Last updated: October 1, 2019
We wish to make it easy for consumers (including family members and minor dependents, the “Customers”) ”) to quickly search for services, focus the results using our filtering tools, and book with the best value providers (the “Services”) whether physicians, facilities such as imaging centers, labs tests, urgent care clinics, or surgery centers (the “Providers”) through appearances, listings or promotions (each, a “Listing” or a “Listed”) on the Site. Customers are referred to in this policy as “Users.” or “you.” We urge all Users to be responsible about their use of the Site and any transaction entered into as a result of either posting a Listing, booking an appointment or purchasing or selling a service.
Information the Site Collects
The Site generally collects personally identifying information with your knowledge and consent. For instance, when you register or create an account, create a profile, use the Site, book an appointment, complete a survey or questionnaire, make a purchase or sale, subscribe to any of our publication(s), send a message, post a communication, such as on or through bulletin boards, forums or register for any portion of the Site, you are or may be asked to provide information such as your e-mail address, name or phone number as well as the other information required to create an account. Optional information may also be requested. We also collect and process such information to help us understand who you are and what types of transaction you may like, how you use the Site and how you interact with us and other Users.
We might receive information about you from other sources and add it to our account information.
Some of the Services require us to know more about you so that we can best meet your needs. When you access these Services, we may ask you to voluntarily provide us certain information that personally identifies (or could be used to personally identify) you. This personal information may include:
contact data (such as your e-mail address and phone number);
demographic data (such as your gender, your date of birth and your zip code);
insurance data (such as your insurance carrier, insurance plan, member ID,
group ID and payer ID);
medical data (such as the doctors, dentists or other health care providers you have visited, your reasons for the visit, your dates of visit, your medical history, and other medical and health information you choose to share with us), and
other information that you voluntarily choose to provide to us.
We require the collection of certain contact information as part of the registration process, and you may provide additional contact information (for example, health plan, health plan subscriber ID number, physician name and contact information, email address, home phone number, and home address). In many cases, that information may be pre-filled if we have already received such information from your health plan (either directly or through its Administrators. Otherwise, you will be asked to enter this contact information directly
From time to time, the Administrators may provide us with, or we may otherwise access and collect from such parties, healthcare financial information (which may include medical or other information contained in their medical records, patient files or bills) or other information about you. This may include sharing of information about you between our service and other systems used by you or the Administrators containing information about you. The provision and sharing of this information is optional by your health plan or its Administrators and they may require you to provide them with certain consents. In some cases, our ability to access and collect information from such systems may require additional information from you, such as your log-in information (for example, your username and password). Upon your provision of such information, you consent to our using such information solely to log in to such systems to access and collect your information for use in accordance with this policy. In your access and use of the Site and the Service, you may also share information with us (such as search terms or information regarding your health care provider) which we may retain and solely display in your account.
We may also automatically collect information about your computer when you visit or use the Site, including without limitation the type of browser software you use, the operating system you are running, the website that referred you, and your Internet Protocol (“IP”) address. Your IP address is usually associated with the place from which you enter the Internet, like your Internet service provider, your company or your university. Any time you visit any part of the Site, our servers automatically gather information from your browser (such as your IP addresses, browser type, Internet service provider (ISP), referring/exit pages, platform type, date/time stamp, and number of clicks) to analyze trends, administer the site, prevent fraud, track visitor movement in the aggregate, and gather broad demographic information. For example, we may log your IP address for system administration purposes. IP addresses are logged to track a User’s session. This gives us an idea of which parts of the Site Users are visiting.
Information You Provide
We use personally identifying information you or the Administrators supply through the Site to provide you with the service you have requested. We may also use the information to communicate with you about new features, products or services, or to improve the services that we offer by tailoring them to your needs. E-mail messages we send you may contain code that enables our database to track your usage of the e-mails, including whether the e-mail was opened and what links (if any) were clicked. If you would rather not receive promotional e-mails from us, please see the section below labelled “Choice/Opt-Out”. We reserve the right to send you certain communications relating to the Site, such as service announcements and administrative messages, without offering you the opportunity to opt out of receiving them. We may also contact you by telephone or text message (including to any wireless number you may provide to us) solely in connection with the Site. We may record telephone conversations. Those recordings are also governed by this policy, and we keep this data in the same way that we keep other data. If you would rather not receive telephone calls or text messages from us, you may change or delete your number from your account preferences page(s), or ask to be removed from our contact list if you receive a call or text message from us.
