Last Updated: January 12th, 2021

Introduction

The services offered on our website, www.omcare.com (the “Site”), on the Ōmcare mobile application (the “App”) and through the Ōmcare Home Health Hub (the “Device”) (collectively the “Services”) are owned and operated by Ōmcare Inc. (“Ōmcare”, “we”, “us”, “our”, or the “Company”). Please read this Privacy Policy (this “Privacy Policy”) and our Terms of Use (the “Terms”) carefully.

This Privacy Policy applies to all Users of the Service, including all visitors, browsers, vendors, advertisers, and/or contributors of content (“Users”). If you do not agree with any part of this Privacy Policy, you must not use the Service. Your continued use of the Service will constitute your acceptance of this Privacy Policy. Any new features or tools which are added to the current Service shall also be subject to this Privacy Policy. You can review the most recent version of this Privacy Policy at any time here. We reserve the right to update, change, or replace any part of this Privacy Policy by posting updates and/or changes. It is your responsibility to check the Service periodically for changes, reading and understanding them. Your continued use of the Service following the posting of any changes constitutes acceptance of those changes.

Coverage of this Privacy Policy

This Privacy Policy covers our treatment of personally identifiable information (“Personal Information”) that we gather when you are accessing or using our Services, but not to the practices of companies we don’t own or control, or people that we don’t manage.  We gather various types of Personal Information from our users, as explained in more detail below, and we use this Personal Information internally in connection with our Services, including to personalize, provide, and improve our Services, to allow you to set up a user account and profile, to contact you and allow other users to contact you, to fulfill your requests for certain products and Services, and to analyze how you use the Services. In certain cases, we may also share some Personal Information with third parties, but only as described below.

Information Collected

Information you provide to us

We receive personal data directly from you (and from such other persons as you authorize to use the Services through your Account) when you (or such third parties) provide us with such personal data. You represent and warrant that you have all necessary authorizations, permissions and consents necessary to provide us with such information, including without limitation the following:

Account Registration Information

We collect the information you supply when you create an Account, for example, your first and last name, address, e-mail address, phone number, date of birth, gender, ethnicity, login name, the password you select. This information may be edited at any time by logging into your Account.

Preferences and Suggestions

We collect information and suggestions that you give to us, including information about your preferences.

Financial Information

You are required to provide financial information in the form of a valid credit card number and billing address in order to continue receiving services.

User Content

We collect user content that you provide to or through our Services, for example, voice commands, photographs (including for facial recognition), audio and video, medication data (such as information about your prescription(s), a list of prescribed drugs and over-the-counter drugs, where you fill them, when you schedule to take them, if/when you take them and if/when they may need to be refilled), contact list in your mobile device, a list of medical conditions that physicians have diagnosed, self-assessment data (such as information you self-report about how you feel), insurance data (such as your insurance carrier, insurance plan, member ID, group ID, payer ID). User content can include personal data if you include personal data in such content.

If you provide your third-party account credentials to us or otherwise sign in to the Services through a third-party site or service, you understand some content and/or information in those accounts (“Third Party Account Information”) may be transmitted into your account with us if you authorize such transmissions, and that Third Party Account Information transmitted to our Services is covered by this Privacy Policy.

Non-Identifying Information

Whenever you use our Services, we automatically receive and record non-identifying information from your browser or mobile devices, such as your Internet Service Provider, IP address, referring URL, geolocation data, device identification, hardware type, the version of your operating system, the type of browser and/or device you’re using to access our Services, and the page or feature you requested. Without a subpoena, voluntary compliance on the part of your Internet Service Provider, or additional records from a third party, this information alone cannot usually be used to identify you.

