Effective Date: September 23, 2022
1. WHAT INFORMATION DOES ICON COLLECT FROM YOU?
Via the Services, Icon may collect from you: (i) Personal Information (including Health Information), (ii) Non-Personal Information, including technical and other information. You may choose not to provide us with your Personal Information or, if you are a medical care provider, any Health Information of any of your patients. However, choosing not to provide certain requested Personal Information or Health Information, as applicable, may prevent you from accessing and taking advantage of certain services offered by Icon.
1.1 Personally Identifiable Information
a. Registered Users
At the time you become a Registered User of the Services, you may be asked to provide us Personal Information including your name, company name, address, phone number, email address so we can create an account for you. Your provision of any personally identifiable information is voluntary. However, if you choose not to provide the information requested, certain aspects or elements of the Services may not be available to you.
b. Health Information
If you are a resident, you may voluntarily submit your Health Information in connection with your use of the Services, 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 may also collect Health Information about you prepared by the providers who provide the Services through the Platform such as medical records, treatment and examination notes, and other health related information.
Some of the Personal Information provided by you or collected by us may be “protected health information” that is governed by the Health Insurance Portability and Accountability Act of 1996 (“HIPAA”). Although Icon is not a “covered entity” under HIPAA, Icon is subject to certain aspects of HIPAA when performing services on behalf of a covered entity, such as skilled nursing facilities and healthcare providers. Icon is considered a “business associate” under HIPAA when providing services to “covered entities.” Icon will comply with applicable HIPAA requirements under those circumstances and its uses and disclosures of applicable Personal Information, including Health Information, will only be made in accordance with HIPAA and Icon’s contracts with covered entity clients.
c. Request a Demonstration of the Services
We may permit you to request a demonstration by filling out a form available on our website. We may collect Personal Information including first name, last name, job title, company name, state or region, phone number and email address from such forms.
d. Contacting Us
You may contact us by filling out a form available on our website for general inquiries including exploring a partnership with Icon, featuring Icon in a story, and providing a service to Icon. We may collect Personal Information including your first name, last name, title, email address, phone number and company name from such web forms. If you are a Registered User of our Services, you may provide certain Personal Information through the submission of a web form to obtain client support.
1.2 Non-Personal Information
While you are browsing the Services, we automatically log your Internet protocol (“IP”) address, certain other technical information including your browser type and connection speed and your activities while using the Services (such as the pages you visited). When you access the Services from a mobile device, we may collect anonymous information from that device, including IP address, browser type, and device type, and other usage information about your device.
In order to personalize and enhance your experience on the Services, we may also collect information through the following technologies:
- Web Beacons. Web beacons are small graphic images or other web programming code that may be included in our site pages or other areas of the Services. Web beacons are tiny graphics with a unique identifier, similar in function to cookies, and are used to track the online movements of users of our Services. Unlike cookies, which are typically stored on your computer or mobile device’s hard drive, web beacons are embedded invisibly on web pages. Web beacons or similar technologies help us better manage content on our Services by informing us what content is effective, counting the number of users of the Services, monitoring how users navigate the Services, or counting how many emails, articles or links were actually opened or viewed.
- Embedded Scripts. An embedded script is programming code that is designed to collect information about your interactions with the Services, such as the links you click on. The code is temporarily downloaded onto your computer, mobile or other device from our server or a third party service provider.
2. HOW IS YOUR INFORMATION USED?
2.1 Personal Information. We collect, retain, and use the Personal Information we collect via the Services for the following purposes (subject to restrictions and limitations imposed by applicable laws, including HIPAA):
- to establish you as a Registered User on the Services with access to any password protected portions of the Services;
- to provide you the Services and products you requested;
- to operate and improve the Services;
- to verify your identity to allow your access to any password protected portions of the Services;
- to respond to an inquiry from you or address a request submitted by you (including contacting you directly to request additional information to process your inquiry or request);
- to correspond with you regarding the Services;
- to contact and provide you promotional information regarding Icon and/or our affiliates or to inform you of developments in our company or with our Services that we believe may be of interest. Your Health Information will not be used for these purposes listed here.
- to send you newsletters, publications and other non-commercial communications regarding the Services if you are on our mailing list. Registered Users will be automatically subscribed at no charge to our mailing list.
- to create aggregated, non-personal information, or to create de-identified information;
- to comply with applicable laws, regulations or legal process;
- to comply with requests of relevant regulatory and law enforcement and/or other governmental agencies or authorities;
We may use your Personal Information for purposes otherwise disclosed at the time you provide your information. Notwithstanding anything to the contrary herein, Icon agrees to not use or disclose any Health Information that has been submitted to Icon through or in association with the Services other than as permitted or required by applicable law.
2.2 Non-personal Information. We may use any Non-personal Information for any purposes as appropriate and subject to applicable law, since Non-personal Information cannot identify you as an individual. For example, we may use Non- personal Information collected to monitor visitor traffic patterns and Service usage, to improve our Services, to customize your browsing experience, to communicate with you, and otherwise to respond to your questions and suggestions regarding use of the Services as may be permitted by applicable law. We may also use Non-personal Information in the aggregate to create summary statistics that help us analyze Service usage trends, assess what information is of most and least importance, determine technical design specifications, arrange our Services in a user-friendly way, and identify system performance or problem areas.