Demographic data is also collected at the Site. We use this data to tailor our visitors’ experience at the Site, showing them content that we think they might be interested in, and displaying the content according to their preferences. Some of this information may be shared with advertisers on a non-personally identifiable basis.
We may periodically conduct voluntary User surveys or questionnaires. We encourage our Users to participate in such surveys and questionnaires because they provide us with important information regarding the improvement of the Site. You may also volunteer for certain surveys and questionnaires that we may offer to our users, and any additional rules regarding the conduct of such surveys will be disclosed to you prior to your participation.
We may make discussion boards available to our Users and visitors. Any information that is disclosed in these areas becomes public information and you should exercise caution when deciding to disclose any personally identifying information. Please consult the community guidelines for the discussion board when posting comments on them for other specific information.
You should be aware that if you upload, post, or distribute to the Site material, including but not limited to, personally identifiable information, questions, feedback, reviews, testimonials, data, comments, ratings, suggestions, information, text, data, software, sounds, photographs, podcasts, audio, audiovisual, video, images, graphics, messages and other content or materials of any nature (“User Submitted Materials”), those materials and the substantive information contained in them may be accessible by third parties. To request removal of your personal information from our open forums, contact us. In some cases, we may not be able to remove your personal information, in which case we will let you know if we are unable to do so and why.
Use of Your Personal Information
Our primary purpose in collecting your personal data is to provide you with the services you request and those which we believe will optimize your use of the Site. You agree that we may use your personal data for the following purposes:
for the services offered on the Site, such as facilitating appointments and purchases and sales between Customers and Providers;
to contact you when necessary, such as appointment reminders;
to fulfil or otherwise respond to a User request;
to contact you from time to time with Provider, User or service updates;
to send messages about us or our services;
to send other messages that help us provide our services on the Site;
to assist people you have done (or have agreed to do) business with. For example, if you are a Provider and a Customer has booked an appointment or inquired with you needs your details, we may pass them on; if you are a Customer and a Provider with whom you have booked an appointment needs to contact you, we may give them your details;
to customize, measure, report on and improve our services, content and advertising;
to promote services related to the Site or those of the MediBookr group or our affiliates;
to compare information for accuracy, and verify it with third parties; and
to prevent, investigate or prosecute activity we think may be potentially illegal, unlawful or harmful.
We collate statistics about site traffic, sales and other commercial information which we pass onto third parties to assist us in improving the services we provide to you. We also use demographic information to tailor the Site and we share that information with third parties so that they can build up a better picture of our customer base and general consumer trends.
If you are a User, we will also be able to contact you about your account and your use of our services.
You acknowledge and agree that we may disclose information you provide to enforce our policies or if required to do so by law, at the request of a third party, or if we, in our sole discretion, believe that disclosure is reasonable to (1) comply with the law, requests or orders from law enforcement, or any legal process (whether or not such disclosure is required by applicable law); (2) protect or defend our, or a third party’s, rights or property; or (3) protect someone’s health or safety, such as when harm or violence against any person (including you) is threatened.
We may disclose your personal data to enforce our policies, or where we are permitted to do so by applicable law, such as in response to a request by law enforcement or governmental authority, or in connection with actual or proposed litigation, or to protect our property, people and other rights or interests.
We may also share your personal data with:
one of our business associates if you have requested their services or if you have requested to be provided with information by them;
another User if you have done business with them;
a third party performing services on our behalf;
companies in the MediBookr group or our affiliates;
other companies or business entities, for example, if we are thinking of a merger with or sale to that company or business entity; or
any third party you have asked us to share your personal data with, such as social media sites if you have asked us to connect with your social media account.
We also may need to disclose your personal information or any other information we collect about you if we determine in good faith that such disclosure is needed to: (1) comply with applicable law, regulation, court order or other legal processes; (2) protect our rights, property or safety or those another party; (3) enforce our agreements with you; or (4) respond to claims that any posting or other content violates third-party rights.