Cookies Information

“Cookies” are small text files that are saved by your browser when you access our Services. Like many websites and mobile application operators, we collect certain information through the use of “cookies”. Cookies can either be “session cookies” or “persistent cookies”. Session cookies are temporary cookies that are stored on your device while you are visiting our Website or using our Services, whereas “persistent cookies” are stored on your device for a period of time after you leave our Website or Services. We use persistent cookies to store your preferences so that they are available for the next visit, and to keep a more accurate account of how often you visit our Service, and how your use of the Services varies over time. We also use persistent cookies to measure the effectiveness of advertising efforts. You may be able to change the preferences on your browser or device to prevent or limit your device’s acceptance of cookies, but this may prevent you from taking advantage of some of our features. For more information about cookies, visit http://www.allaboutcookies.org/

The Services uses the following cookies:

Essential Cookies

Essential cookies are required for providing you features or services that you have requested. For example, certain cookies enable you to log into our secure areas or use a shopping cart feature within our Services. Disabling these cookies may make certain features and services unavailable.

Functional Cookies

Functional cookies are used to record your choices and settings regarding our Services, maintain your preferences over time, and recognize you when you return to our Services. These cookies help us to personalize our content for you, greet you by name, and remember your preferences.

Performance/Analytical Cookies

Performance/analytical cookies allow us to understand how visitors use our Site and Services such as by collecting information about the number of visitors to the Site, what pages visitors view on our Site, and how long visitors are viewing pages on the Site. Performance/analytical cookies also help us measure the performance of our advertising campaigns in order to help us improve our campaigns and the Services’ content for those who engage with our advertising.

Retargeting/Advertising Cookies

Retargeting/advertising cookies collect data about your online activity and identify your interests so that we can provide advertising that we believe is relevant to you. We may use this data to customize content for you that we think you might like, based on your usage patterns. We may also use it to improve our Services, for example, this data can tell us how often users use a particular feature of the Services, and we can use that knowledge to make the Services interesting to as many users as possible.

Third Party Cookies

Some cookies are placed by a third party on your device and may provide information to us and third parties about your browsing habits (such as your visits to our Services, the pages you have visited and the links and advertisements you have clicked). These cookies can be used to determine whether certain third-party services, such as web analytics services, advertisement services and social media services, are being used, to identify your interests, to retarget advertisements to you and to serve advertisements to you that we or others believe are relevant to you. This Privacy Policy does not cover the use of cookies by any third parties, and we aren’t responsible for their privacy policies and practices. Please be aware that cookies placed by third parties may continue to track your activities online even after you have left our Services, and those third parties may not honor “Do Not Track” requests you have set using your browser or device.

“Do Not Track”

Your browser may offer you a “Do Not Track” option, which allows you to signal to operators of websites and web applications and services (including behavioral advertising services) that you do not wish such operators to track certain of your online activities over time and across different websites. Our Services do not support Do Not Track requests at this time, which means that we collect information about your online activity both while you are using the Services and after you leave our Services.

Use of Your Information

We may use your information to operate, improve, understand and customize our Services for you. For example, if you provide your medical data to us, you understand we may use such data to improve and personalize our Services for you and/or to identify, select and contact you about offers, including offers to participate in certain features of the Services that we think may interest or benefit you, such as beta and/or new features that may entail sharing your information with a third-party service provider. Certain information may be required to register with us or to take advantage of some of our features.

Specifically, we may use medication data that you provide us in order to determine whether you are a good fit for additional Services we may offer. Our use of your medication data for this purpose will be internal to Ōmcare and will only be used by our marketing department to send you information and offers related to Services. We will not share any medication data with third parties, including any pharmacy partners, before you sign up for Services. You hereby acknowledge and consent to our use of your medication data in order to market our relevant Services to you.

In addition, we may track user activity so that we better understand your preferences, respond to user inquiries, provide support and assistance for the Services, fulfill user requests, comply with our legal or contractual obligations, resolve disputes, perform any other function that we believe in good faith is necessary to protect the security or proper functioning of our Services as well as to deter fraudulent, illegal or harmful actions.

We may communicate with you if you’ve provided us the means to do so. For example, if you’ve given us your email address, we may send you promotional email offers on behalf of other businesses, or email you about your use of the Services, including emails about Service announcements, updates about the Company, notifications of amendments to legal documents such as this Privacy Policy.

Also, we may receive a confirmation when you open an email from us. This confirmation helps us make our communications with you more interesting and improve our services. If you do not want to receive communications from us, please indicate your preference by updating your account preferences or applicable opt-out hyperlink(s).