3. WHEN WE SHARE YOUR PERSONAL INFORMATION? We may disclose your information, including your Personal Information:
- To other users of the Portal to the extent you choose to include it in your personal profile or other User Contributions, in each case as you direct us to do so via the Portal’s forms and interactive features;
- To your Community to the extent you choose to include it when you register for the Portal or in your requests for services from them;
- To your Community or others (such as family members), solely at your direction and in connection with your use of the Portal’s health/wellness tracker application (this applies also to Personal Health Information collected through the use of such application);
- To our directors, officers, employees, subsidiaries and affiliates;
- To a buyer or other successor in the event of a merger, divestiture, restructuring, reorganization, dissolution or other sale or transfer of some or all of the Company’s assets, whether as a going concern or as part of bankruptcy, liquidation or similar proceeding, in which Personal Information held by the us about our Portal users is among the assets transferred;
- If we believe disclosure is necessary or appropriate to protect the rights, property, or safety of the Company, the Portal’s users or others;
- For any other purpose disclosed when the information is provided; and
- For any other purpose with your consent;
- We may share anonymized or de-identified information that is not tied to your Personal Information—such as traffic data (e.g., audience size and usage patterns) that we collect from cookies, web beacons or other embedded code—with third parties without restriction.
4. YOUR PRIVACY CHOICES
We strive to maintain the accuracy of any Personal Information that may be collected from you, and will use our commercially reasonable efforts to respond promptly to update our database when you tell us any such information in our database is not accurate. It is your responsibility to ensure that such information is accurate, complete and up-to-date. You may obtain from us, by email or mail, the information in our records and/or files. If you wish to make any changes to any Personal Information you have provided to us, you may do so at any time by contacting us at firstname.lastname@example.org. Registered Users may also update its Personal Information directly using the settings options available on the password protected website. You may opt out of receiving communications from us and our affiliates by following the opt-out link provided in any email received from us or by emailing us at email@example.com. If you close your Registered User account, we will no longer use your online account information or share it with third parties. We may, however, retain a copy of the information for archival purposes, and to avoid identity theft or fraud.
California law permits users that are residents of California to request the following information regarding our disclosure of your personal information to third parties for those third parties’ direct marketing purposes (i) a list of certain categories of personal information that we have disclosed to certain third parties for their direct marketing purposes during the immediately preceding calendar year; (ii) the identity of certain third parties that received personal information from us for their direct marketing purposes during that calendar year; and (iii) examples of the products or services marketed (if we have that information). If you are a California resident and would like to make such a request, please email us at firstname.lastname@example.org.
Some internet browsers incorporate a “Do Not Track” feature that signals to websites you visit that you do not want to have your online activity tracked. Given that there is not a uniform way that browsers communicate the “Do Not Track” signal, our Sites do not currently interpret, respond to or alter their practices when it receives “Do Not Track” signals.
The Services do not permit children under 13 to become users, and we do not collect Personal Information from children. By using the Services, you represent that you are not under the age of 13. Any information we receive from users we believe to be under the age of 13 will be purged from our database.
6. THIRD PARTY WEBSITES
Icon may reference or provide links to third party websites. We are not responsible for the third-party websites, and you should review the privacy policies posted on such sites. Please be aware that Icon does not control, nor are we responsible for, the privacy policies or information practices of third parties or their websites.
Icon employs security systems to protect the information we receive from you from unauthorized disclosure. If you are a Registered User, you should not share your password with anyone. You are responsible for maintaining the security of your username and password for the Service. In addition, if you suspect unauthorized access to any Personal Information you have provided, it is your responsibility to contact Icon immediately. Icon personnel will never ask you to divulge your password in written or electronic communications. For registered users, however, Icon personnel may ask security questions for verification purposes. Please be aware that Internet data transmission is not always secure and we cannot warrant that information you transmit utilizing the Services is secure. Because security is important to both Icon and you, we will always make reasonable efforts to ensure the security of our systems. PROTECTING YOUR ACCOUNT LOGIN CREDENTIALS (I.E. YOUR USERNAME AND PASSWORD) FROM UNAUTHORIZED ACCESS IS YOUR RESPONSIBILITY. YOU MAY NOT SHARE YOUR LOGIN CREDENTIALS WITH ANY THIRD PARTY. WE RECOMMEND YOU LOG OUT AFTER ACCESSING YOUR ACCOUNT, CHANGE YOUR PASSWORD ON A PERIODIC BASIS, AND LIMIT ACCESS TO YOUR COMPUTER OR DEVICE AND ITS BROWSER.
8. ACCEPTANCE OF THESE TERMS
10. USERS FROM OUTSIDE THE UNITED STATES
Our website and its Services are hosted in the United States and are governed by United States law. If you are using the Services from outside the United States, please be aware that your information may be transferred to, stored, and processed in the United States where our servers are located and our central database is operated. The data protection and other laws of the United States and other countries might not be as comprehensive as those in your country. By using the Services, you consent to your
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