Unless otherwise specified on the Site, we may sell or share personally identifying information with our affiliates and associates and with carefully selected third party companies who we think can offer you services and products of interest to you. If you do not wish to have your personally identifying information shared, write to us at the street address set forth at the end of this document. If you do not wish to receive future commercial communications from us by e-mail, simply follow the unsubscribe instructions contained within the e-mail. If you have registered on any part of the Site, please use the mechanism on the Site that allows you to change or update your User preferences or information, if available, to keep all such date accurate and up-to-date. Otherwise, contact us at email@example.com with your changes.
We also allow access to our database by third parties that provide us with services, such as technical maintenance, but only for the purpose of and to the extent necessary to provide those services. And if you choose to purchase or sell Services through the Site, we may forward your information to third parties for such Services such as payment processing and order fulfilment. There are also times when you provide information about yourself to us in areas of the Site that may be managed or participated in by third parties, such as third-party social networking sites (for example, Facebook, Pinterest or Twitter), auction services or shopping areas. In such cases, the information may be used by us and by such third party(ies), each pursuant to its own policies. We may also provide your information to our advertisers so that they can serve ads to you that meet your needs or match your interests. While we will seek to require such third parties to follow appropriate privacy policies and will not authorize them to use this information except for the express purpose for which it is provided, we do not bear any responsibility for any actions or policies of third parties. We may also provide access to our database in order to cooperate with official investigations or legal proceedings, including, for example, in response to subpoenas, search warrants, court orders, or other legal processes.
In addition, we reserve the right to use the information we collect about your computer, which may at times be able to identify you, for any lawful business purpose, including without limitation to help diagnose problems with our servers, to gather broad demographic information, and to otherwise administer the Site.
While your personally identifying information is protected as outlined above, we reserve the right to use, transfer, sell and share aggregated, anonymous data about our users and their use of the Site and our other services for any business purpose, such as analyzing usage trends as they may apply generally, to the Site or otherwise and seeking compatible advertisers and partners.
You may have accessed the Site through a hyperlink from the website of one of our business associates. If so, you consent to your personal details and purchase information, including behavioral patterns, being shared with that business associate in accordance with our contractual relationship with them.
In addition, as our business changes, we may buy or sell various assets. In the event all or a portion of the assets owned or controlled by us, any parent, subsidiary or affiliated entity are sold, assigned, transferred or acquired by another person or entity, whether through a merger, sale of assets or otherwise, the information from or about the Users may be among the transferred assets
Required Notice Under the Texas Health and Safety Code, Sec. 181.154
Because the Service may involve the electronic sharing of certain protected health information (“PHI”), such as with Providers for whom we are assisting with securing appointments, we are required to post this notice to clients that their PHI is subject to electronic disclosure
HIPAA Notice of Privacy Practices
Under a federal law called the Health Insurance Portability and Accountability Act (“HIPAA”), some of the demographic, health and/or health-related information that we receive as part of in connection with Listings may be considered PHI. We may only use and disclose your PHI in the ways permitted by HIPPA. Your use of the Site and the Listings may involve electronic disclosure of PHI to Providers. By agreeing to this policy, you authorize us to electronically disclose this information with such Providers in each instance.
This notice applies to PHI protected under HIPAA. PHI includes information that we collect, create or maintain as part of the Services that could potentially be used to identify who you are, such as:
personal information, such as your name, age and gender;
health information, such as the condition or procedure search terms you use to find a doctor; or
health insurance benefits information, such as your insurance co-pay or remaining deductible
We can use your PHI to give you options for Providers in your area.
We can share PHI with Providers in connection with the Services.
We can use and share PHI to improve our service and contact you when necessary.
From time to time, we may use contractors to provide certain services for us. These contractors are required by law and their contracts with us to protect your information the same way we do.
In certain other circumstances, we are allowed, and sometimes are required, to share health information without your written permission. We may also disclose your personal information when we believe in good faith that disclosure is necessary to protect our rights, protect your safety or the safety of others, investigate fraud, or respond to a government request, and if we are involved in a merger, acquisition, or sale of all or a portion of our assets. We may have to meet many conditions in the law before we can share your information for these purposes.