Accessing, Editing, and Removing Your Information

Users may in some cases be able to review and edit the personal information they have provided to us by logging into and editing their account. Although most changes may occur immediately, information may still be stored in a web browser’s cache. We take no responsibility for stored information in your cache, or in other devices that may store information, and disclaim all liability of such. In addition, we may, from time to time, retain residual information about you in our backup and/or database.

Sharing Your Information

We may share your Personal Information with vendors, third party service providers and agents who work on our behalf and provide us with services related to the purposes described in this Privacy Policy and Terms of Use.

Caregivers / Care Professionals

If you authorize users in the caregiving role, including those in your family and/or those in your long-term care facility, to link to your account, we will share Personal Information with the Caregivers in order to facilitate contact between you and the Caregivers and to ensure your continued access to our Services. You may revoke access to at any time through your account settings.

Our Pharmacy Partners

We will share certain information with our pharmacy partners solely to the extent necessary for you to receive our Services, including your name, address and information about your prescriptions.

De-identified Information

We may de-identify your Personal Information so that you are not identified as an individual and provide that information to our partners. We may also provide aggregate usage information to our partners (or allow partners to collect that information from you), who may use such information to understand how often and in what ways people use our Services, so that they, too, can provide you with an optimal online experience. However, we never disclose aggregate usage or de-identified information to a partner (or allow a partner to collect such information) in a manner that would identify you as an individual person.

Advertisers

We allow advertisers, ad networks, and/or merchant partners to choose the demographic information of users who will see their advertisements and/or promotional offers and you agree that we may provide any of the information we have collected from you in non-personally identifiable form to an Advertiser, in order for that Advertiser to select the appropriate audience for those advertisements and/or offers based on your location. We might allow Advertisers to display their ads to users with similar usage patterns to yours, but we will not disclose usage information to Advertisers except in aggregate form, and not in a manner that would identify you personally. Note that if an advertiser asks us to show an ad to a certain audience or audience segment and you respond to that ad, the advertiser may conclude that you fit the description of the audience they were trying to reach.

We may deliver a file to you through the Services (known as a “web beacon”) from an ad network. Web beacons allow ad networks to provide anonymized, aggregated auditing, research and reporting for us and for advertisers. Web beacons also enable ad networks to serve targeted advertisements to you when you visit other websites. Because your web browser must request these advertisements and web beacons from the ad network’s servers, these companies can view, edit, or set their own cookies, just as if you had requested a web page from their site. You may be able to opt-out of web beacon tracking conducted by third parties through our Services by adjusting the Do Not Track settings on your browser; again, please note that we do not control whether or how these third parties comply with Do Not Track requests.

Affiliated Businesses

In certain situations, businesses or third-party websites we are affiliated with may sell or provide products or services to you through or in connection with the Services (either alone or jointly with us). You can recognize when an affiliated business is associated with such a transaction or service, and we will share your Personal Information with that affiliated business only to the extent that it is related to such transaction or service. One such service may include the ability for you to automatically transmit Third Party Account Information to your Services profile or to automatically transmit information in your Services profile to your third-party account. We have no control over the policies and practices of third-party websites or businesses as to privacy or anything else, so if you choose to take part in any transaction or service relating to an affiliated website or business, please review all such businesses’ or websites’ policies.

Agents

We employ other companies and people to perform tasks on our behalf and need to share your information with them to provide products or services to you (such as hosting, payment processing, fraud prevention, staff augmentation, fulfillment, data storage, security, web service analytics or ad serving) and/or who make certain services, features or functionality available to our users on our behalf. Unless we tell you differently, our agents do not have any right to use the Personal Information we share with them beyond what is necessary to assist us.

