Privacy Policy

Motion Clinical, Inc. (“Motion”) and its affiliates are committed to protecting your privacy. We want you to understand how we use and disclose information so you can interact with Motion and our services (“Services”) with confidence.  By using our Services, you consent to the collection, use, disclosure, and display of personal health information and other personal information in accordance with this Policy.  This Policy is incorporated by reference into the Terms of Use (“Terms of Use”) and subject to the provisions thereof.  

When you use our Services, Motion may receive protected health information and we may we may collect, use, and disclose other personally identifiable information.  Under the Health Insurance Portability and Accountability Act and its implementing regulations (“HIPAA”), certain demographic, health, and/or health-related information that Motion receives from your health care providers, including but not limited to Motion Lord Chiropractic Corporation, as part of providing the Services may be considered “protected health information” or “PHI.”  HIPAA provides specific protections for the privacy and security of PHI and restricts how PHI is used and disclosed.  Motion may only use and disclose your PHI in the ways permitted by you in the HIPAA Privacy Authorization provided under the Terms of Use and upon your login to your account with the Service or otherwise in compliance with HIPAA.  In addition, “personally identifiable information,” as used in this Policy, is information that specifically identifies an individual, such as an individual’s name, address, telephone number, e-mail address, or other similar information that can be used to identify you.  Personally identifiable information also includes information about an individual’s activity on our Service, including profile information and other identifiable information entered by the individual.  PHI and personally identifiable information are collectively referred to in this Policy as “Your Information.”

Your information does not include “aggregate” or other non-personally identifiable information.  Aggregate information is information that we collect about a group or category of products, services, or users that is not personally identifiable or from which individual identities are removed.  We may use and disclose aggregate information, and other non-personally identifiable information, for various purposes, including, without limitation, to improve and promote the Service.

 

Information We Collect

Information you provide us

We collect Your Information in various ways on our Service.  More specifically, when you use our Service, we may collect the following:

  • User Accounts and Profiles.  Our Services may give you the ability to register for an account or to create and update a user profile on the applicable Services.  If we offer user account or profile functionality on the Services, we will collect Your Information as provided to use in the course of registering for an account or creating or updating a user profile.  This information may include, for example, name, postal address and zip code, telephone number, e-mail address, information about your health, and related demographic information.  We may indicate that some of Your Information is required for you to register for the account or to create the profile, while some may be optional. Failure to provide any required information may affect your ability to use or enjoy all functionalities of the Service.
  • Interactive Features.  Our Services may contain interactive functionality that allows you to engage with the Services, post comments to forums, upload photographs and other content (the “User Materials”), participate in surveys, track certain activities, and otherwise interact with the Services and with other users.  If you use any interactive functionality on our Services, we collect that information that you provide to us in the course of using these interactive features.
  • Correspondence.  If you contact us by e-mail, using a contact form on the Services, or by mail, fax, or other means, we collect Your Information as contained within, and associated with, your correspondence.
  • Certain Outside Activities.  We and other business partners may collect information from you about your activities outside of the Services, including but not limited to, your selected providers, treatment plans, and the monitoring of your treatment.  In these instances, our business partners may collect Your Information, and such information may be shared with us.

Information we collect automatically

When you visit our Services, some information is collected automatically.  This includes:

  • Your browser type and operating system
  • Your device type (for example, if you are on a computer or iPhone)
  • Your Internet Protocol (IP) address, which can sometimes be used to derive your general geographic location
  • Server logs and other communication data
  • How you found your way to our Services (for example, if you clicked on a link from a social network)
  • Actions you take on our Services, and the content, features, and activities that you access and participate in on our Services
  • Information collected through cookies, Web beacons, and other similar Internet technologies
  • Information regarding your interaction with e-mail messages, such as whether you opened, clicked on, or forwarded a message

Information from Other Sources

We may receive information about you, including PHI and personal information from third parties, including our affiliates and any of our service providers, and may combine this information with Your Information that we maintain about you. If we do so, this Policy governs any combined information that we maintain in personally identifiable format.

 

Use of Your Information

We use Your Information to provide services and information that you request; to enhance, improve, operate, and maintain our Services, our programs, and other systems; to display personalized health content and appointment reminders; to prevent fraudulent use of our Services and other systems; to prevent or take action against activities that are, or may be, in violation of our Terms of Use or applicable law; to tailor content and other aspects of your experience on and in connection with the Service; to maintain a record of our interactions with you; for other administrative purposes; for any other purposes that we may disclose to you at the point in which we request Your Information; and pursuant to your authorization.