On occasion, we may make arrangements with certain customers or business partners to share certain de-identified aggregate information in order to assist such customers or business partners improve their service. We may also share such information with you or other Users. This type of information may be based in part on information related to you, but does not allow for the personal identification of any individual.
Cookies and Beacons
The Site pages may contain or use electronic images known as web beacons, sometimes called clear or single-pixel gifs, that may be used to assist in delivering cookies on the Site and allow us to count users who have visited those pages and to deliver co-branded services. We may include web beacons in promotional e-mail messages or our newsletters in order to determine whether messages have been opened and acted upon. We may also employ web beacons from third parties in order to help us compile aggregated statistics regarding the effectiveness of our promotional campaigns or other operations of the Site.
When you download or use mobile applications, we may receive information about your location and your mobile device, including a unique identifier for your device. We may use this information to provide you with location-based services, such as advertising, search results and other personalized content. Most mobile devices allow you to turn off location services. If you have questions about how to disable your device’s location services, we recommend you contact your mobile service carrier or your device manufacturer.
Links to Other Websites
The Site may contain links to other websites. The fact that we link to a website is not an endorsement, authorization or representation of our affiliation with that third party. We do not exercise control over third party websites. These other websites may place their own cookies or other files on your computer, collect data or solicit personally identifiable information from you. Other sites follow different rules regarding the use or disclosure of the personally identifiable information you submit to them. We encourage you to read the privacy policies or statements of the other websites you visit.
Information Collected from Third Party Sites and Services
We will retain your personal data only as long as is necessary for the purposes to which you consent under the Terms and Conditions and this policy, or in the case of Providers, the applicable Provider agreement, or as is required by applicable law, and then we will delete it.
Information Security and Notification
We take reasonable technical and organizational measures to guard against unauthorized or unlawful processing of your personal data and against accidental loss or destruction of, or damage to, your personal data. While no system is completely secure, we believe the measures implemented by the Site reduce our vulnerability to security problems to a level appropriate to the type of data involved. We have security measures in place to protect our user database and access to this database is restricted internally. However, it remains your responsibility:
to protect against unauthorized access to your use of the Site;
to ensure no one else uses the Site while your machine is logged on to the Site (including by logging on to your machine through a mobile, Wi-Fi or shared access connection you are using);
to log off or exit from the Site when not using it;
where relevant, to keep your password or other access information secret. Your account information and password are personal to you and should not be given to anyone else or used to provide shared access, such as over a network; and
to maintain good internet security. For example if your email account or social media account is compromised this could allow access to your account with us if you have given us those details or permitted access through those accounts. If your email account is compromised it could be used to ask us to reset a password and gain access to your account with us. You should keep all of your account details secure. If you think that any of your accounts has been compromised you should change your account credentials with us, and in particular make sure any compromised account does not allow access to your account with us. You should also tell us as soon as you can, so that we can try to help you keep your account secure and if necessary warn anyone else who could be affected.
If you have asked us to share data with third party sites, their servers may not be secure. Credit card or other payment information is generally stored by our payment processing partners and we ask them to keep that data secure. We also use third parties to help us optimize the Site flow, content and advertising.
Because no data transmission over the Internet is completely secure, and no system of physical or electronic security is impenetrable, we cannot guarantee the security of the information you send to us or the security of our servers or databases, and by using the Site you agree to assume all risk in connection with the information sent to us or collected by us when you use the Site. In the unlikely event that we believe that the security of your information in our possession or control may have been compromised, we may seek to notify you. If notification is appropriate, we may notify you by e-mail (provided we have your e-mail address).
For any services that allow you to control which e-mails you receive, go to the e-mail settings page from your account home page, and un-check the undesired promotions.
Kids and Parents
The Site is intended for adults and does not knowingly collect any personal information from children. We do not target the Site or services to children under the age of 13, and in compliance with the Children’s Online Privacy Protection Act, any information we may receive from users we believe to be under the age of 13 will be purged from our database
Attn: Customer Service
c/o Law Office of Douglas M. Berman, PLLC
4925 Greenville Ave., Suite 200
Dallas, Texas 75206