We also share personal data when necessary to complete a transaction initiated or authorized by you or provide you with a product or Services you have requested. In addition to those set forth above, these parties also include:

  • Other users in order to facilitate contact between you and other Users.
  • Social media services if you interact with them through your use of the Services
  • Other parties authorized by you

We also share Personal Data when we believe it is necessary to:

  • Comply with applicable law or respond to valid legal process, including from law enforcement or other government agencies
  • Protect us, our business or our Users, for example to enforce our Terms, prevent spam or other unwanted communications and investigate or protect against fraud, or
  • Maintain the security of our products and services
User Profiles and Submissions

Certain User Submissions, including your name, location, and any video or image content that such user has uploaded to the Services, may be displayed to other users to facilitate user interaction within the Services or address your request for our Services.  Your account privacy settings may allow you to limit the other users who can see the Personal Information in your user profile and/or what information in your user profile is visible to others, including Caregivers and other healthcare professionals. Please remember that any content you upload to your public user profile, along with any Personal Information or content that you voluntarily disclose online in a manner which other users can view becomes publicly available and can be collected and used by anyone. Additionally, if you sign into the Services through a third party social networking site or service, your list of “friends” from that site or service may be automatically imported to the Services, and such “friends,” if they are also registered users of the Services, may be able to access certain non-public information you have entered in your Services user profile. Again, we do not control the policies and practices of any other third-party site or service.

Business Transfers

We may choose to buy or sell assets and may share and/or transfer customer information in connection with the evaluation of and entry into such transactions. Moreover, if we, or substantially all of our assets, were acquired, or if we go out of business or enter bankruptcy, or go through some other change of control, user information could be one of the assets transferred to or acquired by a third party, and we would share personal data with the party that is acquiring our assets. You acknowledge that such transfers may occur, and that any acquirer of us or our assets may continue to use your personal data as set forth in this policy.

Release of Your Information for Legal Purposes

We reserve the right to access, read, preserve, and disclose any information that we believe is necessary to comply with law or court order; enforce or apply our Terms of Use and other agreements; or protect the rights, property, or safety of Ōmcare, our employees, our users, or others.

At times, it may become necessary or desirable, for legal purposes, to release your information in response to a request from a government agency or a private litigant. You agree that we may disclose your information to a third party where we believe, in good faith, that it is desirable to do so for the purposes of a civil action, criminal investigation, or other legal matter. In the event that we receive a subpoena affecting your privacy, we may elect to notify you to give you an opportunity to file a motion to quash the subpoena, or we may attempt to quash it ourselves, but we are not obligated to do either. We may also proactively report you, and release your information to, third parties where we believe that it is prudent to do so for legal reasons, such as our belief that you have engaged in fraudulent activities. You release us from any damages that may arise from or relate to the release of your information to a request from law enforcement agencies or private litigants.

Commercial and Non-Commercial Communications

By providing information to the Service that forms the basis of communication with you, such as contact information, you waive all rights to file complaints concerning unsolicited email from us since, by providing such information, you agree to receive communication from us or anyone else covered under this Privacy Policy. However, you may unsubscribe from certain communications by notifying us that you no longer wish to receive solicitations or information and we will endeavor to remove you from the database.

Security Measures

We take reasonable steps to enhance the security of our Services, including using SSL certificates and to protect your personal information from loss, misuse, and unauthorized access, disclosure, alteration, or destruction. It is in our interest to keep our Services secure, but we recommend that you use anti-virus software, firewalls, and other precautions to protect yourself from security threats. Furthermore, your account is protected by a password for your privacy and security. You must prevent unauthorized access to your account and personal data by selecting and protecting your password appropriately and limiting access to your computer or device and browser by signing off after you have finished accessing your account.

Aggregate Data

We provide aggregate usage information to our partners (or allow partners to collect that information from you), who may use such information to understand how often and in what ways people use our Services, so that they, too, can provide you with an optimal online experience. We also, from time to time, de-identify your personal data so that you are not identified as an individual and provide that information to our partners.

Is Personal Information about me secure?

Your account is protected by a password for your privacy and security. If you access your account via a third-party site or service, you may have additional or different sign-on protections via that third-party site or service. You must prevent unauthorized access to your account and Personal Information by selecting and protecting your password and/or other sign-on mechanism appropriately and limiting access to your computer or device and browser by signing off after you have finished accessing your account.