Sharing Your Information

Except as described in this Policy, we will not disclose Your Information that we collect or display on the Services to third parties without your authorization.  We may disclose information to third parties if you consent to us doing so, as well as in the following circumstances:

  • Trusted Third-Party Service Providers.  To the extent legally permissible, we may disclose and/or exchange Your Information to third-party service providers (e.g., administrative services companies, marketing partners, application developers, data hosting, and processing providers) that assist us in our operations.  We limit the information provided to these service providers to that which is reasonably necessary for them to perform their functions and we require them to agree to maintain the confidentiality of such information. 
  • Health Care Service Providers.  To the extent legally permissible, we may also disclose Your Information to your health care service providers for purposes of medical treatment, consultation, appointment reminders, to disclose your use of the Services, and to deliver content specific to your health condition.
  • Business Decisions.  To the extent legally permissible, we may disclose Your Information to third parties if we are involved in a merger, acquisition, or sale of any or all of our business and/or our assets to a third party.
  • Legal Compliance.  To the extent legally permissible, we may disclose Your Information if we have a good faith belief that disclosure is necessary to:
    • comply with applicable laws, regulations, legal process (such as a subpoena), or enforceable government request;
    • enforce applicable Terms of Use, including investigation of potential violations of such Terms, or to detect, prevent, or otherwise address fraud, security or technical issues; and
    • protect against harms to the rights, property, or safety of Motion, our users, or the public as required or permitted by law.

Choice

If you authorize integration of your PHI into the Services, you may revoke this authorization at any time by contacting [email protected].

If you receive e-mail from us, you may unsubscribe at any time by following instructions contained within the e-mail.  Additionally, if we offer user account functionality on the Services, we may allow you to view and modify settings relating to the nature and frequency of promotional communications that you receive from us. 

Review and Correction of Your Information

You may review and edit the information Motion collected about you at any time by contacting us at the addresses below.  If your information has been shared with a third party, as described elsewhere in this Privacy Policy, then that third party has received its own copy of your data.  If you have been contacted by one of these third parties and wish to correct or delete your information, please contact them directly. 

Third Party Websites

Motion’s Services may contain links to other websites, including those of third parties or business partners.  If you choose to visit or use any third-party sites or products or services available on or through such third-party sites, please be aware that this Policy will not apply to your activities or any information you disclose while using those third-party sites or any products or services available on or through such third-party sites. We are not responsible for the privacy practices of these third-party sites or any products or services on or through them. Additionally, please be aware that the Services may contain links to Web sites and services that we operate but that are governed by different privacy policies. We encourage you to carefully review the privacy policies applicable to any Web site or service you visit other than the Services before providing any of Your Information on them.

Minors

The safety of minors is important to us, and we encourage parents and guardians to take an active interest in the online activities of their children. Our Services are not directed to minors under the age of 18 except when a minor between the age of 13 and 18 has otherwise been granted electronic access to their medical records on a case-by-case basis in order to provide such minor with health care related services as provided in the Terms of Use.

We will abide by the Children’s Online Privacy Protection Act (“COPPA”) and will never knowingly request personally identifiable information from anyone under the age of 13. In the event we discover we have collected information from a child under 13 years of age in a manner inconsistent with COPPA’s requirements, we will either delete the information or immediately seek the parent’s consent for such collection.

International Visitors and the Privacy Shield

Our Services are hosted and operated in the United States (“US”).  By using the Services, you are consenting to the transfer of your personal information to the US.  If you are accessing our Services from outside the US, please be advised that US law may not offer the same privacy protections as the law of your jurisdiction. 

California Privacy Rights

California law allows California residents to ask companies with whom they have an established business relationship to provide certain information about the companies’ sharing of personal information with third parties for direct marketing purposes.  We do not share any California consumer personal information with third parties for marketing purposes without consent.  

California customers who wish to request further information about our compliance with this law or have questions or concerns about our privacy practices may contact us using the contact information set forth below.

Security

Your Information as provided to us through the Services will be stored in a secure manner. We have implemented a variety of commercially standard encryption and security technologies and procedures to protect Your Information stored in our computer systems from unauthorized access. Please be aware, however, that no data security measures can be guaranteed to be completely effective. Consequently, we cannot ensure or warrant the security of any information that you provide to us. You transmit information to us at your own risk.

Updates to this Policy

We may occasionally update this Policy. When we do, we will also revise the “last updated” date at the beginning of the Policy. Your continued use of our Services after such changes will be subject to the then-current policy. If we change this Policy in a manner that is materially less restrictive of our use or disclosure of Your Information, we will use reasonable efforts to notify you of the change and to obtain your consent prior to applying the change to any of Your Information that we collected from you prior to the date the change becomes effective. We encourage you to periodically review this Policy to stay informed about how we collect, use, and disclose Your Information.

Contacting Us

If you have any questions or comments about this Policy, please email us at [email protected] or send us a letter at:

Motion
ATTN: Privacy Officer
480 2nd. St
Suite 100
San Francisco, CA 94107

Updated: October 14, 2017