promotions offered through our Application, we may share PII, but not your medical information with the businesses with which we partner to offer you those products, services, and promotions. Acceptance of a particular business partner’s offer is deemed an authorization for us to provide your information to that business partner, excluding any medical information.
d. Service Providers: We occasionally will share, on an anonymous basis, information and data on Application users with third party providers who provide targeted services, such as advertising or data analysis on our behalf. This sharing of information does NOT include any PII or medical information.
e. Research Pool: Your medical information may be aggregated into a research pool of data, where medical researchers may look for trends in the response to the care that Helix offers, as well as how the care that Helix provides correlates to conditions you stated to have in your medical history. Your personal identification information will never be aggregated into the research pool of data, meaning that our medical researchers will never be able to associate medical information to you, once it is in our research data pool. Any research that is published or released by Helix will never include patient identities. Helix medical researchers may access your name and medical history when they are compiling data for entry into the research pool.
f. Special Circumstances: We also may disclose your PII, (a) in response to a subpoena or similar investigative demand, a court order, or other request from a law enforcement or government agency where required by applicable law; (b) When disclosure is required or allowed by law in connection with efforts to investigate, prevent, or take other action regarding illegal activity, suspected fraud or other wrongdoing; to protect and defend the rights, property or safety of our company, our users, our employees, or others; to comply with applicable law or cooperate with law enforcement; or to enforce our Application?s terms and conditions or other agreements or policies; or (c) In connection with a corporate transaction, such as the sale of all or a portion of our business, a divestiture, merger, consolidation, or asset sale, or in the event of bankruptcy, as required or allowed by law.
The personal information and medical information you enter into the Application will be shared amongst medical practitioners and assistants to medical practitioners, and medical researchers, that are affiliated with Helix. Your medical information will also be available to medical entities involved in your care that is being facilitated by Helix, namely blood testing laboratories and licensed pharmacies. You should not enter any information into the Application that you wish to keep confidential.
5. How to Access or Update Your Information:
You have the ability to review and update your personal information, including medical information that Helix may handle for you through your Application account by visiting your Medical Portfolio. You can also review and update your personal information or medical information by accessing your Medical Portfolio. Should there be information you wish to edit that you cannot, please visit or contact your local Helix office.
6. How We Protect Your Information:
We use commercially reasonable administrative, technical, and physical measures to safeguard PII and medical information in our possession against loss, theft and unauthorized use, disclosure or modification. No method of transmission over mobile applications is 100% secure, however. Therefore, while we strive to make all reasonable efforts to use commercially acceptable means to protect your personal information, we cannot guarantee its absolute security, on our mobile platform or within our entire data infrastructure. In the unlikely event of a data breach, you will be notified as soon as reasonably possible, in accordance with applicable law. Furthermore, we are not responsible for any breach of security or for any actions of any third parties that receive the information, including without limitation any breach of security or for any actions of a Medical Practice, Physician, Pharmacy or blood testing laboratory.
Patients will have the option to ?EMAIL? their medical records to outside parties from their mobile device. Commercial email systems often are not HIPAA compliant and patients are advised to realize this before using the ?EMAIL? feature offered in the Patient Medical Portfolio.
7. Changes To Our Privacy Policy:
From time to time we may revise this Privacy Policy. If we make revisions that change the way we collect or use your PII or medical information, those changes will be posted in this Privacy Policy and the effective date will be noted at the end of the Privacy Policy. Therefore, you should review it periodically so that you are up to date on our most current policies and practices. If we make material changes to our practices regarding use of your PII or medical information, your PII or medical information will continue to be governed by the Privacy Policy under which it was subject prior to those changes, unless you have been provided notice of, and have not objected to, the changes.
8. Children?s Online Privacy Protection Act:
We support and acknowledge the Children?s Online Privacy Protection Act (COPPA). Helix will offer services for minors (age 17 and below) but any minor accessing our services must be represented by a guardian at all times, which includes only accessing our mobile app under the supervision of the guardian. It is the Guardian?s responsibility to make sure any minor subscribing to our Services is not using the mobile app without Guardian?s supervision. Any information collected by us about minors will never be shared with third-parties. If you seek Services for a minor, provided that you are the guardian to the minor, you will be responsible for providing information related to the minor and for paying for Services requested for the minor.
9. Severability Clause.
In case any provision in this Supplemental Indenture shall be invalid, illegal or unenforceable in any jurisdiction shall, as to such jurisdiction be ineffective to the extent of such invalidity, illegality or unenforceability without affecting the validity, legality and enforceability of the remaining provisions; and the invalidity of a particular provision in a particular jurisdiction shall not invalidate such provision in any other jurisdiction.
10. Links to Third Party Sites:
Our Application may contain links to websites or applications operated and maintained by third-parties, over which we have no control. Privacy policies for these third-party sites and applications may be different from our Privacy Policy. You access these third-party sites and applications at your own risk. You should always read the privacy policy of a linked site or applications before disclosing any personal information on such site and/or through such applications. Helix is not responsible for information you submit to third-parties.
10. How to Contact Us:
If you have any questions, comments or concerns about our Privacy Policy, please call or visit your local Helix Office.