We endeavor to protect the privacy of your account and other Personal Information we hold in our records, but unfortunately, we cannot guarantee complete security. Unauthorized entry or use, hardware or software failure, and other factors, may compromise the security of user information at any time.

What Personal Information can I access?

Through your account settings, you may access, and, in some cases, edit or delete the following information you have provided to us:

  • name and password
  • email address
  • mailing address
  • phone number
  • date of birth
  • medications
  • pharmacy
  • long term care facility
  • care professionals associated to your account

The information you can view, update, and delete may change as the Services change. If you have any questions about viewing or updating information we have on file about you, please contact us at support@omcare.com.

Your California Online Privacy Rights

We permit residents of California to use our Services. Therefore, it is our intent to comply with the California Business and Professions Code §§ 22575-22579. If you are a California resident, you may request certain information regarding our disclosure of personal information to any third parties for their direct marketing purposes. Various provisions throughout this Privacy Policy address requirements of the Californian privacy statutes. In summary, you must presume that we collect electronic information from all visitors. You may contact us at support@omcare.com with any questions.

Under California Civil Code Sections 1798.83-1798.84, California residents are entitled to contact us to prevent disclosure of Personal Information to third parties for such third parties’ direct marketing purposes; in order to submit such a request, please contact us at support@omcare.com.

Out-of-State or International Transfer

Your information may be transferred to—and maintained on—computers located outside of your state, province, country or other governmental jurisdiction where the privacy laws may not be as protective as those in your jurisdiction. If you are located outside the United States and choose to provide information to us, we transfer Personal Information to the United States and processes it there. Your consent to this Privacy Policy followed by your submission of such information represents your agreement to that transfer. By using the Services, you acknowledge that personal data about you, regardless of whether provided by you or obtained from a third party, is being provided to us in the United States and will be hosted on United States servers, and you authorize us to transfer, store and process your information to and in the United States, and possibly other countries. You hereby consent to the transfer of your data to the United States as set forth herein.

Children

The Children’s Online Privacy Protection Act (“COPPA”) requires that online service providers obtain parental consent before they knowingly collect personally identifiable information online from children who are under 13. We do not knowingly collect or solicit personally identifiable information from a child under 13 without obtaining verifiable consent from that child’s parent or guardian (“Parental Consent”), except for the limited amount of personally identifiable information we need to collect in order to obtain Parental Consent (“Required Information”). Until we have received Parental Consent, we will only use Required Information for the purpose of obtaining Parental Consent. If you are a child under 13, please do not attempt to send any personal information about yourself to us before we obtain Parental Consent, except for the Required Information in the context of the Parental Consent process. If you believe that a child under 13 has provided us with personal information (beyond the Required Information) without our obtaining Parental Consent, please contact us at support@omcare.com.

What choices do I have?

You can always opt not to disclose information to us, but keep in mind some information may be needed to register with us or to take advantage of some of our features. You may be able to add, update, or delete information as explained above. When you update information, however, we may maintain a copy of the unrevised information in our records. You have some choices in the way that we use and share information as we answer questions from your family and friends, provide disaster relief and market our services.

You may request deletion of your account by emailing your request to support@omcare.com. Some information may remain in our records after your deletion of such information from your account. We may use any aggregate data derived from or incorporating your Personal Information after you update or delete it, but not in a manner that would identify you personally.

In addition, you have the right to:

  • Request confidential communication
  • Ask us to limit the information we share
  • Get a list of those with whom we’ve shared your information
  • Get a copy of this privacy notice
  • Choose someone to act for you
  • File a complaint if you believe your privacy rights have been violated

Finally, keep in mind that if you choose to turn on the Do Not Track function on your browser, we may continue to use all information we collected prior to your turning that function on, in the manner described in this Privacy Policy.

Amendments

We may amend this Privacy Policy from time to time. When we amend this Privacy Policy, we will post the changes here. Your continued use of our Service shall constitute your acceptance of such changes.

What if I have questions about this policy?

If you have any questions or concerns regarding our privacy policies, please send us a detailed message to support@omcare.com, and we will try to resolve your concerns as quickly as possible.